Last night an old friend and I talked about our hesitation to publish our work. He's in the middle of a Philosophy PhD program at Fordham, and he admitted that he reviews some real crap that people publish.
"Whenever I start writing a paper, I always intend to publish it," I said. "But when I'm done I realize that I really haven't contributed anything new to the pool of knowledge."
"There's so much work out there that doesn't add anything," he agreed. "Not only that, work that doesn't contribute anything to the pool actually pollutes the waters. Bad articles are pollution."
"Exactly. Junk-work muddies the waters and makes it harder for everyone else to find the good stuff."
This reminded me of a blog entry I read by Daniel Solove on Concurring Opinions. He writes:
"The reality is that most law review articles aren't all that great. This is to be expected. In nearly any field, much of what is written isn't all that great. We'd be lucky if 10% is really good. Up the production level, and you get a lot more mediocre and bad work, and only a little more good work. What's happening, in other words, is that the worthwhile articles are becoming needles in an ever-growing haystack."
He suggests that we need a system where the industry recommends the cream of the crop. I endorse this. I'm thinking of the methods of StumbleUpon.com, where law review articles could be given a "thumbs up" if readers find them worthwhile. Like Stumble, the system would allow readers to comment on the articles (think of the potential for debate!). Similarly, users wouldn't be able to "bomb" their own article - they can only vote once, and a writer can't thumbs-up his/her own article. Stumble doesn't "rank" sites per se, and actually I think that would be something to implement for law review articles.
Cons: Researchers might focus too heavily on the highly-rated works, skewing the pool towards older articles. But that would make the discovery and use of new or obscure works more exciting!
Wednesday, April 18, 2007
Tuesday, April 17, 2007
Intellect
A substitute professor and practicing lawyer, on dismissing class 20 minutes before the end:
"It always improved my intellect to leave class early."
"It always improved my intellect to leave class early."
Monday, April 16, 2007
The Weekly Law School Roundup #66
Thanks to Evan Schaeffer's Legal Underground for the shout-out in The Weekly Law School Roundup #66!
Privacy and Mexican Food
Final exams loom. I only have one closed-book exam, a strange imbalance for me. My profs all dropped the last-minute-aside: "I told you guys the exam is open-book, right?" I'm probably the only person who's been furiously memorizing the elements of the privacy torts, but the peace-of-mind throughout the semester would have been nice. Then again, who am I to look a gift horse in the mouth...?
Actually, I am going to look. I'm saying it: I hate open-book exams. I don't learn or retain the information as well because I don't study it as hard. I've been outlining and studying my damn outlines since the start of the semester, so it's an advantage for me when other people have to cram it all at the last minute. I like memorizing. It's one of those rare tasks that rewards time spent. Pure sweat-'o-the-brow, unlike everything else in the law.
Speaking of the privacy torts...intrusion upon seclusion, public disclosure of private facts, false light, and right of publicity. They remind me of a routine on Mexican food by comedian Jim Gaffigan. "It's all the same ingredients," he says.
Describing his time working at a Mexican restaurant:
Customer asks, "What's in the burrito?"
Gaffigan: "Cheese, tortilla, meat or vegetables."
"And what's a quesadilla?"
Gaffigan: "Cheese, tortilla, meat or vegetables."
"How about a tostada?"
Gaffigan: "Cheese, tortilla, meat or vegetables."
These privacy torts are a bit like that: "False statements, injury, malice or intent." Throw defamation in there and you've got a menu.
Actually, I am going to look. I'm saying it: I hate open-book exams. I don't learn or retain the information as well because I don't study it as hard. I've been outlining and studying my damn outlines since the start of the semester, so it's an advantage for me when other people have to cram it all at the last minute. I like memorizing. It's one of those rare tasks that rewards time spent. Pure sweat-'o-the-brow, unlike everything else in the law.
Speaking of the privacy torts...intrusion upon seclusion, public disclosure of private facts, false light, and right of publicity. They remind me of a routine on Mexican food by comedian Jim Gaffigan. "It's all the same ingredients," he says.
Describing his time working at a Mexican restaurant:
Customer asks, "What's in the burrito?"
Gaffigan: "Cheese, tortilla, meat or vegetables."
"And what's a quesadilla?"
Gaffigan: "Cheese, tortilla, meat or vegetables."
"How about a tostada?"
Gaffigan: "Cheese, tortilla, meat or vegetables."
These privacy torts are a bit like that: "False statements, injury, malice or intent." Throw defamation in there and you've got a menu.
Wednesday, April 11, 2007
Sign Language
Yesterday I was at school, waiting in the rotunda for class to start. I was listening to my voice mail on my phone, and one of my profs passed by. I'd been emailing with her earlier in the day, and as she passed she gave me a questioning look and mimed writing with a pen. She was asking, "Did you get my email response?" I nodded and gave her a thumbs-up.
This got me thinking about the evolution of sign language. If I'd been trying to convey that message, I would have fluttered my fingers on an air-keyboard.
Another one: If you were driving a car and you wanted directions from someone stopped at a red light, you'd probably make the old roll-down-your-window gesture. This despite the fact that more and more cars have automatic windows. That seems way more effective than trying to mime someone pressing a window button, right? I wonder if someday people will be wildly pin-wheeling their fist at another car and think, "Jesus, where did this come from?"
This got me thinking about the evolution of sign language. If I'd been trying to convey that message, I would have fluttered my fingers on an air-keyboard.
Another one: If you were driving a car and you wanted directions from someone stopped at a red light, you'd probably make the old roll-down-your-window gesture. This despite the fact that more and more cars have automatic windows. That seems way more effective than trying to mime someone pressing a window button, right? I wonder if someday people will be wildly pin-wheeling their fist at another car and think, "Jesus, where did this come from?"
Monday, April 09, 2007
On EMI's Move
EMI, one of the "big four" recording giants will offer its music without DMRs on iTunes. Tracks will cost $1.29.
This is old news by now, but I posted a link to this nice analysis on my Cyberlaw class TWEN, and wanted to share it here too.
This is old news by now, but I posted a link to this nice analysis on my Cyberlaw class TWEN, and wanted to share it here too.
On An Unrelated Note...
I know (and care) almost nothing about theater, but this article by Charles Isherwood about "Grey Gardens" is positively fascinating.
On the way some American Idol losers, for example, are making it big:
"Maybe this new mood enshrining failure as the new success is related to the last decade or so of dissatisfaction with the country’s ostensible political winners, and the policies they’ve pursued. But it surely reflects a population embarking on the new century with a perhaps not unhealthy dent in its self-esteem." I'm thinking of Al Gore...
And:
"Few will leave the theater thinking: Little Edie Beale, c’est moi! But everyone of a certain age (say 30) has probably lived through a few of those startling moments when you take stock of your life as it is and wonder: How did I get here, exactly? When did the curves come that moved me away from one destiny and toward another? I guess it all must have happened during intermission."
On the way some American Idol losers, for example, are making it big:
"Maybe this new mood enshrining failure as the new success is related to the last decade or so of dissatisfaction with the country’s ostensible political winners, and the policies they’ve pursued. But it surely reflects a population embarking on the new century with a perhaps not unhealthy dent in its self-esteem." I'm thinking of Al Gore...
And:
"Few will leave the theater thinking: Little Edie Beale, c’est moi! But everyone of a certain age (say 30) has probably lived through a few of those startling moments when you take stock of your life as it is and wonder: How did I get here, exactly? When did the curves come that moved me away from one destiny and toward another? I guess it all must have happened during intermission."
Sunday, April 08, 2007
Argument Killer
Last night I entered a bar in LA and had taken approximately one sip of my drink before I found myself in the middle of a conversation on illegal file-sharing. Someone mentioned that Columbia University was named the worst movie piracy school - my friend and I looked at each other and winced (we're alums), and that's what started the conversation between the three of us. My man in LA works for a talent agency, the other guy is an actor, and I of course represented the legal element. We all began arguing our respective positions, but surprise, surprise, we suddenly found ourselves in perfect agreement: I said the words "subscription-based model!"
Thursday, April 05, 2007
Enter Conflict
It is with great pleasure that I welcome my friend Conflicts of Law to the world of blogging!
Go on, give him a hit.
Go on, give him a hit.
More On COPA
Just read ACLU v. Gonzales (March 2007), the latest Child Online Protection Act struck down in PA by Judge Reed.
I don't have kids, so I admit my position isn't entirely informed, but this freaks the hell out of me:
"AOL, for example, offers a feature called AOL Guardian, which provides a parent with a report indicating which Web sites a child visited, which sites were blocked, the number of emails and instant messages a child sent, and to whom a child sent email or instant messages. Some of the products, such as Contentwatch's filter, have features that permit parents to monitor their child's Internet activities remotely, for example, while they are at work, and some products even send email alerts to parents when inappropriate material is accessed by a child so that, if a parent so desires, it can supervise their child's Internet activities even when they are not physically with the child."
I agree with Kennedy: "Indeed, perhaps we do the minors of this country harm if First Amendment protections, which they will with age inherit fully, are chipped away in the name of their protection." (Texas v. Johnson, 491 U.S. 397).
They referenced a bunch of the plaintiff websites in the case who have sexually explicit sites. Reading the case online, I had a moment of annoyance: Why didn't Westlaw hyperlink these sites? LOL.
I don't have kids, so I admit my position isn't entirely informed, but this freaks the hell out of me:
"AOL, for example, offers a feature called AOL Guardian, which provides a parent with a report indicating which Web sites a child visited, which sites were blocked, the number of emails and instant messages a child sent, and to whom a child sent email or instant messages. Some of the products, such as Contentwatch's filter, have features that permit parents to monitor their child's Internet activities remotely, for example, while they are at work, and some products even send email alerts to parents when inappropriate material is accessed by a child so that, if a parent so desires, it can supervise their child's Internet activities even when they are not physically with the child."
I agree with Kennedy: "Indeed, perhaps we do the minors of this country harm if First Amendment protections, which they will with age inherit fully, are chipped away in the name of their protection." (Texas v. Johnson, 491 U.S. 397).
They referenced a bunch of the plaintiff websites in the case who have sexually explicit sites. Reading the case online, I had a moment of annoyance: Why didn't Westlaw hyperlink these sites? LOL.
Monday, April 02, 2007
Attacking Iran?
I hate to be a fear monger, but is Gulf War II about to expand?
A Russian news service reported that the US is prepared to launch missiles at Iran:
"Russian intelligence has information that the U.S. Armed Forces stationed in the Persian Gulf have nearly completed preparations for a missile strike against Iranian territory," the source said.
I news-googled "ready to strike Iran," and sources from both Canada and Kazakhstan are reporting it...!
A Russian news service reported that the US is prepared to launch missiles at Iran:
"Russian intelligence has information that the U.S. Armed Forces stationed in the Persian Gulf have nearly completed preparations for a missile strike against Iranian territory," the source said.
I news-googled "ready to strike Iran," and sources from both Canada and Kazakhstan are reporting it...!
Sunday, April 01, 2007
Did You Buy a Sony Triniton Remote...?
An amusing chat on my IM with my friend LawyerLike. Definitely check out his post about it too because he's more witty than me. :) Our Gmail chat was off-record, so the following is from memory.
Background: LawyerLike and I were discussing the major purchases he plans to make once he starts his job. He said he was considering a new TV, particularly because his remote is finicky.
LL: I'll hit a button and it will randomly mute the TV!
Me: Whoa!
Mine does the same thing!
Must be a Sony design flaw.
LL: Sony Triniton??
[I grab my remote.]
Me: LMAO, yes!
LL: Number RM-Y116?
Me: Dead on!
LL: This is crazy!
Me: Are you thinkin what I'm thinkin?
CLASS ACTION
LL: Hahahhah.
The only question is who's going to blog about this first...
In conclusion, if anyone else experiences this muting affect from their Sony Trinitron remote, contact me or LawyerLike for a free consultation on whether you qualify for the class.
UPDATE: LL technically won the race to the blog post.
Background: LawyerLike and I were discussing the major purchases he plans to make once he starts his job. He said he was considering a new TV, particularly because his remote is finicky.
LL: I'll hit a button and it will randomly mute the TV!
Me: Whoa!
Mine does the same thing!
Must be a Sony design flaw.
LL: Sony Triniton??
[I grab my remote.]
Me: LMAO, yes!
LL: Number RM-Y116?
Me: Dead on!
LL: This is crazy!
Me: Are you thinkin what I'm thinkin?
CLASS ACTION
LL: Hahahhah.
The only question is who's going to blog about this first...
In conclusion, if anyone else experiences this muting affect from their Sony Trinitron remote, contact me or LawyerLike for a free consultation on whether you qualify for the class.
UPDATE: LL technically won the race to the blog post.
Friday, March 30, 2007
Geeks
On Wednesday I drove down to Santa Clara U for a Bay Area Blawgers gathering (Eric Goldman's recap here. The group comprised lawyers, law students, guys from Google and Sun Micro, law professors, blawg readers.
One of the themes I saw come up again and again was the power of blogs to connect lawyers to civilians. So many lawyers expressed their pleasure at giving information to people who couldn't afford or couldn't interpret the law themselves.
Humor highlight, for me anyway: A guy from EFF asked the group if anyone had received DMCA take-down requests for content on their site. The guy from Google grinned sheepishly and raised his hand. (Viacom...)
Talking about why he had come to this meeting, an attorney said, "I read a lot of blogs, and I wanted to see what bloggers look like!" Our host responded, "Sorry to disappoint you...."
A few years ago when I started blog-reading, I got so much flack from my friends for the geek-factor. Blogging has definitely become more main stream (MySpace has a blogging function). Nevertheless, when I told a buddy of mine (28 years old) where I was headed, he smirked.
When he saw me on IM a little while later, he wrote, "I thought you were at the geek fest?"
"I am," I replied.
"Of course. On your laptop at the geek fest."
Of course!
One of the themes I saw come up again and again was the power of blogs to connect lawyers to civilians. So many lawyers expressed their pleasure at giving information to people who couldn't afford or couldn't interpret the law themselves.
Humor highlight, for me anyway: A guy from EFF asked the group if anyone had received DMCA take-down requests for content on their site. The guy from Google grinned sheepishly and raised his hand. (Viacom...)
Talking about why he had come to this meeting, an attorney said, "I read a lot of blogs, and I wanted to see what bloggers look like!" Our host responded, "Sorry to disappoint you...."
A few years ago when I started blog-reading, I got so much flack from my friends for the geek-factor. Blogging has definitely become more main stream (MySpace has a blogging function). Nevertheless, when I told a buddy of mine (28 years old) where I was headed, he smirked.
When he saw me on IM a little while later, he wrote, "I thought you were at the geek fest?"
"I am," I replied.
"Of course. On your laptop at the geek fest."
Of course!
Saturday, March 24, 2007
Icecream
Another quote from my fave judge, Judge Kozinski of the 9th Circuit:
"NetGate [an ISP] then took what might be described as the 'Baskin-Robbins' approach to subpoena compliance and offered defendants a 'free sample' consisting of 339 [email] messages." (From Theofel v. Farey-Jones, 359 F.3d 1066.)
Marvelous analogizing.
"NetGate [an ISP] then took what might be described as the 'Baskin-Robbins' approach to subpoena compliance and offered defendants a 'free sample' consisting of 339 [email] messages." (From Theofel v. Farey-Jones, 359 F.3d 1066.)
Marvelous analogizing.
Friday, March 23, 2007
Vanity
Unrelated side note:
The other night as I drove home, I found myself behind a silver Mercedes bearing a vanity plate with "GAVIN" on it. After chasing him a few minutes, I finally pulled up along side. I swear it was Gavin, our Mayor of San Francisco.
I'm trying to determine if Gavin has a vanity plate with his name on it. Who else?
The other night as I drove home, I found myself behind a silver Mercedes bearing a vanity plate with "GAVIN" on it. After chasing him a few minutes, I finally pulled up along side. I swear it was Gavin, our Mayor of San Francisco.
I'm trying to determine if Gavin has a vanity plate with his name on it. Who else?
FalseyTake-Down Requests
Last night I went to a bar where EFF's client Jeff Diehl threw a party. (They achieved an embarrassingly successful settlement against a man who filed fake DMCA take-down requests against Diehl's website. Full release here.)
I didn't see the whole event, but I did witness an extremely odd performance by a guy sporting what he dubbed a "thimbletron." Gloves with thimbles on the tips of his fingers - touching his be-thimbled thumb to another finger altered, stopped, or started a music soundtrack. (I overheard someone say, "This guy will probably be an EFF client soon.")
In other news, EFF is also suing Viacom on behalf of MoveOn.org and Brave New Films. Viacom filed a take-down against a film spoof on GooTube. EFF argues the film is a fair use parody of the Colbert Report.
I didn't see the whole event, but I did witness an extremely odd performance by a guy sporting what he dubbed a "thimbletron." Gloves with thimbles on the tips of his fingers - touching his be-thimbled thumb to another finger altered, stopped, or started a music soundtrack. (I overheard someone say, "This guy will probably be an EFF client soon.")
In other news, EFF is also suing Viacom on behalf of MoveOn.org and Brave New Films. Viacom filed a take-down against a film spoof on GooTube. EFF argues the film is a fair use parody of the Colbert Report.
Tuesday, March 20, 2007
Offer
I accept!
I got an offer from the organization I want to work for. I'm effing thrilled. Elated. All that. Went and celebrated with my mentor from San Jose. He's been great...connecting me to people, inviting me to big firm events like Tuesday night in Palo Alto. But whatever about all that - he believed in me. That was enough. That was what I needed. My boy in LA, he believed in me too. Gave me the confidence to go into this interview with the right attitude. Believing in myself, knowing I am exactly the kind of student who should be working at a place like this. My mind so in line with their mission, lacking only the refinement of experience.
Obviously it's unpaid (all the good internships are)...anybody have any funding ideas? I checked PSLawNet, but the only applicable grants deadlined earlier this month.
I got an offer from the organization I want to work for. I'm effing thrilled. Elated. All that. Went and celebrated with my mentor from San Jose. He's been great...connecting me to people, inviting me to big firm events like Tuesday night in Palo Alto. But whatever about all that - he believed in me. That was enough. That was what I needed. My boy in LA, he believed in me too. Gave me the confidence to go into this interview with the right attitude. Believing in myself, knowing I am exactly the kind of student who should be working at a place like this. My mind so in line with their mission, lacking only the refinement of experience.
Obviously it's unpaid (all the good internships are)...anybody have any funding ideas? I checked PSLawNet, but the only applicable grants deadlined earlier this month.
Monday, March 19, 2007
Right Side of Everything IP
I had a big interview today for a rad nonprofit that I won't name for fear of...jinxing myself. This entity litigates on the right side of everything IP. It went well; I'd heard horror stories from 2 friends who interviewed there. They did sit me in a room with two attorneys and ask me issue questions, but I wasn't intimidated because I'm half-drowning in the issue. Yeah, you guessed it: I dropped that I'm writing a paper on Grokster and the convo went smoothly from there. At the start I felt a little nervous. When one attorney innocently asked me what I thought about Grokster, I launched into a discussion on the impact of inducement on contributory and vicarious liability as causes of action, thick with "substantial noninfringing use."
I told them honestly that I have a few more interviews in the next two weeks, but that I wanted to work for them the most. They'll let me know in a week.
Oh, and the kicker is that rumor has it they've never hired a legal intern from my school before.
I told them honestly that I have a few more interviews in the next two weeks, but that I wanted to work for them the most. They'll let me know in a week.
Oh, and the kicker is that rumor has it they've never hired a legal intern from my school before.
Saturday, March 17, 2007
Light Bulb
It's Saturday night, I know. But I'm working on the 25-page paper on Grokster (gotta present on it on Tuesday). Luckily I checked EFF's site (the Electronic Frontier Foundation) and felt relief that someone has completely solved the P2P file-sharing problem. Eventually I will recover from the marvelousness of it and try to pick out some flaws, but for now I'm blinded by the light:
Charge people $5 a month to download as much DRM-free music as they want, using any P2P apps or websites they want. EFF suggests that broadband providers could tack the $5 onto monthly payments. As long as the price is low, people will pay for the peace of mind and convenience. They note that the film industry first sold VHS movies for $90 until learning that a lower price cuts down on piracy. The juicy details: Voluntary Collective Licensing.
Five dollars looks right too, considering that Peter Jenner said $50 per year is "how much each music fan who buys music would have to pay in order for access to every song ever recorded while maintaining or increasing music sales." Full entry from Wired. I wonder how much I spend on iTunes a month...
Couldn't the film industry do the same thing? $10 a month... Software? $15 a month... Full text books online? $20 a month... A class-based online world, where only the wealthy can afford total information access? As long as you can pick-n-choose your services, or choose to pay for a single product, the price would remain reasonable. People could still burn CDs, but I think the convenience might outweigh it. Anything's better than what copyright holders are getting now, right?
Thoughts on this? What would the collective licensing future look like?
Charge people $5 a month to download as much DRM-free music as they want, using any P2P apps or websites they want. EFF suggests that broadband providers could tack the $5 onto monthly payments. As long as the price is low, people will pay for the peace of mind and convenience. They note that the film industry first sold VHS movies for $90 until learning that a lower price cuts down on piracy. The juicy details: Voluntary Collective Licensing.
Five dollars looks right too, considering that Peter Jenner said $50 per year is "how much each music fan who buys music would have to pay in order for access to every song ever recorded while maintaining or increasing music sales." Full entry from Wired. I wonder how much I spend on iTunes a month...
Couldn't the film industry do the same thing? $10 a month... Software? $15 a month... Full text books online? $20 a month... A class-based online world, where only the wealthy can afford total information access? As long as you can pick-n-choose your services, or choose to pay for a single product, the price would remain reasonable. People could still burn CDs, but I think the convenience might outweigh it. Anything's better than what copyright holders are getting now, right?
Thoughts on this? What would the collective licensing future look like?
Two Bites
Lessig in his NY Times op-ed on the YouTube suit:
"The Grokster case thus sent a clear message to lawyers everywhere: You get two bites at the copyright policy-making apple, one in Congress and one in the courts. But in Congress, you need hundreds of votes. In the courts, you need just five."
Full Article
"The Grokster case thus sent a clear message to lawyers everywhere: You get two bites at the copyright policy-making apple, one in Congress and one in the courts. But in Congress, you need hundreds of votes. In the courts, you need just five."
Full Article
Friday, March 16, 2007
Jolly Green Giant
The defendant was a respected scientist who convinced his doctor that he needed 10's of thousands of controlled substances for his "experiments." He said he planned to inject the substances into vegetables so the greens would be relaxed, and absorb more nutrients. From Judge Easterbrook of the 7th Circuit:
"[The scientist] says the vegetables took their medicine. The US Attorney believes that the drugs were sold on the black market and turned at least one person into a vegetable."
(The court found prior bad acts - drug dealing - inadmissible because of the prejudicial effect.)
US v. Beasley, 809 F2d 1273 (7th Cir. 1987).
"[The scientist] says the vegetables took their medicine. The US Attorney believes that the drugs were sold on the black market and turned at least one person into a vegetable."
(The court found prior bad acts - drug dealing - inadmissible because of the prejudicial effect.)
US v. Beasley, 809 F2d 1273 (7th Cir. 1987).
Thursday, March 15, 2007
Viacom v. YouTube! Viacom v. YouTube!
There's this excited uproar in all my classes (vast majority being IP courses) about Viacom suing YouTube. In Copyright, my prof read from Viacom's complaint, and I confess I was squirming and sputtering in my seat with responses. I'm writing my paper on the inducement theory after Grokster, as I mentioned, and this is awesomely exciting because I know what they're talking about. (Imagine that.) And to see how the DMCA performs! So exciting. My prof represents Metallica, which is all the information you need to know her position.
"How many of you think Viacom should win this suit?" She asked our class of about 35 kids.
Not one person raised their hand.
I concede it wasn't an entirely reliable survey. Copyright is a three hour class, on Thursday night, and it was almost 9 PM. While a lot of us agreed that the DMCA safe harbor should protect YouTube, I think the rest just love their YouTube. Outcome-determinative.
"How many of you think Viacom should win this suit?" She asked our class of about 35 kids.
Not one person raised their hand.
I concede it wasn't an entirely reliable survey. Copyright is a three hour class, on Thursday night, and it was almost 9 PM. While a lot of us agreed that the DMCA safe harbor should protect YouTube, I think the rest just love their YouTube. Outcome-determinative.
Sunday, March 11, 2007
Evidence on the Beach
Reading week prequel - I mean Spring break officially ended, and the weather was phenomenal today for the occasion. Being able to walk around outside in San Francisco in a tank-top is rare indeed.
I biked down to Ocean Beach and - yes, I defy the nature of law - I studied my Evidence outline. (::nod:: to Lawyerlike). For a minute there I even understood the difference between Admissions and Declarations Against Interest. Declarations are when the party actually says it, and Admissions are when they adopt a belief in the statement? Damn, almost had it.
The job search continues, and my leads are solidifying. I could tell you about them, but I'd have to kill you. Let me just say I'm pursuing an internship with a woman who once represented the estate of Jimi Hendrix. Nuff said, right?
I've written 12 pages of my research paper; and you can see my blood in the lines of type to prove it. I need 25 pages. I'm irked that we have to use endnotes, instead of footnotes, and that the endnote pages don't count towards the 25 pages. Brutal! I'm writing about the post-Grokster world of P2P file-sharing applications (using a theory of inducement to find secondary copyright infringement). Insights welcome.
I biked down to Ocean Beach and - yes, I defy the nature of law - I studied my Evidence outline. (::nod:: to Lawyerlike). For a minute there I even understood the difference between Admissions and Declarations Against Interest. Declarations are when the party actually says it, and Admissions are when they adopt a belief in the statement? Damn, almost had it.
The job search continues, and my leads are solidifying. I could tell you about them, but I'd have to kill you. Let me just say I'm pursuing an internship with a woman who once represented the estate of Jimi Hendrix. Nuff said, right?
I've written 12 pages of my research paper; and you can see my blood in the lines of type to prove it. I need 25 pages. I'm irked that we have to use endnotes, instead of footnotes, and that the endnote pages don't count towards the 25 pages. Brutal! I'm writing about the post-Grokster world of P2P file-sharing applications (using a theory of inducement to find secondary copyright infringement). Insights welcome.
Monday, March 05, 2007
Spring "Break"
This whole Spring Break thing is such a farce. It's not a break, it's a chance to catch up on your reading and find a job. I don't know any fellow law student actually going on vacation. In fact, today is the first Monday of our break week, and two of my friends have already confessed to spending the day in the library.
It's a law of nature that you can't get any work done at the beach. I've been poolside in LA, but I too have been doing school work. (Research for a paper.) Admittedly interspersed with 1) sending a slightly-obnoxious, don't-you-wish-you-were-here webcam photo (see above) to a Canadian blawg buddy, 2) working, successfully, on my first burn of the season, and 3) fighting with a 5 Mbps wireless connection snagged from the neighbors.
I'm heading back to the Bay Area tomorrow before I become persuaded that I'm on vacation.
It's a law of nature that you can't get any work done at the beach. I've been poolside in LA, but I too have been doing school work. (Research for a paper.) Admittedly interspersed with 1) sending a slightly-obnoxious, don't-you-wish-you-were-here webcam photo (see above) to a Canadian blawg buddy, 2) working, successfully, on my first burn of the season, and 3) fighting with a 5 Mbps wireless connection snagged from the neighbors.
I'm heading back to the Bay Area tomorrow before I become persuaded that I'm on vacation.
Cute
Error message courtesy of Google's PicasaWeb:
"The item you have requested has been misplaced. Please check your internet connection, cross your fingers, and try again."
"The item you have requested has been misplaced. Please check your internet connection, cross your fingers, and try again."
Wednesday, February 28, 2007
Peddlers
According to a Federal Evidence Rule hearsay exception (FRE 803(8)), police investigatory reports cannot be admitted for use against a defendant in a criminal trial. Basically, it would be bad if the prosecutors could rely solely on a report by a cop who isn't even in court to convict someone. (And 6th Amendment right to confront your accuser.)
My Evidence prof picked through the policy reasons on this by playing devil's advocate. In the case at hand, a defendant was prosecuted for selling heroin. My prof suggested that it might be better for a cop to avoid testifying on the stand because a defendant has a motive to off the cop. To tease this out of us, he asked us:
"Are dope dealers just friendly peddlers of pleasure?"
[Laughter from the class.]
"Or are they like Like Westlaw and Lexis, handing out free samples to law students so that you’re hooked forever?"
My Evidence prof picked through the policy reasons on this by playing devil's advocate. In the case at hand, a defendant was prosecuted for selling heroin. My prof suggested that it might be better for a cop to avoid testifying on the stand because a defendant has a motive to off the cop. To tease this out of us, he asked us:
"Are dope dealers just friendly peddlers of pleasure?"
[Laughter from the class.]
"Or are they like Like Westlaw and Lexis, handing out free samples to law students so that you’re hooked forever?"
Sunday, February 25, 2007
Little Ironic Email From the Registrar
Subject: Class Cancellation
The NUTRITION 101 CLASS scheduled for Thursday, February 22, 2007 at 12:30p.m. in CPS 321 with Registered Dietician [Jane Doe] has been CANCELLED due to illness. [Jane] will be at [my school] as scheduled next week on March 1 presenting the scheduled class, ESSENTIAL MICRO-NUTRIENTS AT 12:30 p.m.
Happens to the best of us...
The NUTRITION 101 CLASS scheduled for Thursday, February 22, 2007 at 12:30p.m. in CPS 321 with Registered Dietician [Jane Doe] has been CANCELLED due to illness. [Jane] will be at [my school] as scheduled next week on March 1 presenting the scheduled class, ESSENTIAL MICRO-NUTRIENTS AT 12:30 p.m.
Happens to the best of us...
Thursday, February 22, 2007
Sandbox Speech
I dig this line from Bolger v. Youngs Drug Products Corp. (463 US 60) on why free speech needs breathing room:
"Regardless of the strength of the government's interest in protecting children, the level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox."
"Regardless of the strength of the government's interest in protecting children, the level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox."
Thursday, February 15, 2007
Penal Eyes
Privacy and First Amendment rights claimed a victory today when a NY federal judge ruled that the police have to stop the routine videotaping of people at public gatherings unless there's an indication that unlawful activity may occur.
Judge Restricts NY Police Surveillance
Judge Restricts NY Police Surveillance
Wednesday, February 14, 2007
From Another World
From my Copyright text, a little jab at California:
"The facts of the Oliver case are odd, even for California. The defendant was permitted to appropriate material from a copyrighted work because it had been represented by the plaintiff as the revelations of a deceased entity from another world." (41 F.Supp. 296).
You can't copyright facts or historical interpretations. Apparently because this was presented as factual material, it couldn't be copyrighted. You can't claim authorship in material represented as fact, even if a reasonable person wouldn't believe it.
"The facts of the Oliver case are odd, even for California. The defendant was permitted to appropriate material from a copyrighted work because it had been represented by the plaintiff as the revelations of a deceased entity from another world." (41 F.Supp. 296).
You can't copyright facts or historical interpretations. Apparently because this was presented as factual material, it couldn't be copyrighted. You can't claim authorship in material represented as fact, even if a reasonable person wouldn't believe it.
Tuesday, February 13, 2007
Jobbing
I've slipped into the job search. I wanted to say "launched," that I've launched myself into the job search, but that wouldn't be accurate.
The other day my comrade's girlfriend (a civilian) asked about our job search efforts generally: me and other people. I confess to feeling a little taken aback by the question. I told her I have a few leads, but that I didn't know how other people's efforts were going. That's another thing we don't talk about. First and foremost, you don't want to provoke a job search panic attack in someone who hasn't been job searching. Secondly, people guard their leads jealously and probably aren't going to be forthright. Finally, if the person has started his/her job search, but hasn't gotten anything, it's like asking what grade someone got when they C'd the course.
Well, whatever the reasons, it rarely comes up. Only when someone gets a bite does it slip into conversation.
The other day my comrade's girlfriend (a civilian) asked about our job search efforts generally: me and other people. I confess to feeling a little taken aback by the question. I told her I have a few leads, but that I didn't know how other people's efforts were going. That's another thing we don't talk about. First and foremost, you don't want to provoke a job search panic attack in someone who hasn't been job searching. Secondly, people guard their leads jealously and probably aren't going to be forthright. Finally, if the person has started his/her job search, but hasn't gotten anything, it's like asking what grade someone got when they C'd the course.
Well, whatever the reasons, it rarely comes up. Only when someone gets a bite does it slip into conversation.
Sunday, February 11, 2007
Read Between the Lines
Some interesting and highly disturbing facts about books:
Startling Stats
1/3 of high school graduates never read another book for the rest of their lives.
42 percent of college graduates never read another book after college.
80 percent of U.S. families did not buy or read a book last year.
70 percent of U.S. adults have not been in a bookstore in the last five years.
57 percent of new books are not read to completion.
70 percent of books published do not earn back their advance.
70 percent of the books published do not make a profit.
(Source: Jerold Jenkins, http://www.JenkinsGroupInc.com)
Startling Stats
1/3 of high school graduates never read another book for the rest of their lives.
42 percent of college graduates never read another book after college.
80 percent of U.S. families did not buy or read a book last year.
70 percent of U.S. adults have not been in a bookstore in the last five years.
57 percent of new books are not read to completion.
70 percent of books published do not earn back their advance.
70 percent of the books published do not make a profit.
(Source: Jerold Jenkins, http://www.JenkinsGroupInc.com)
Saturday, February 10, 2007
Here's to Clueless Lawyers
I want to reproduce part of an email from one of my blog readers who's an attorney. I hope he doesn't mind, because his story made me feel better, even inspired, about my own legal future. Maybe it'll make you feel better too. (If he's troubled by my quoting, he can opt out by emailing me and I'll take it down. ::grin:: )
"I went to law school at _________ in the evening program (4 years - ugh), while I was working full time during the day negotiating contracts with the government at a company called ______. They paid my tuition, which was nice.
After law school I couldn't get any decent law firm to give me the time of day (which I guess was a good thing, in retrospect), so I did what any clueless lawyer would do - I opened my own practice. Someone once said that I specialized in "door law" - in other words, I took any case that came through the door. Some of the cases involved litigation, which seemed to take forever to get resolved, and that doesn't fit well with my personality. I guess I just like closure...but litigation was good when it came to billing.
Anyway, after four years of that, I decided to go "in-house" at a high-tech company here in _______ and I've been doing that (more or less) ever since. After one of my companies was acquired, I took a year and a half off to work at [a university], but that's another story (huge mistake!). Now I have a handful of clients that I work for as GC, either as an employee or as outside counsel. Definitely not your average career path."
"I went to law school at _________ in the evening program (4 years - ugh), while I was working full time during the day negotiating contracts with the government at a company called ______. They paid my tuition, which was nice.
After law school I couldn't get any decent law firm to give me the time of day (which I guess was a good thing, in retrospect), so I did what any clueless lawyer would do - I opened my own practice. Someone once said that I specialized in "door law" - in other words, I took any case that came through the door. Some of the cases involved litigation, which seemed to take forever to get resolved, and that doesn't fit well with my personality. I guess I just like closure...but litigation was good when it came to billing.
Anyway, after four years of that, I decided to go "in-house" at a high-tech company here in _______ and I've been doing that (more or less) ever since. After one of my companies was acquired, I took a year and a half off to work at [a university], but that's another story (huge mistake!). Now I have a handful of clients that I work for as GC, either as an employee or as outside counsel. Definitely not your average career path."
Wednesday, February 07, 2007
Misdemeaned
I have to relate the hilarious story of a friend of mine, S. On S's Myspace page, he naturally lists that he's a law student. The other day he received a message from a random girl requesting some legal advice. Apparently a friend of her's had been caught by the police masturbating in his car. She wanted to know what kind of punishment he could expect. (Weirdest pick-up line ever, I said, but hey, that's Myspace for you.) S, rainmaker-in-training that he is, couldn't resist looking it up for her. Here's his response:
"I'm not a criminal lawyer, but if your friend is charged, it'll likely be for violating Calif. Penal Code section 314, which for a first time offender is a misdemeanor. Those found guilty of this misdemeanor face maximum punishment of 90 days in jail and/or a $1,000 fine. Without knowing more of the facts, I would guess that your friend 'gets off' with a fine."
"I'm not a criminal lawyer, but if your friend is charged, it'll likely be for violating Calif. Penal Code section 314, which for a first time offender is a misdemeanor. Those found guilty of this misdemeanor face maximum punishment of 90 days in jail and/or a $1,000 fine. Without knowing more of the facts, I would guess that your friend 'gets off' with a fine."
Fever
I spent the weekend struggling with the flu, and with guilt. The flu hit me in the form of a fever, and the agony of it really came as a surprise, since I haven't had the flu or a fever since I was about 8 years old. The guilt resulted from passing this awfulness on to at least three (the fourth I'm denying) of my friends. Once the fever hit me I didn't make it out of bed, but the 24 hours before are apparently very infectious.
You can check out how bad the flu hits your zip code here. The flu severity in my area currently rates "high," and naturally my ill friends had an idea who was to blame for the local epidemic.
How does the flu affect my legal studies? Not well, in general, with one exception. I worked a few hypos in Evidence, and by god they were crystal-f*cking-clear. Seriously. That's how I wanna take my Evidence final: in the elevated delirium of a fever.
On second thought, I take that back. Who wants to test fate?
You can check out how bad the flu hits your zip code here. The flu severity in my area currently rates "high," and naturally my ill friends had an idea who was to blame for the local epidemic.
How does the flu affect my legal studies? Not well, in general, with one exception. I worked a few hypos in Evidence, and by god they were crystal-f*cking-clear. Seriously. That's how I wanna take my Evidence final: in the elevated delirium of a fever.
On second thought, I take that back. Who wants to test fate?
Friday, February 02, 2007
Mr. Blobby
Amusing submission from blawger comrade Shane in Seattle:
During International Intellectual Property Law we read the following
case while studying National Treatment and Most Favored Nation. The
plaintiff appeals the dismissal of his complaint based on the doctrine
of forum non conveniens. However, the interesting aspect of this case
revolves around a costume, named Mr. Blobby, which obtained character
status due to popularity, and produced the following quotes:
"The central issue in dispute concerns the circumstances surrounding
the creation of Mr. Blobby."
* * *
"There is … no American policy regarding contingent fees that weighs
in favor of resolving the underlying dispute over the rights to Mr.
Blobby in an American court."
Murray v. British Broadcasting Corp. (BBC), 81 F.3d 287 (2d Cir.1996)
Click the link for a glimpse of this strange creature.
Thanks Shane!
During International Intellectual Property Law we read the following
case while studying National Treatment and Most Favored Nation. The
plaintiff appeals the dismissal of his complaint based on the doctrine
of forum non conveniens. However, the interesting aspect of this case
revolves around a costume, named Mr. Blobby, which obtained character
status due to popularity, and produced the following quotes:
"The central issue in dispute concerns the circumstances surrounding
the creation of Mr. Blobby."
* * *
"There is … no American policy regarding contingent fees that weighs
in favor of resolving the underlying dispute over the rights to Mr.
Blobby in an American court."
Murray v. British Broadcasting Corp. (BBC), 81 F.3d 287 (2d Cir.1996)
Click the link for a glimpse of this strange creature.
Thanks Shane!
Commerce Clause and Cooking
A friend of mine is a fabulous cook. After he cooked me dinner one night:
Me: You know you'll never taste my cooking.
S: Why not?
Me: I don't wanna look bad compared to you.
S: Come on...
Me: I think you've field-preempted me. Like the Federal government and immigration.
Me: You know you'll never taste my cooking.
S: Why not?
Me: I don't wanna look bad compared to you.
S: Come on...
Me: I think you've field-preempted me. Like the Federal government and immigration.
Thursday, February 01, 2007
IP IM
Today in one of my IP courses, me and a classmate assuaged the boredom by IM'ing on Gmail. Nevertheless, the content of our conversation didn't wander far:
[On a case about the copyrightability of a lamp post]
J: its ugly, does that count for anything?
me: lol
it's ugly, nobody would copy it.
J: that should go to access - if they saw it, they would know a copy would turn out so damn ugly, so they probably wouldn't have made it
me: LOL
"your honor, it's clearly not substantially similar. my client's product isn't ugly."
J: haha
me: hahah
J: i'm definitely using that if i ever have to litigate a copyright case
me: awesome. we'll call it a joint work ;)
J: its yours - i'll license it from you though
me: no way. it was a derivative of your access theory
J: we are learning!
[On a case about the copyrightability of a lamp post]
J: its ugly, does that count for anything?
me: lol
it's ugly, nobody would copy it.
J: that should go to access - if they saw it, they would know a copy would turn out so damn ugly, so they probably wouldn't have made it
me: LOL
"your honor, it's clearly not substantially similar. my client's product isn't ugly."
J: haha
me: hahah
J: i'm definitely using that if i ever have to litigate a copyright case
me: awesome. we'll call it a joint work ;)
J: its yours - i'll license it from you though
me: no way. it was a derivative of your access theory
J: we are learning!
Tuesday, January 30, 2007
Monday, January 29, 2007
The Parties Are Advised...
Remember that song "Barbie Girl" by Aqua? Matel sued them. Following the more relevant issues of trademark dilution, Judge Kozinski's concluding passage (the last line in particular) got a grin out of me:
After Mattel filed suit, Mattel and MCA employees traded barbs in the press. When an MCA spokeswoman noted that each album included a disclaimer saying that Barbie Girl was a "social commentary [that was] not created or approved by the makers of the doll," a Mattel representative responded by saying, "That's unacceptable.... It's akin to a bank robber handing a note of apology to a teller during a heist. [It n]either diminishes the severity of the crime, nor does it make it legal." He later characterized the song as a "theft" of "another company's property."
MCA filed a counterclaim for defamation based on the Mattel representative's use of the words "bank robber," "heist," "crime" and "theft." But all of these are variants of the invective most often hurled at accused infringers, namely "piracy." No one hearing this accusation understands intellectual property owners to be saying that infringers are nautical cutthroats with eyepatches and peg legs who board galleons to plunder cargo. In context, all these terms are nonactionable "rhetorical hyperbole." The parties are advised to chill.
Mattel, Inc. v. MCA Records, Inc. 296 F.3d 894, 9th Circuit, 2002.
After Mattel filed suit, Mattel and MCA employees traded barbs in the press. When an MCA spokeswoman noted that each album included a disclaimer saying that Barbie Girl was a "social commentary [that was] not created or approved by the makers of the doll," a Mattel representative responded by saying, "That's unacceptable.... It's akin to a bank robber handing a note of apology to a teller during a heist. [It n]either diminishes the severity of the crime, nor does it make it legal." He later characterized the song as a "theft" of "another company's property."
MCA filed a counterclaim for defamation based on the Mattel representative's use of the words "bank robber," "heist," "crime" and "theft." But all of these are variants of the invective most often hurled at accused infringers, namely "piracy." No one hearing this accusation understands intellectual property owners to be saying that infringers are nautical cutthroats with eyepatches and peg legs who board galleons to plunder cargo. In context, all these terms are nonactionable "rhetorical hyperbole." The parties are advised to chill.
Mattel, Inc. v. MCA Records, Inc. 296 F.3d 894, 9th Circuit, 2002.
Saturday, January 27, 2007
Spidey
My Entertainment prof had a friend who defended Sony in the Sherwood 48 v Sony case (213 F Supp 2d 376). Sherwood sued Sony because Sony digitally altered the exterior of several buildings in Times Square for the Spiderman movie. The plaintiff was pissed off about it because the exterior of the buildings had advertisements on them - paid ads. Sony digitally changed the ads.
My prof quoted an amusing line from his friend during the trial:
“[The plaintiffs are] worried that the buildings and the billboards aren’t real. But judge, we’ve go news for them: Spiderman isn’t real either."
Sony won.
My prof quoted an amusing line from his friend during the trial:
“[The plaintiffs are] worried that the buildings and the billboards aren’t real. But judge, we’ve go news for them: Spiderman isn’t real either."
Sony won.
Friday, January 26, 2007
Like a Native
Last night in Copyright class it was getting late, and we were all tired, and no one would raise their hand to talk about the Feist case. So I raise my hand because this was probably the third time I'd studied the damn Feist case (established the rule for copyrighting compilations of facts - the telephone book case). I tell my prof about the facts, the issue, the reasoning. And then she asked me a question, I can't remember what it was about, and I thought a second and then responded. And she looked at me a second and said, "You sound like a defense lawyer." She said it with a wry smile, but I was thrilled!
It reminds me of when I spent a summer in Mexico City. Towards the end of my stay I was arguing amiably about something with a Mexican friend over lunch, and after a stream of speech on my end, he looked at me and said in amazement (in Spanish), "You just sounded exactly like a native speaker."
It reminds me of when I spent a summer in Mexico City. Towards the end of my stay I was arguing amiably about something with a Mexican friend over lunch, and after a stream of speech on my end, he looked at me and said in amazement (in Spanish), "You just sounded exactly like a native speaker."
Tuesday, January 23, 2007
Welcome
I'm taking a seminar course on IP, and our prof is an older guy who had worked his entire life at a fairly prestigious firm in the Bay Area. The class is limited, which means only 20 kids can take it. One kid was an extra, but he stuck around for the first few weeks to see if he could get into the class anyway. Apparently my prof convinced the registrar to let him in.
After class today, he said, "Also, I spoke to the registrar and I'd like to officially welcome Mr. [Doe] to the firm."
A burst of laughter from us, and someone quips, "Lucky!"
My prof: "Ah, I mean, to the class."
After class today, he said, "Also, I spoke to the registrar and I'd like to officially welcome Mr. [Doe] to the firm."
A burst of laughter from us, and someone quips, "Lucky!"
My prof: "Ah, I mean, to the class."
Monday, January 22, 2007
Puffery
Love this:
"Literally false statements are distinguishable from puffery, which the Eighth Circuit has defined as 'exaggerated advertising, blustering, and boasting upon which no reasonable buyer would rely and is not actionable' under the Lanham Act...Such non-acitonable puffery includes representations of product superiority that are vague or highly subjective." (Solvay Pharmaceuticals v. Global Pharmaceuticals, 419 F. Supp. 2d 1133).
I never knew puffery was a legal term. They don't even couch it in quotes. Rad.
"Literally false statements are distinguishable from puffery, which the Eighth Circuit has defined as 'exaggerated advertising, blustering, and boasting upon which no reasonable buyer would rely and is not actionable' under the Lanham Act...Such non-acitonable puffery includes representations of product superiority that are vague or highly subjective." (Solvay Pharmaceuticals v. Global Pharmaceuticals, 419 F. Supp. 2d 1133).
I never knew puffery was a legal term. They don't even couch it in quotes. Rad.
Friday, January 19, 2007
Bowling, Anyone?
My Cyberlaw book on why geographic communities are more meaningful to people than other types of communities:
"It would be difficult to deny that national loyalty has great power for many people. After all, people are far more willing to die for their country than, say, for their bowling league."
"It would be difficult to deny that national loyalty has great power for many people. After all, people are far more willing to die for their country than, say, for their bowling league."
UCE
Along the lines of calling my internet law class "Cyberspace Law," the courts demonstrate the origins of this archaic and downright silly terminology.
Washington v. Heckel, a case from Oregon in 2001 (2001!) refers to "unsolicited commercial e-mail." Instead of writing "spam," they refer consistently throughout the case to "UCE." Craziness.
In a related vein, I'm on a mission to drop the hyphen from "e-mail." It's unnecessary and wasteful. "Email" is universally recognized, and smoother on the typing fingers.
Washington v. Heckel, a case from Oregon in 2001 (2001!) refers to "unsolicited commercial e-mail." Instead of writing "spam," they refer consistently throughout the case to "UCE." Craziness.
In a related vein, I'm on a mission to drop the hyphen from "e-mail." It's unnecessary and wasteful. "Email" is universally recognized, and smoother on the typing fingers.
Thursday, January 18, 2007
Turn on, Tune in...
My girl dropped out. I'm shaken by it, I can't lie. After getting herself off academic probation, she decided to take a leave of absence, giving her the opportunity to return.
I hope she returns.
She said she knew she didn't want to be a lawyer, and that she didn't want to invest more money into something she wasn't interested in. But she was halfway through...and a JD can't hurt you...
She got engaged a few weeks ago. The timing is regrettable because of the inferences. She says no correlation exists, but again, the timing is regrettable. She says the reason she stayed with it so long was fear of what other people would think, and I know exactly what she means. And she says she can't worry now what other people think, and that is so true.
I do admire her courage...she felt it wasn't right and had the balls to act on it. But what if the easy thing to do is to drop out? Wouldn't it then take more courage to stay the course?
I always lack the courage to deviate. I stay where I am no matter how unhappy I am. I see that as weakness, but I guess it's a type of strength too. But it means I can be unhappy for long periods of time, and that's a terrible way to live. Life's too short; I'm glad she had the courage to pursue her own happiness.
But I hope she returns.
I hope she returns.
She said she knew she didn't want to be a lawyer, and that she didn't want to invest more money into something she wasn't interested in. But she was halfway through...and a JD can't hurt you...
She got engaged a few weeks ago. The timing is regrettable because of the inferences. She says no correlation exists, but again, the timing is regrettable. She says the reason she stayed with it so long was fear of what other people would think, and I know exactly what she means. And she says she can't worry now what other people think, and that is so true.
I do admire her courage...she felt it wasn't right and had the balls to act on it. But what if the easy thing to do is to drop out? Wouldn't it then take more courage to stay the course?
I always lack the courage to deviate. I stay where I am no matter how unhappy I am. I see that as weakness, but I guess it's a type of strength too. But it means I can be unhappy for long periods of time, and that's a terrible way to live. Life's too short; I'm glad she had the courage to pursue her own happiness.
But I hope she returns.
Wednesday, January 17, 2007
Outside the Web (wink)
I should mention that I met F2F with a fellow blawger, Otherwise Occupied. We ended up in Cyberspace Law together, which is a tidy irony.
Thursday, January 11, 2007
Prison
Got all my grades back, finally, after a week in classes. I am pleased! What a strange feeling. First time I've been happy about all my grades in law school. It's a different set of emotions going into the new semester, too. Instead of thinking, "I've got to do better," I'm thinking, "I just can't do worse!"
I was explaining to a [civilian] friend about grade conversations with schoolmates: you never ask someone, "What'd you get?" You ask, "How'd you do?" Like it's a faux pas to ask what grade they got directly. You have to feel it out first, give them the option of saying, "Eh, I did alright."
He responded, "Oh, I get it. It's like prison. You never ask, 'What're you in for?'"
I was explaining to a [civilian] friend about grade conversations with schoolmates: you never ask someone, "What'd you get?" You ask, "How'd you do?" Like it's a faux pas to ask what grade they got directly. You have to feel it out first, give them the option of saying, "Eh, I did alright."
He responded, "Oh, I get it. It's like prison. You never ask, 'What're you in for?'"
Wednesday, January 10, 2007
Cyberspace
My first day of classes included Cyberspace Law with one of my favorite profs. (A friend of mine always shakes his head when I mention this class: "'Cyberspace' is like 'the Information Superhighway;' who says that anymore?!").
Obviously the famous Stanford law prof Lawrence Lessig came up a lot in our class discussions. I told my story of Lessig: A friend of mine Troubles in Paradox got us invited to the 4th birthday party of Creative Commons (Lessig's new-age copyright brain child). We were very excited because we thought Lessig was scheduled to speak at the party. Instead, he appeared as his online avatar from Second Life on a projected computer screen. Disappointing.
Anyway, my prof joked about Lessig's rise from a "boring law professor from Standford" into Coolness: "He grew a little goatee and started wearing black!"
Obviously the famous Stanford law prof Lawrence Lessig came up a lot in our class discussions. I told my story of Lessig: A friend of mine Troubles in Paradox got us invited to the 4th birthday party of Creative Commons (Lessig's new-age copyright brain child). We were very excited because we thought Lessig was scheduled to speak at the party. Instead, he appeared as his online avatar from Second Life on a projected computer screen. Disappointing.
Anyway, my prof joked about Lessig's rise from a "boring law professor from Standford" into Coolness: "He grew a little goatee and started wearing black!"
Thursday, January 04, 2007
Cheers
Grades are trickling in. God I'm terrified. I did get one back (Wills and Trusts), and it was good! My best law school grade so far. And I did feel good about that exam. But somehow that only increases the fear, because I'll be that much more disappointed when/if the rest of my grades don't live up. You see how I constantly keep myself from getting hopeful? Ah, the torture that law school renders on one's psyche.
Everyone I talk/IM with is immediately like, "Get any grades back?" And then we report back as each one comes in. Checking the grade post obsessively, fearfully.
I took my friendly commenter's advice and got myself a bottle of cheap wine. Cheers!
Everyone I talk/IM with is immediately like, "Get any grades back?" And then we report back as each one comes in. Checking the grade post obsessively, fearfully.
I took my friendly commenter's advice and got myself a bottle of cheap wine. Cheers!
Wednesday, January 03, 2007
Lawyer-Agent
Excerpt from an article (by Stephen Galloway) on the transition of lawyers into the film agency business:
"A lot of people in law school tend to be a bit detached, and that doesn't necessarily serve a talent agent very well," Giordano acknowledges. "As an agent, you have to be there for your clients at all times and you have to be supportive, and a legal background doesn't teach you that."
Tenzer goes further, saying that being an attorney can bring its own negative baggage.
"The legal training will never be a disadvantage," he says. "But one of the things people need to look to when they are making that transition is to try to sound like an agent and not like a lawyer because that can be a little off-putting. Occasionally, you see people with a legal background focusing on legal issues when they should be dealing with marketing or creative issues."
In other ways, the former lawyers admit, there is an inherent disparity between lawyering and agenting.
"The movie business doesn't always lend itself neatly to a tidy, analytic framework," Barber says. "There is an instinctive part, a psychological part, a creative part -- and those three are often at odds with the way you are trained to think and function as a lawyer, where you learn to get rid of the psychological, get rid of the instinctive and get rid of the creative."
"A lot of people in law school tend to be a bit detached, and that doesn't necessarily serve a talent agent very well," Giordano acknowledges. "As an agent, you have to be there for your clients at all times and you have to be supportive, and a legal background doesn't teach you that."
Tenzer goes further, saying that being an attorney can bring its own negative baggage.
"The legal training will never be a disadvantage," he says. "But one of the things people need to look to when they are making that transition is to try to sound like an agent and not like a lawyer because that can be a little off-putting. Occasionally, you see people with a legal background focusing on legal issues when they should be dealing with marketing or creative issues."
In other ways, the former lawyers admit, there is an inherent disparity between lawyering and agenting.
"The movie business doesn't always lend itself neatly to a tidy, analytic framework," Barber says. "There is an instinctive part, a psychological part, a creative part -- and those three are often at odds with the way you are trained to think and function as a lawyer, where you learn to get rid of the psychological, get rid of the instinctive and get rid of the creative."
Tuesday, January 02, 2007
Grade Fever
One week till school starts again. I've been focusing hard on living in the present and not dreading it. What's the point of fearing it? Can't stop it.
Grades, on the other hand, can be feared. There's nothing I can do to change them of course, but maybe next semester I'll remember this fear and let it motivate me. Yeah, right.
It's a strange mix of emotions waiting for grades to get posted. I'm terrified of disappointment, and therefore I'm relieved they're not posted yet. On the other hand, the unknowing is torture. Last year I thought it was bullshit, how long they take to get the grades up. But now I'm wiser: why let it ruin your break? I know I didn't do terribly, but let's be real - I've never gotten straight A's in law school, and that's the only way I'd be satisfied.
Fear is kind of self-indulgent, now that I think about it. I punish myself by being afraid, to atone for failing to be perfect.
Grades, on the other hand, can be feared. There's nothing I can do to change them of course, but maybe next semester I'll remember this fear and let it motivate me. Yeah, right.
It's a strange mix of emotions waiting for grades to get posted. I'm terrified of disappointment, and therefore I'm relieved they're not posted yet. On the other hand, the unknowing is torture. Last year I thought it was bullshit, how long they take to get the grades up. But now I'm wiser: why let it ruin your break? I know I didn't do terribly, but let's be real - I've never gotten straight A's in law school, and that's the only way I'd be satisfied.
Fear is kind of self-indulgent, now that I think about it. I punish myself by being afraid, to atone for failing to be perfect.
Tuesday, December 26, 2006
Dreams
I had one of those post-traumatic-stress/post-exam dreams the other night. I was taking my IP Survey exam (the one I don't feel good about), and after it was over we were informed that it was only a practice exam, so we would get another chance. I was so relieved! Notice I called it a dream, not a nightmare.
Technically I'm not done with my classes. I still have a paper to re-draft. For my Information Privacy class, I managed to engineer a three-birds-one-stone process. I wrote one 25-page paper, and it counted as 1) half my final grade for the class, 2) my upper-level writing requirement, and 3) a directed research credit. I was pretty proud of this because my professor admitted that no one had done it before, but she didn't see any reason why I couldn't do it. The unfortunate part is that she can make me re-write it as many times as she wants.
Technically I'm not done with my classes. I still have a paper to re-draft. For my Information Privacy class, I managed to engineer a three-birds-one-stone process. I wrote one 25-page paper, and it counted as 1) half my final grade for the class, 2) my upper-level writing requirement, and 3) a directed research credit. I was pretty proud of this because my professor admitted that no one had done it before, but she didn't see any reason why I couldn't do it. The unfortunate part is that she can make me re-write it as many times as she wants.
Saturday, December 16, 2006
Halfway Through
As an afterthought, I did finish exams. The last one, IP Survey, was brutal. Just too much to write about with too little time. This was my open book exam, and for the record I'd like to put down the technique I plan on using in the future. I'm going to have two outlines, one that is very short and with the most basic elements. The other outline will be filled with details and cases. So if I have time to add in the details I will, but if there's no time I won't get caught up picking and choosing which sub-elements to include.
Also, I was annoyed that my prof didn't give time recommendations for each section. He had 5 short answers worth 50 points each, and one larger question worth 120 points. I'm terrible at math (that's why I'm in law school...) and I really couldn't spend the time working out fractions. It was frustrating.
Also, I was annoyed that my prof didn't give time recommendations for each section. He had 5 short answers worth 50 points each, and one larger question worth 120 points. I'm terrible at math (that's why I'm in law school...) and I really couldn't spend the time working out fractions. It was frustrating.
The Curve
Classic and amusing post on how professors grade exams. Check out the comments following the post, they're also hilarious.
A Guide to Grading Exams
Thanks to Traditional Notions for the link.
A Guide to Grading Exams
Thanks to Traditional Notions for the link.
Saturday, December 09, 2006
Shout Out
Hey, I got a vote for top law blog on this website! Thanks to my anonymous voter, who wrote: "I had to vote twice. This is a blog written by a law student. Usually funny and concise. As a law student I don't do any extra reading. thanks." Much appreciated.
Wednesday, December 06, 2006
Cramming
My girl on cramming, and the humbling experience of law school:
Anne: It really is so much smarter to study along the way, you can't cram for this stuff. Evidence would have been a good one to get on top of ages ago.
me: I mean you can cram, but it's not enjoyable.
Anne: Yeah, tell me about it. I knew much more con law 3 days b4 the exam than I do with evidence. But I will get there.
me: Yeah, can't underestimate the power of your brain.
Anne: I never used to...What an ego blow this law shit is for me.
me: Ahh, for all of us.
Anne: At least we are still hot! Haha.
me: LOL
Anne: My step mom used to always say to me, whenever I would feel bad "Well, at least you will never be ugly." I thought she was so shallow. But it did make me feel better.
me: Bahahha!
Anne: It really is so much smarter to study along the way, you can't cram for this stuff. Evidence would have been a good one to get on top of ages ago.
me: I mean you can cram, but it's not enjoyable.
Anne: Yeah, tell me about it. I knew much more con law 3 days b4 the exam than I do with evidence. But I will get there.
me: Yeah, can't underestimate the power of your brain.
Anne: I never used to...What an ego blow this law shit is for me.
me: Ahh, for all of us.
Anne: At least we are still hot! Haha.
me: LOL
Anne: My step mom used to always say to me, whenever I would feel bad "Well, at least you will never be ugly." I thought she was so shallow. But it did make me feel better.
me: Bahahha!
Tuesday, December 05, 2006
There's Still A War Going On
A friend of mine is in Iraq. I want to show this excerpt from an email I got from him today. So we don't forget a war is going on. So we remember the bigger world out there. I was/am against the war in Iraq, but I know it's this Administration that's to blame - not our soldiers. They all have different reasons for being in the military, and they're following orders. Anyone willing to risk their life for our country deserves respect, and more, deserves all our efforts to bring them home. Pause and remember how precious life is.
"I've had a long, tough week. I spent most of it traveling around the country. Hopping helicopter rides from FOB to FOB(Forward Operating Base). I got back on Sunday. Some Soldiers in my unit were KIA. Whenever this happens we are blacked out, meaning all communication to the outside world is cutoff. I found out today that a friend of mine was killed last night. It makes you pause and appreciate life. Everything that I am currently doing, every simple act, breath, sight, sound, taste, emotion, all these, these people will never experience again. How grateful I am, yet so sad. Death is natural? Not when you die by unnatural means. How is that loss of life justified? I don't know what to say. I have to think it through."
And now I have to study my Wills and Trusts. Ironic. There's an exception to the formalities of wills for soldiers in action, or sailors on a ship.
"I've had a long, tough week. I spent most of it traveling around the country. Hopping helicopter rides from FOB to FOB(Forward Operating Base). I got back on Sunday. Some Soldiers in my unit were KIA. Whenever this happens we are blacked out, meaning all communication to the outside world is cutoff. I found out today that a friend of mine was killed last night. It makes you pause and appreciate life. Everything that I am currently doing, every simple act, breath, sight, sound, taste, emotion, all these, these people will never experience again. How grateful I am, yet so sad. Death is natural? Not when you die by unnatural means. How is that loss of life justified? I don't know what to say. I have to think it through."
And now I have to study my Wills and Trusts. Ironic. There's an exception to the formalities of wills for soldiers in action, or sailors on a ship.
Monday, December 04, 2006
First Exam
The morning before the first exam is so funny. Everyone you see has the same wry smile on, like 'Here we go again...'
I just finished my Con Law exam. We were all running out of time, lots of bullet-pointing and outlining occurred. I answered everything without outlining, but usually I have too much time, and I went right into the 3 minuted warning on this one. That's good - it'll help the curve. The other anomoly occurred when we got the multiple choice portion. The instruction page said we had 32 questions, and about the same amount of true/false. But the exam only had 19 MC and no T/F questions. A gift of sorts, but definately not intentional.
I have my Wills and Trusts exam on Thurs, so I'm digging right into it instead of having a beer with my comrades. Wills doesn't induce any major excitement for me usually, but the other day I was reading my supplement, and I got so into it. I literally couldn't put the book down; I ate dinner while reading it. Very bizarre.
I just finished my Con Law exam. We were all running out of time, lots of bullet-pointing and outlining occurred. I answered everything without outlining, but usually I have too much time, and I went right into the 3 minuted warning on this one. That's good - it'll help the curve. The other anomoly occurred when we got the multiple choice portion. The instruction page said we had 32 questions, and about the same amount of true/false. But the exam only had 19 MC and no T/F questions. A gift of sorts, but definately not intentional.
I have my Wills and Trusts exam on Thurs, so I'm digging right into it instead of having a beer with my comrades. Wills doesn't induce any major excitement for me usually, but the other day I was reading my supplement, and I got so into it. I literally couldn't put the book down; I ate dinner while reading it. Very bizarre.
Saturday, December 02, 2006
Day of the Week
During reading period before exams, every day is Sunday: You don't have class, but you have to do school work. And you have something huge and impending hanging over your head.
Virtual Study Grouping is in full effect. Emailing practice exam answers and exchanging outlines, discussion of issues on IM.
Virtual Study Grouping is in full effect. Emailing practice exam answers and exchanging outlines, discussion of issues on IM.
Friday, December 01, 2006
Cold
You know it's finals time when it's 8 AM on a Friday and there are already 10 people on your gmail chat. IM is obviously a mixed blessing. It's fabulous when you have a random question ("Is intent an element of intimidation under the 1st Amendment?" Answer: Yes.) because you can get a quick, succinct answer. Remote Study Grouping. But of course IM can be terribly distracting. Great test of will power.
I have a cold, and I'm pretty sure I got it from the same friend who gave me a cold during last semester finals. I'd be furious, but what's the point? Nothing I can about it except suck on Cold Eeze and pop Sudafed. (Note: Sudafed has a slight Ritalin-like effect. Maybe it's the caffeine, but it is a stimulant.) At least it's still reading period. I've imposed a quarantine to protect my friends. Last night a friend of mine stopped by; he remained in his car while I stood on the sidewalk outside my building, chatting.
I have a cold, and I'm pretty sure I got it from the same friend who gave me a cold during last semester finals. I'd be furious, but what's the point? Nothing I can about it except suck on Cold Eeze and pop Sudafed. (Note: Sudafed has a slight Ritalin-like effect. Maybe it's the caffeine, but it is a stimulant.) At least it's still reading period. I've imposed a quarantine to protect my friends. Last night a friend of mine stopped by; he remained in his car while I stood on the sidewalk outside my building, chatting.
Thursday, November 30, 2006
Single
In those books your family members buy you before you go to law school, I remember reading strong words of caution not to fall in love during your first year. Because either love or school will suffer. But truly I think it's far more dangerous to be single during law school. Very distracting.
It's easy to tell your bf that you can't go out because you have homework...it takes much more will power to tell a date you can't go out because you have to read your Wills and Trusts.
It's easy to tell your bf that you can't go out because you have homework...it takes much more will power to tell a date you can't go out because you have to read your Wills and Trusts.
Hypocrites and Capitalism
In the November 27, 2006 issue of The New Yorker magazine:
Mahmoud Ahmadinejad, President of Iran:
"'Why doesn't America stop enriching uranium?' the Iranian President asked. He laughed, and added, 'We'll enrich it for you and sell it to you at a fifty-per-cent discount.'"
Seymour M. Hersh, "The Next Act."
Mahmoud Ahmadinejad, President of Iran:
"'Why doesn't America stop enriching uranium?' the Iranian President asked. He laughed, and added, 'We'll enrich it for you and sell it to you at a fifty-per-cent discount.'"
Seymour M. Hersh, "The Next Act."
Wednesday, November 29, 2006
Muscles Under God
I suppose I should mention in passing that classes have ended, and the study-crush begins. Good luck to my fellow blawgers. Unless you're in my classes. In which case I wish you wouldn't mess with the curve.
Last class was Con Law, where I had to advocate briefly in front of the class on why the words "under God" in the Pledge of Allegience violate the Establishment Clause. My group and I did excellent, and I felt comfortable up there mentally, but physically my body was simply not cooperating. Some kind of weird shaking going on in my neck muscles. I kept tilting my head, trying to shake it out. Very strange how our bodies defy us at these inconvenient moments.
Also, I have my first law school open-book exam. Any thoughts/advice on how to take the damn thing?
Last class was Con Law, where I had to advocate briefly in front of the class on why the words "under God" in the Pledge of Allegience violate the Establishment Clause. My group and I did excellent, and I felt comfortable up there mentally, but physically my body was simply not cooperating. Some kind of weird shaking going on in my neck muscles. I kept tilting my head, trying to shake it out. Very strange how our bodies defy us at these inconvenient moments.
Also, I have my first law school open-book exam. Any thoughts/advice on how to take the damn thing?
Generalized Grievances
Today a friend of mine was talking about some serious problems he's had with a professor (no syllabus, they read two cases throughout the semester, he showed up late or wouldn't show up, etc.). He wants to withdraw and retake the course, so he met with the Dean.
"Are there other kids complaining too?" I asked.
"Yeah," he replied.
"You guys should do a class action then," I said, thinking in legal-ese.
"Hahah, class action," he punned.
"Are there other kids complaining too?" I asked.
"Yeah," he replied.
"You guys should do a class action then," I said, thinking in legal-ese.
"Hahah, class action," he punned.
Monday, November 27, 2006
Thanksgiving
May we all remember what Thanksgiving was really about.
10 points to anyone who can tell me where this mural is located in San Francisco. Hint: It's outside of my favorite bar in the Mission.
Tuesday, November 21, 2006
Craig's List Win
Update on the Craig's List law suit for Fair Housing Act violations:
Case was dismissed. CL is not liable because the Act specifically absolves publishers of ads, and CL is a publisher.
More details here.
Case was dismissed. CL is not liable because the Act specifically absolves publishers of ads, and CL is a publisher.
More details here.
Unsubscribe
So I was receiving emails from a club that wanted me to put myself on their guest lists for events. I kept trying to unsubscribe, but the link for it never worked. In a fit of angry proactiveness, I sent them a threat email citing the Cal. Business Code damages on spammers who do not provide an opt-out feature (described here).
A few days later, of course I got another email from them, telling me about some event. But then, I clicked unsubscribe, and it worked.
Success!
A few days later, of course I got another email from them, telling me about some event. But then, I clicked unsubscribe, and it worked.
Success!
Sunday, November 19, 2006
Bathwater
Study grouping is so key. First semester I study-grouped, but last semester I didn't, and I think it showed in my grades. Last semester me and another groupie had personality conflicts, so we all studied on our own.
It makes such a difference to have something explained to you by someone at your level, or to explain something. And your groupies fill in the gaps in your knowledge, the stuff you didn't realize you didn't know.
If you're on the fence about study-grouping, do it. If you have drama with a groupie, form a new group. Don't throw the baby out with the bathwater!
It makes such a difference to have something explained to you by someone at your level, or to explain something. And your groupies fill in the gaps in your knowledge, the stuff you didn't realize you didn't know.
If you're on the fence about study-grouping, do it. If you have drama with a groupie, form a new group. Don't throw the baby out with the bathwater!
Saturday, November 18, 2006
Of the Week
Bumper Sticker of the Week:
"Linuxgruven"
Product Label of the Week:
On Bounce Dryer Sheets, it says "Discover Bounce freshness in new places*!" And then it has pictures of an easy-chair, a hamper, shoes. The asterick warns, "Avoid direct contact with fabrics."
Come again??
"Linuxgruven"
Product Label of the Week:
On Bounce Dryer Sheets, it says "Discover Bounce freshness in new places*!" And then it has pictures of an easy-chair, a hamper, shoes. The asterick warns, "Avoid direct contact with fabrics."
Come again??
Friday, November 17, 2006
Warning: Profanity
In Con Law, we read FCC v. Pacifica Foundation (438 U.S. 726) from 1978. The Supreme Court decided the FCC was allowed to regulate profanity on the radio. My prof played the George Carlin broadcast that was the target of the case for us today in class (anyone who didn't want to hear it was invited, respectfully, to leave. Naturally no one did.)
Carlin informed us that there are 400,000 words in the English language and only 7 that you can't say on television. In the interest of free speech, I will cite them here:
Shit fuck cocksucker motherfucker cunt piss tits.
(Carlin on "tits": "What's that doing on the list? It's like the name for a snack! Nabisco Tits. Chedder Cheese Tits. Pizza Tits.")
The court said these words had such slight social value that they deserved less protection. The court's beef really was with the intrusiveness of a broadcast like this, which can invade the home and the ears of children, given that a warning at the start of the broadcast might not protect the captive audience. That may be true, but saying the broadcast has no social value is absurd: entertainment and humor are some of the most powerful social values.
Interestingly, during class discussion, the word that was most frequently voiced was "motherfucker."
Carlin informed us that there are 400,000 words in the English language and only 7 that you can't say on television. In the interest of free speech, I will cite them here:
Shit fuck cocksucker motherfucker cunt piss tits.
(Carlin on "tits": "What's that doing on the list? It's like the name for a snack! Nabisco Tits. Chedder Cheese Tits. Pizza Tits.")
The court said these words had such slight social value that they deserved less protection. The court's beef really was with the intrusiveness of a broadcast like this, which can invade the home and the ears of children, given that a warning at the start of the broadcast might not protect the captive audience. That may be true, but saying the broadcast has no social value is absurd: entertainment and humor are some of the most powerful social values.
Interestingly, during class discussion, the word that was most frequently voiced was "motherfucker."
Thursday, November 16, 2006
Patience
It's very strange how innocent the 1Ls look. Even the ones who are clearly older than me, they have this innocent cast, this bouyant confidence in their voices. They haven't been humbled yet.
It's very strange, the people who didn't come back this year. You don't think about them, and then suddenly they pass through your thoughts, and you realize they're gone.
I feel good, I feel like I'm on top of my shit. I have only 3 exams. I prefer to write papers because I can get them done ahead of time. Papers can be harder, and more work, but I find the anxiety of waiting for an exam to be a rougher kind of torture. Waiting, god I hate waiting! That's the reason why I never procrastinate, because I'm so impatient.
It's very strange, the people who didn't come back this year. You don't think about them, and then suddenly they pass through your thoughts, and you realize they're gone.
I feel good, I feel like I'm on top of my shit. I have only 3 exams. I prefer to write papers because I can get them done ahead of time. Papers can be harder, and more work, but I find the anxiety of waiting for an exam to be a rougher kind of torture. Waiting, god I hate waiting! That's the reason why I never procrastinate, because I'm so impatient.
Tuesday, November 07, 2006
Voting Is Sexy
Don't forget to vote today. To find your polling place (they change sometimes) in San Fran, click here:
Polling Place
Polling Place
Monday, November 06, 2006
Spam
This is good to know. Cal. Bus. & Professions Code section 17538.4 requires that spam have an opt-out feature. If you opt out and they continue spamming you, they can be liable for $50 per message up to $25,000 per day.
I wonder if the source of the spam has to be located in California?
I wonder if the source of the spam has to be located in California?
Wednesday, November 01, 2006
Deposition Tricks
My brilliant Civil Discovery professor offered several tricks for holding depositions, of which he said he never partakes but believes we should know about.
He said he once knew an attorney who cut the legs of a chair. He would trim off three inches on the front legs and two inches off the back legs, so the witness would not only be lower ("So they feel like a little kid"), they would also be constantly sliding off their chair.
And my prof told a story about how he was taking a depo of a witness who was represented by a former student of his. When the former student entered the room, he immediately went to the windows and closed the blinds, as the southern sun was shining towards the chair where the witness was to sit. My professor: "Of course I have no idea how those blinds got open..."
He said he once knew an attorney who cut the legs of a chair. He would trim off three inches on the front legs and two inches off the back legs, so the witness would not only be lower ("So they feel like a little kid"), they would also be constantly sliding off their chair.
And my prof told a story about how he was taking a depo of a witness who was represented by a former student of his. When the former student entered the room, he immediately went to the windows and closed the blinds, as the southern sun was shining towards the chair where the witness was to sit. My professor: "Of course I have no idea how those blinds got open..."
Constitutional Candy
Con Law prof on why he didn't bring us Halloween candy:
"If I give candy out, it's like I get a bunch of crackheads talking about the 1st Amendment: [in a high voice] 'I love freedom of speech!'"
Also, his advice on this stressful period before finals, which I'd like to share with my fellow blawgers who are feelin the heat:
"If you find that you can't talk to anyone because you're too stressed out...like if someone says 'Good morning' and you're like 'Shut the hell up!'...or if you're too busy to eat cereal...go out and do something for yourself. See a movie, go for a walk. Do normal adult things and get away for a minute."
"If I give candy out, it's like I get a bunch of crackheads talking about the 1st Amendment: [in a high voice] 'I love freedom of speech!'"
Also, his advice on this stressful period before finals, which I'd like to share with my fellow blawgers who are feelin the heat:
"If you find that you can't talk to anyone because you're too stressed out...like if someone says 'Good morning' and you're like 'Shut the hell up!'...or if you're too busy to eat cereal...go out and do something for yourself. See a movie, go for a walk. Do normal adult things and get away for a minute."
Tuesday, October 31, 2006
Fundamental Rights
My Con Law professor on the fundamental rights sections:
“So we'll start the sections on sexual activity and voting; you may have an interest in one or the other.”
“So we'll start the sections on sexual activity and voting; you may have an interest in one or the other.”
Tuesday, October 17, 2006
Fair Craig
I remember last semester during Property we studied the Fair Housing Act and learned about how rental advertisements can't state a preference based on race, national origin, gender, etc. Of course we talked about Craigslist, because if you've ever searched on there for an apartment, you know ads are posted all the time saying things like, "Female only," or "Asian only." (The two most common, in that order, I'd say.)
Anyway I just noticed that there's a new flagging function for discriminatory posts, with a link to a page that summarizes the FHA. I wonder how effective it is? When I saw a "females only" post, I thought, 'I should flag it.' But then I didn't because I thought, 'Well some girl might not reply to that post without the "females only."' It's hard too because 1) in a way, people should be able to choose who they live with, and 2) if the ad doesn't say it, that doesn't mean they're not discriminating in their choice. Which I guess is where discriminatory impact comes into play. On the other hand, isn't the publication of discriminatory ads just bad for society?
And I see they're being sued in Chicago.
Here's the CL link:
Discrimination Flagging
Anyway I just noticed that there's a new flagging function for discriminatory posts, with a link to a page that summarizes the FHA. I wonder how effective it is? When I saw a "females only" post, I thought, 'I should flag it.' But then I didn't because I thought, 'Well some girl might not reply to that post without the "females only."' It's hard too because 1) in a way, people should be able to choose who they live with, and 2) if the ad doesn't say it, that doesn't mean they're not discriminating in their choice. Which I guess is where discriminatory impact comes into play. On the other hand, isn't the publication of discriminatory ads just bad for society?
And I see they're being sued in Chicago.
Here's the CL link:
Discrimination Flagging
Sunday, October 15, 2006
Wack
After getting into the Con Law section on Equal Protection, my prof arranged to have an out-of-class discussion on race in our own lives. About 25 people showed up (on a Friday afternoon!) and we basically went around the table describing our backgrounds and our experiences with racism. It was pretty cool...laughter, some tears, the whole bit. The coolest thing about it though is how it made us into a secret club. When I pass somebody in the hall who was at the discussion, who I've known but never really had a conversation with, we make eye contact and smile.
My Con Law prof is of a fatherly-age and he has kids our age, so every once in a while he'll throw out some slang (One time he actually said "wack." Hearing adults use kid-slang is like hearing a foreigner curse in your language: hilarious.) For example, he made up this hypo in class about the right to contract. He posed the scenario of a bakery that was also a porn shop, and described it as "raunchy." (We debated whether the state had a compelling interest in upholding moral values.)
My Con Law prof is of a fatherly-age and he has kids our age, so every once in a while he'll throw out some slang (One time he actually said "wack." Hearing adults use kid-slang is like hearing a foreigner curse in your language: hilarious.) For example, he made up this hypo in class about the right to contract. He posed the scenario of a bakery that was also a porn shop, and described it as "raunchy." (We debated whether the state had a compelling interest in upholding moral values.)
Tuesday, October 10, 2006
Caveat Spiritus
I was doing some research for my internship; it was for a client whose landlord had an "inspector" take pictures inside her apartment, and then found out later that the photos were taken by a real estate agent and used for advertising. I was researching landlord-tenant issues, and I found this hilaroiusly titled article:
"ARTICLE: CAVEAT SPIRITUS: A JURISPRUDENTIAL REFLECTION UPON THE LAW OF HAUNTED HOUSES AND GHOSTS," DANIEL M. WARNER (Copyright (c) 1993 Valparaiso University Law Review Valparaiso University Law Review, FALL, 1993, 28 Val. U.L. Rev. 207).
No, I didn't read it.
"ARTICLE: CAVEAT SPIRITUS: A JURISPRUDENTIAL REFLECTION UPON THE LAW OF HAUNTED HOUSES AND GHOSTS," DANIEL M. WARNER (Copyright (c) 1993 Valparaiso University Law Review Valparaiso University Law Review, FALL, 1993, 28 Val. U.L. Rev. 207).
No, I didn't read it.
Friday, October 06, 2006
Fleeting
This is my second year of law school, and my second year in San Fran. It's interesting how you feel the passage of time when annual events roll around.
Eg: You'll find yourself sipping a glass of wine and surfing the internet at home, when suddenly there's a ripping, roaring, screaming outside...visions of 9/11 flash through your head...and then you remember, damn, it's Fleet Week doing warm ups. ''''''
Eg: You'll find yourself sipping a glass of wine and surfing the internet at home, when suddenly there's a ripping, roaring, screaming outside...visions of 9/11 flash through your head...and then you remember, damn, it's Fleet Week doing warm ups. ''''''
Wednesday, October 04, 2006
Wealth
Con Law prof on the LSAT:
There's a high correlation of LSAT scores with first year grades, but there's another correlation that's even higher.
LSAT scores and wealth have the highest correlation.
There's a high correlation of LSAT scores with first year grades, but there's another correlation that's even higher.
LSAT scores and wealth have the highest correlation.
Friday, September 29, 2006
Rings
Some amusing Wills and Trusts laws:
In California, an engagement ring is a conditional gift. If the person who receives the ring breaks off the engagement, they can be forced to return the ring. In common law, it even depends on who breaks off the engagement. That means that if the person who gives the ring breaks off the engagement, the receiver doesn't have to return it!
Also, if you give a gift because you think you're about to die, but then you survive, you can get the gift back!
In California, an engagement ring is a conditional gift. If the person who receives the ring breaks off the engagement, they can be forced to return the ring. In common law, it even depends on who breaks off the engagement. That means that if the person who gives the ring breaks off the engagement, the receiver doesn't have to return it!
Also, if you give a gift because you think you're about to die, but then you survive, you can get the gift back!
Tuesday, September 26, 2006
The Bar
Some fellow lawyers-to-be in my class were talking about a news report that showed that people who win the lottery are more likely to become alcoholics.
A: You know attorneys are 5 times more likely to be alcoholics than the general population. [I can't substantiate that fact.]
B: I think I'd rather win the lottery...
A: You know attorneys are 5 times more likely to be alcoholics than the general population. [I can't substantiate that fact.]
B: I think I'd rather win the lottery...
Monday, September 25, 2006
Clerk
So I got a job; well, let's not call it a job yet because I don't know if I'm paid. A clerkship. I'm working for a solo practitioner who does a lot of IP work. Here's how it happened:
This attorney was one of our panel attorneys at my internship over the summer. I referred a lot of cases to their office; they were always willing to talk to anyone. I became friendly with them. My IP professor told me to find part-time work over the semester to get some experience, so I spontaneously called up my contact there. He said he was glad I called, they needed people. I got an interview, and then I got the position.
The lawyer told me she throws cases at the clerks and has them work the way a real attorney would. Sounds perfect. Even if it's not paid, it feels good to walk out of an interview hired.
This attorney was one of our panel attorneys at my internship over the summer. I referred a lot of cases to their office; they were always willing to talk to anyone. I became friendly with them. My IP professor told me to find part-time work over the semester to get some experience, so I spontaneously called up my contact there. He said he was glad I called, they needed people. I got an interview, and then I got the position.
The lawyer told me she throws cases at the clerks and has them work the way a real attorney would. Sounds perfect. Even if it's not paid, it feels good to walk out of an interview hired.
Thursday, September 21, 2006
Net-not-working
We had a guest speaker for my IP Survey class. I should share his advice on rain-making:
"I've gotten almost all my clients through my hobbies. Take up sailing, for example. Find a hobby that rich people do."
"I've gotten almost all my clients through my hobbies. Take up sailing, for example. Find a hobby that rich people do."
Scrutinizing Your Pants
My Con Law professor had an amusing analogy for levels of scrutiny the court uses to determine whether a law is discriminatory under the Equal Protection clause of the 14th Amendment.
The 3 levels of course are strict scrutiny, intermediate scrutiny, and the rational basis test. Strict is obviously the highest level, rational basis the lowest.
He compared the rational basis test to a pair of baggy jeans: the fit of the law to the purpose just has to be loose.
He compared the strict scrutiny test to Spandex: the fit of the law has to be extremely tight to the government purpose.
What's intermediate then?
The 3 levels of course are strict scrutiny, intermediate scrutiny, and the rational basis test. Strict is obviously the highest level, rational basis the lowest.
He compared the rational basis test to a pair of baggy jeans: the fit of the law to the purpose just has to be loose.
He compared the strict scrutiny test to Spandex: the fit of the law has to be extremely tight to the government purpose.
What's intermediate then?
Saturday, September 16, 2006
Copyright
I cruise around the internet (StumbleUpon usually) to find random photos or pictures to use as my desktop wallpaper. After a few weeks or days I find another photo and change it. Today I clicked on this site with cool photos on it. I clicked on the photo to englarge it. Then I right-clicked to set it as my desktop background, and this message popped up:
"These photos are copyrighted by their respective owners. All rights reserved. Unauthoritzed use prohibited."
Interesting. I've wondered about that before, especially in the context of posting photos/pictures from other sites onto places like MySpace comment boards. It always felt weird to be able to download those images (with Save As for instance). You knew this was coming, and you can't blame them for wanting to protect the expression of their art.
But still. Aren't they trying to get their work Out There? Isn't there something anti-artistic and stuffy about preventing people from using it as their wallpaper? It seems like they could restrict it more finely. (Like s/he is an artist/attorney. I wonder how many of those there are.) Is there an economical incentive? Did someone steal his/her work?
"These photos are copyrighted by their respective owners. All rights reserved. Unauthoritzed use prohibited."
Interesting. I've wondered about that before, especially in the context of posting photos/pictures from other sites onto places like MySpace comment boards. It always felt weird to be able to download those images (with Save As for instance). You knew this was coming, and you can't blame them for wanting to protect the expression of their art.
But still. Aren't they trying to get their work Out There? Isn't there something anti-artistic and stuffy about preventing people from using it as their wallpaper? It seems like they could restrict it more finely. (Like s/he is an artist/attorney. I wonder how many of those there are.) Is there an economical incentive? Did someone steal his/her work?
Monday, September 11, 2006
Seance
I'm sitting in Wills. We just concluded our Nalgene Bottle Seance. It's night now, and my prof turned off the lights in the classroom, and we sat in the eerie emanations of our laptops. He asked everyone who had a Nalgene bottle to hold it in their hands (about 6 people of the 100 of us). Then he held up his green Nalgene and put the podium light under it so that a sparkling green spectre appeared on the ceiling. He said, "Look, something's happening!"
"Does anyone have a question to ask the Nalgene Bottle?"
No responses.
"You're going to regret it later: 'Oh, I should've asked the Nalgene Bottle!'"
I wish I could shed some light on the origins and/or purposes of this exercise, but your guess is as good as mine.
Makes interesting blog fodder though.
"Does anyone have a question to ask the Nalgene Bottle?"
No responses.
"You're going to regret it later: 'Oh, I should've asked the Nalgene Bottle!'"
I wish I could shed some light on the origins and/or purposes of this exercise, but your guess is as good as mine.
Makes interesting blog fodder though.
Thursday, September 07, 2006
To Court
I walked into Info Privacy on Tuesday and my professor says to the 20-odd group of us, "Okay, everybody get your stuff, we're going to the California Supreme Court to watch this defamation case." So we piled into cars and went down there and sat in the overflow room to watch the oral arguments. (The overflow room was awesome. Stadium seating, giant screen, surround sound.)
I couldn't believe how much like moot court it was. Even that ridiculous, "May it please the court, my name is...." The defense attorneys were representing the ACLU and the EFF, basically saying that just because this woman reposted an allegedly defamatory email on a blog, that didn't mean she should be included in the suit. The attorneys were clearly experienced, but their voices were still shaking. The judges tossed them softballs with questions about internet freedom and the ability of the plaintiff to find relief by suing the original defamer.
The defense attorney had this unappealing attitude. His voice didn't shake but he had this obnoxious tone of voice. The minute he got up there, they started pounding him with questions: exactly like they did in moot court. But he clearly didn't remember the number one rule from moot court: Never, EVER, interrupt a judge. (One judge interrupted him, after he interrupted her, and said, "Sorry to interrupt you, but I would ask that you let me finish my question.") I wish we could have gone to something like that before we did moot court, so we'd see how legit it was.
To conclude, I think that clearly the republisher of the defamatory email will get off. Apparently the Fed Cts have all taken the stance that you can't get in trouble for republishing if you don't change the substance of the content.
I couldn't believe how much like moot court it was. Even that ridiculous, "May it please the court, my name is...." The defense attorneys were representing the ACLU and the EFF, basically saying that just because this woman reposted an allegedly defamatory email on a blog, that didn't mean she should be included in the suit. The attorneys were clearly experienced, but their voices were still shaking. The judges tossed them softballs with questions about internet freedom and the ability of the plaintiff to find relief by suing the original defamer.
The defense attorney had this unappealing attitude. His voice didn't shake but he had this obnoxious tone of voice. The minute he got up there, they started pounding him with questions: exactly like they did in moot court. But he clearly didn't remember the number one rule from moot court: Never, EVER, interrupt a judge. (One judge interrupted him, after he interrupted her, and said, "Sorry to interrupt you, but I would ask that you let me finish my question.") I wish we could have gone to something like that before we did moot court, so we'd see how legit it was.
To conclude, I think that clearly the republisher of the defamatory email will get off. Apparently the Fed Cts have all taken the stance that you can't get in trouble for republishing if you don't change the substance of the content.
Monday, August 28, 2006
Reverse Incentives
Another hilarious interlude, from my Discovery prof:
"So the grade from this course will come from two or three short papers, about 3 pages each. If the first paper you guys hand in is good, you'll get assigned two more papers. If the first one is lousy, you'll only get one more paper assigned."
[At this point there was an uproar of confused laughter. A weird incentive plan or did he make a mistake? we wondered.]
He explained:
"Because if the first paper is lousy I don't wanna read a whole extra set of lousy papers."
Great prof.
"So the grade from this course will come from two or three short papers, about 3 pages each. If the first paper you guys hand in is good, you'll get assigned two more papers. If the first one is lousy, you'll only get one more paper assigned."
[At this point there was an uproar of confused laughter. A weird incentive plan or did he make a mistake? we wondered.]
He explained:
"Because if the first paper is lousy I don't wanna read a whole extra set of lousy papers."
Great prof.
The Preacher
My Intellectual Property professor (hereafter "The Preacher") on the public domain:
"When can IP rights be reclaimed from the public domain? I envision it as a giant rift, where the rights drop from the heaven that is protection into the rift that is the public domain. When you lose protection, they drop into the public domain. Once they fall from heaven, they can only be prayed out. You must clutch your rosary beads and pray them out by changing the law, or by resurrecting abandoned trademarks."
Case in point: Mickey Mouse's copyright protection was set to expire, until Congress extended copyright protection laws. Mickey resurrected into heaven.
"When can IP rights be reclaimed from the public domain? I envision it as a giant rift, where the rights drop from the heaven that is protection into the rift that is the public domain. When you lose protection, they drop into the public domain. Once they fall from heaven, they can only be prayed out. You must clutch your rosary beads and pray them out by changing the law, or by resurrecting abandoned trademarks."
Case in point: Mickey Mouse's copyright protection was set to expire, until Congress extended copyright protection laws. Mickey resurrected into heaven.
Thursday, August 24, 2006
Plan B
Two very amusing things about this article:
"Barr has agreed not to sell the pills at gas stations or convenience stores, to ensure better compliance with the rules."
And:
"Couples in the United States have so much unprotected sex — half of all pregnancies are unplanned — that even if the pills were easy for anyone to obtain, they would be unlikely to cause a major change in abortion and disease rates."
Half of all pregnancies? Wow.
"Barr has agreed not to sell the pills at gas stations or convenience stores, to ensure better compliance with the rules."
And:
"Couples in the United States have so much unprotected sex — half of all pregnancies are unplanned — that even if the pills were easy for anyone to obtain, they would be unlikely to cause a major change in abortion and disease rates."
Half of all pregnancies? Wow.
Tuesday, August 22, 2006
Outrun You
Back in the saddle. It's strange being back, but I remained in constructive denial and so avoided the ante-school (anti-school?) anxiety. I actually got into a class (Discovery) that I was waitlisted for, no easy feat. No final, no assigned text, and the first assignment merely advises us to choose our seat carefully as it will be permanent for the semester. Compare to the 45 pages of reading for Information Privacy.
Highlight from Wills & Trusts with my fave prof:
"I've switched over to this new Probate Code book, which is so much better because it organizes the codes by category, and not section number. For example the section on domestic partnerships is in an entirely different place than the section on marriage. So I went to the other Wills professors and I was like, 'Look at this fabulous book! Let's all switch to this one!' And they looked at me and said, 'Are you kidding? It's taken me years to put all these post-it notes in place.'"
And a joke:
Two guys are in the woods camping, and they suddenly see a bear. The one guy starts putting on his sneakers, and the other guy is like, "Are you crazy? You can't outrun a bear." And the one guy says, "I only have to outrun you."
Highlight from Wills & Trusts with my fave prof:
"I've switched over to this new Probate Code book, which is so much better because it organizes the codes by category, and not section number. For example the section on domestic partnerships is in an entirely different place than the section on marriage. So I went to the other Wills professors and I was like, 'Look at this fabulous book! Let's all switch to this one!' And they looked at me and said, 'Are you kidding? It's taken me years to put all these post-it notes in place.'"
And a joke:
Two guys are in the woods camping, and they suddenly see a bear. The one guy starts putting on his sneakers, and the other guy is like, "Are you crazy? You can't outrun a bear." And the one guy says, "I only have to outrun you."
Wednesday, August 09, 2006
Burglar
So I had both my laptop and my iPod burglarized from my apartment. S/he came in through the kitchen window, which was cracked. Consider yourself warned.
Anyway, I emailed iTunes because obviously I'd lost all the songs I'd purchased on there. It was a sad email, about how I was grieving for all my lost music, was there anything they could do? Everyone told me it was lost forever. Nevertheless, this was the reply:
"I'm sorry to hear that you lost your iTunes Store purchases when your computer was stolen. I know how distressing that can be, so I've made all of the content you lost available for you to download again, free of charge. Please understand that Apple does not offer protection against the loss of your purchases, so this is a one-time exception."
So I'd like to give big ups to "Adrienne" at Apple, who restored me my lost music. Now that's customer service.
Anyway, I emailed iTunes because obviously I'd lost all the songs I'd purchased on there. It was a sad email, about how I was grieving for all my lost music, was there anything they could do? Everyone told me it was lost forever. Nevertheless, this was the reply:
"I'm sorry to hear that you lost your iTunes Store purchases when your computer was stolen. I know how distressing that can be, so I've made all of the content you lost available for you to download again, free of charge. Please understand that Apple does not offer protection against the loss of your purchases, so this is a one-time exception."
So I'd like to give big ups to "Adrienne" at Apple, who restored me my lost music. Now that's customer service.
Luck
School starting up again soon. I'm keep it buried in the back of my mind, trying to enjoy the dying gasp of summer. This summer has been amazing, I'm not sure why exactly. My love affair with San Fran is in full swing, maybe that had something to do with it. Today's the last day of my internship and I'm sending out resumes for next summer. I'd like some luck...that would be nice. I work hard, and how else can you be rewarded except by getting lucky?
Overheard yesterday in the parking lot at Fort Mason, by a woman:
"I lost my car keys!" Beat. "And my baby's in the car!"
Overheard yesterday in the parking lot at Fort Mason, by a woman:
"I lost my car keys!" Beat. "And my baby's in the car!"
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