Contracts(K)

We were going over some interpretation issues in K the other day. Mr. M was trying to explain why a certain rule would apply. Prof. Contracts wanted to hear about UCC 2-712 and cover. He's looking at us like we're morons for not just saying "Cover". He asks about four more times, "What kind of remedy should the plaintiff have sued for?"
I finally decide to say "Cover", I know it's the right answer, of course just because an answer is the right answer to a law professor's question doesn't mean that it's the right answer to the law professor's question. An important addendum to the last rule is that just because the law professor asks if anyone knows the answer to his question doesn't mean he wants anyone to answer. Yes this is yet one more exciting and dangerous activity in law school.
So I say it, "cover", quietly and towards Mr. M.
Prof. K says, "Mr. Gonzalez is giving you a hint Mr. M., tell him again Mr. Gonzalez."
"Cover" but loud enough for everyone to hear.
Mr. M says "Cover" and the class relaxes.
Prof K says, "See now, even though we would never keep Mr. Gonzalez up front where a client might see him you should keep him in back. Let him have a cubicle and a UCC and ignore him until you have a contract dispute."
That's kind of a compliment as far as law school goes, at least for me.

New Posner

It has something to do with comic books.

Apartment maintenance

The plumber came by to fix our toilet today and said it was too far gone. We got a new one. It's glistening white and has a powerful flush. I was so excited I slapped a Natty G down on it right away.

Crim Pro, Civ Pro, No Mo'

I emailed Prof. Civ Pro the link to Green Bag because he wanted to find out more about the Supreme Court bobblehead dolls. I figured since I was emailing him stuff anyway I'd send him the link to the civ pro test. He thought it was great and insisted I send it out on the class listserv. Now, I know I'm a dork and I'm pretty comfortable with that but I don't feel the need to go advertising it on school listservs. So I figure I'll just ignore the email and go about life in my own private dorkdom. I got four more emails from him in two hours. He insisted so I sent it. I'm relying on the fact that most people don't read most of their emails to avoid a large amount of embarrassment. We will see.

Prof. Crim Pro said everyone could have a girl scout cookie (thin mints) if they said something smart in class. I raised my hand later on in the class and asked a question that once again distinguished my acumen. I asked what an arrest was. Yes it's genius, thank you. I find myself asking these probably obvious to everyone but me questions more and more. Con Law generated the most so far, but Crim Pro is making a running. Anyway as I ask the question the box of girl scout cookies comes to me. Prof. Crim Pro kind of gives me a look and I pass the cookies by. Prof. Crim Pro says "The question wasn't that bad, you can have a cookie."

Prof Torts will certainly call on me tomorrow. After my distinguished showing today it should be fun.

The Judge

I know the whole friendster thing is about over, but I did a fakester of Judge Posner. If you want to add him as a friend, which would be honestly pretty damn cool, you can search by his name. He has a picture up so don't be fooled by that kid from NY or wherever. Or you can search him by Judgepdiddy@yahoo.com.
I'll try to do a halfway decent job of watching his sight and adding people and what not.

Grey Tuesday

This will probably kill me if I ever want to get a job doing copyright stuff, but you should check it out. Someday I'll do my Major Labels suck rant, but until then these folks do a somewhat decent job of manifestin' and representin'.

Damn, I can't figure out how to link it with the neat picture thing. This will have to do. Grey Tuesday

Crim Pro

Prof. Crim Pro asked me a question about Katz and his hypo involved some TV commercial. I haven't had a TV or watched TV with any regularity since I was robbed in 1996. I told, "I don't know the commercial, I don't have a TV."
He said, "You aren't going to get out of this that easily."

We were reading Chimel v California in class and I kind of fade out for a second. I know the cops were looking for coins and I hear everyone talking about the "Penny Room". I scan through the case and there's no mention of the "Penny Room" and so I start listening. I thought for a second they were in some bizarre hypothetical. People were locking themselves in the "Penny Room" with food storage and all sorts of stuff. I finally had to raise my hand and say I didn't understand what a "Penny Room" is. Prof. Crim Pro looked at me for a second and said "Panic Room, like the movie, have you heard of that at least? Or do you not watch movies either"

Other highlights from Crim Pro include the day I faded out, btw in my defense this class is at 3pm and my first class is at 9:30 AM and I have a full day between the two, and Prof. Crim Pro asked a question I didn't hear. I see him nodding his head so I think it would probably be a good idea to nod my head too. I start nodding my head and he whips around and says "You would agree to that Mr. Gonzalez? Why?" Being the brave soul that I am, and not knowing what the hell was going on, I had to admit that I didn't know what was going on and was only nodding because I saw him do it.

We have an auction to raise money for stipends so that the kids who take public interest jobs that don't pay can have some money to eat. One of the items up for bid is Dean for a Day. Prof. Crim Pro more or less told us he wanted to see the Dean in a dress mudwrestling.

Everyone else is doing it

YOU ARE RULE 8(a)!

You are Rule 8, the most laid back of all the
Federal Rules of Civil Procedure. While your
forefather in the Federal Rules may have been a
stickler for details and particularity, you
have clearly rebelled by being pleasant and
easy-going. Rule 8 only requires that a
plaintiff provide a short and plain statement
of a claim on which a court can grant relief.
While there is much to be lauded in your
approach, your good nature sometimes gets you
in trouble, and you often have to rely on your
good friend, Rule 56, to bail you out.


Which Federal Rule of Civil Procedure Are You?
brought to you by Quizilla

I didn't jump on the map bandwagon, but this is kind of law related, and well you know.

I just learned...

a new HTML trick. I'm pretty psyched.
Give it a try. BTW they should have an html thing for these so you can have your horoscope in the corner or something.

I'm a Sagittarius if you were wondering.

Edwards v Honeywell

Alright, so I'm reading torts, and this case comes up. I'm happy, "Oh look, a Posner!" and it's well written opinion that helps me understand the section were on, legal causation if you care. I feel like I've got a good handle on the case and started reading the note cases. One of them might possibly have effected a classmate's father. The name is right, the location is right, and the claim looks right. I'll verify tomorrow. Anyway I'm thinking Classmate to Classmate's father to note case to Posner opinion to Posner. That's like 5 degrees of separation. It's almost as good as meeting the man himself. Man, the feelings of privilege welling up in me from my close connection to the man are awesome.

And if anyone who matters is reading this, I didn't start reading my torts homework for tomorrow morning at 11pm regardless of appearances. Honest, it was like 10:55.

Hops and Barley

I was a brewer before I came to law school. Brewing is hard and messy work but it's really rewarding as long as the government stays out of your business. Every time I see something like this I get a little wistful. Sure I'll be making a good living and won't have to scrub trub out of the bottom of a kettle, but I miss standing over my mashtun, paddle in hand, and smelling the starch conversion and roasty malt aroma.
I could go on with a piece by piece critique of the equipment and how I'd modify it, but probably no one but me cares.

Volunteering

I volunteered to help out with a fundraiser at school. They needed licensed alcohol servers and I happen to be one so I signed up to help out. One would normally expect that if you were volunteering for something like this that you would just show up and tend bar. Not here, this organization is so committed to raising money that they didn't buy corkscrews. We, the volunteers, have to bring our own. That's fine I have a ton of wine keys, but I thought it was funny.
I also like the idea that as a bartender I will be able to cut off my Profs. Under Oregon law it is against the law to argue with the bartender. I might try cutting off Prof. Torts. I think I might try and cut off a bunch of random hot shot attorneys. Maybe I could later get an interview with one of them and they could hazily remember me. Speaking of interviews check out Buffalo Wings and Vodka.

Attention Posner Fans

There's a new Posner opinion on Law and Economics. Have a ball.

Someone, maybe Three Years of Hell, mentioned the lack of an editorial against San Francisco's current Gay Marriage Festival. I'm not a big believer in the Liberal Media line, but when activities like this happen and there isn't an editorial it is some what worrisome. However I would argue that in this instance, because it is San Francisco, it's hard to take seriously. The state will probably outlaw the next time the legislature meets, if the courts don't stop it first. I figure the rest of California is probably like the rest of the U.S. and just kind of ignores San Francisco's forays into social justice. It's a kind of eccentricity for San Francisco and Berkeley. They'll get to it when they have time.

The Naked Cult of Hickey

Hickey was the last truly Punk band. You can disagree with me on this but you would be wrong. Matty Luv, half of the disastrous driving force behind Hickey, passed into that El Farolito of The Beyond a couple years ago. It was sad because we lost Matty and his energy, but even more importantly a whole genre of music died. Hickey was bizarrely a genre unto themselves.
I must have seen Hickey 10 times, even though I didn't live in the bay. Their shows were catastrophes. The music fell apart and the audience stumbled around in the rumble dancing to real chaos.
Every time I meet someone who is really interested in Rock'n'Roll I try to push Hickey on them. This is the real thing. This is DIY. This is youth rebellion. This is anyone can do it. This is all inclusive. This lets you be an individual part of everything.
Hickey was better than therapy, stood in well when you didn't have a date, and was a whole hell of a lot of fun. Hickey is probably the only band besides the Ramones who I've listened almost everyday for more than 5 years and who I think I will probably still be listening too in 50 years.
I came across this website. I think it's a great way to pay respect. I think it's a great introduction for the kids who missed it. I think it is necessary for anyone who wants to claim they know anything about Rock'n'Roll. I think it is required for anyone who is trying to start a band.
Read the site, download the music, by the CD from Probe if you can and try and figure out who's gonna play me in the TV movie. Gary Coleman? Meg Ryan? Kevin Bacon?

I'm smooth like a cheese grater

Our torts professor expects us to be on time to class and if you're late he singles you out and drills you for a while. I figure it's a fair deal. He usually finishes you off with a withering comment. My favorite so far was when he told me it was the quality of what I say and not the quantity that mattered. I basically agree with him and think he's a great guy. Anyway I got to school early and was sitting in the library reading the NY Times when I realized that class started at 9:15 and not 9:30 and that I was going to be late and humiliated. I haul ass to class and pass Mrs V. on the way. I said we're late, she said she knew that but she was going to skip because she was afraid to go in late.
Because I'm a freakin' gentleman I tell her that I'll go in first, make a lot of noise, drop my book, etc and draw Prof. Torts attention. Mrs V. can then slip in quietly through the side door and occupy her seat without him noticing and I'll bear the brunt of the Socratic Method. She agreed and said thanks.
I charged into the class room with my laptop blazing, I banged the door really loud, dropped my casebook and tripped on the step. My entrance was later described as "Spectacular" and "Awesome". Mrs V. meanwhile slide quietly into her seat.
Prof. Tort says "Well Mr. Gonzalez, did you not feel the need to participate in the discussion on the makeup class?"
I said, "I'll defer to your wisdom sir."
Prof. Torts "Let us then skip to co-counsel. Maybe they will have something worthwhile to add to the discussion."
I sit down and get organized and I'm feeling pretty good. I got off easy. No one noticed Mrs. V. come in. My neighbor leans over and reminded me that I'm a big dork.
Prof. Torts then spins on his heels and says, "Mrs. V. could you enlighten the class as to Judge Hand's theory of Negligence?"
Foiled. It was a decent try though. I'd also like to mention in my own defense that I am not a gunner. I've spent many years waiting tables and tending bar thereby becoming completely immune to insults and law professors.

Farm Workers

I went to a rally/celebration put on by a group called PCUN. PCUN tries to organize farmworkers. Most of their members are Latinos. They were celebrating a new law in Oregon that gives farmworkers the right to have a 10 minute break for every four hours they work. Everyone in this country has the right to go to the bathroom without it being docked from your pay except farmworkers . Now at least in Oregon they do.
They also gained the right to a 30 minute unpaid lunch break if they work eight hours. This is really important because the farmworkers are exposed to a lot of chemicals( pesticides and fertilizers) and they need this time to wash their hands and faces to minimize exposure.
Now, I don't want to rain on their parade. This was a big victory for farmworkers but the realization that this is what these people consider a victory is disturbing. These men and women had to fight for the right to have a ten minute break during 4 hours of strenuous labor. This should have been a no brainer. Excluding them from the basic rights we include in our labor laws is tantamount to biting the hands that feed us.
Next we should work on paying them minimum wage.
Si Se Puede!

HTML

I know some and shit. Word, it's chocolate cookie time.
BTW my old lady's are the best.

Padilla

The NY Times has an article about Padilla today. He'll be allowed to see an attorney finally. Yeah. I've been a little miffed about the whole deal, not just for the obvious civil rights problems. A white kid, John Walker Lindh, got caught on a battlefield in a foreign war zone with weapons and in the service of a foreign army and he got a slap on the wrist. A Latino gets picked up in the U.S. with a laptop that may or may not have evidence that he may or may not be involved in a plot that may or may not exist and he's spirited away to a military brigg and hidden for almost 2 years. It's a load of crap and if Padilla was a white person I can't imagine this happening.
Anyway if you go to the SCOTUS Blog you can download the briefs for the Padilla case.

Jackson Suit

Well the Jackson suit was withdrawn. It was a crap ass complaint so there's no real surprise, but in the NY Times yesterday, and I assume everyone reads the times everyday, there was an article about Viacom, who was named in the suit. They wanted to sell Blockbuster Video, who are the devil, because they see the market for video rentals declining. No biggy, but they talk about how much Viacom made last year. They made 7.5 billion dollars. Man even with a class of 80 million you would still see something from the punitive damages on 7.5 billion dollars. It would probably be a coupon to Blockbuster. Maybe I could do one of those professional objector things I read about and score some cash, just a semester's worth of loan money or something.

The Janet Jackson Suit

Hey Civ Pro fans, or whatever, I was looking at the Janet Jackson class action claim on The Smoking Gun. The new amendments to FRCP 23 that went into effect on December 1st, 2003, specifically FRCP 23(g), were used. It's around page 7 and on page 6 it does the step by step for rule 23(a) and (b)(3). Man, what fun.
At line 13 you finally get what the claim is about. If I were a judge it would probably take me a whoppin' 5 seconds to 12(b)(6) this claim.

Scalia and Recusal

I read this article on FindLaw and thought it was interesting. It's about why Scalia should recuse himself on the In Re Richard Cheney case. I'm a lowly 1L so what do I know, but the description of Stevens' behavior compared to Scalia was compelling. Also, even though I'm only a 1L, I think I'm getting a pretty good grasp of the whole "Reasonable Man Test" and it seems pretty obvious that any reasonable man would question your impartiality when you've been going to dinner and on duck hunting trips with your "buddy" who's case happens to be coming before you.
Another interesting thing about the article, and I trust FindLaw, is that Diamond Services Corp, an oil services company, paid for the trip and ferried Scalia there. Since the whole case revolves around who was on Cheney's energy policy panel, and this company is involved in the energy industry, it could involve Diamond Services Corp. This case could have direct implications for that company. This definitely raises the specter of undue influence.
The whole trip obviously resulted from the influence that Cheney and Scalia have. I could be wrong, no one ever sent their private jet to take me hunting, or anywhere else for that matter. At this point I would probably be lucky to land a job cleaning private jets. Maybe it doesn't influence them at all, but that's hardly a reasonable belief.
Scalia recused himself from the Pledge case. He understands what people consider reasonable or not. It's much more difficult to believe that you wouldn't be able to remain impartial in a case that you've made a few comments about but that you could in a case that involves a friend and free hunting trips. The most compelling reason he should recuse himself is that not only can he comprehend the problem of not recusing himself, but he's made the decision before with less grounds.

BTW I'm naming my first son Reasonable Man. I'd change my own name to Reasonable Man and hire myself out but my old man (He's still pretty good with the belt too.) would probably consider it disrespectful. If I had a daughter I might give her the name but it probably wouldn't be much fun being a teenaged girl named Man, I guess she could go by Reese until she was older. I also don't think it would be quite as successful for her, but maybe society will be more tolerant by then.
Anyway he'll be able to charge expert fees whenever there's a case where there's a disagreement over what a reasonable man would do in certain circumstances. They'll pay him $100 an hour or whatever and he'll solve it for them. It'll be a plush life that provides him the means to support his infirm parents in luxury.

For the Old Lady

Federalism

I was reading CrimPro, actually I was goofing off on the internet but they look the same from the front of the classroom, and I came across this article explaining that Iraqis don't really understand the concept of federalism. It's understandable why, it's not exactly an easy topic. I think that the average American probably doesn't understand federalism, and after getting my grade back in ConLaw I wonder how well I understand it.
Then I got a visit from the Irony Fairy and came across this article on Fark. It seems that the President doesn't have that great of a grasp on federalism either. Marriage has traditionally been a state power, that's why states were able to ban interracial marriages and sodomy between a married couple and the Feds couldn't do anything about it. It's not the Fed's area to legislate. For a group of people who want to limit federal meddling in state affairs they're doing a crappy job.
Also on Unbillable Hours he talks a little about it in terms of how much money legal gay marriage would save state courts. After taking property I understand how much more complicated a will would get in a state that doesn't recognize gay marriage. Another blog I recently came across talked about an attempt by estate planners to limit their liability for negligence because the writing of wills is so complicated. Gay marriage basically makes sense and if a state wants to legalize it then that is their traditional right and the Feds should stay out of it.

Measure 30

A local measure to increase taxes failed. One of the benefits is that the school year will probably be shortened. A coworker at my old job has a passel of kids. The school year ended a month early and her children promptly began harassing her. If more parents considered the extra time they will have to spend dealing with their kids they would probably change their votes.
This will cost just as much in the long run anyway. Extending summer vacation for teenage boys is always a bad idea. By August, at the very latest, there will be hordes of the buggers playing with gasoline and matches, getting into fights, showing off, and a whole host of things that will land them into emergency rooms or meetings their local police officer. If you start two teenage boys off in mid May with teenage boy A daring teenage boy B to do X and then teenage boy B daring teenage boy A to do X+1, by late June you're already up to X+100. From experience I can tell you that extending summer vacation for teenage boys is an invitation for them to blow their fingers off, wreck their father's car, break their legs falling off of roofs, and find pants that sag so low they could be mistaken for socks.

One last thing, Hi AulaPay

Just Like the Pros

Well, I've got me a fancy blog, just like the pros, and what happens? Nothing, I wanted some world shattering event that I could rant and rave about and not a whole lot unexpected happened, so far as I know. If I just hadn't procrastinated I could have been in on all the Janet Jackson boob action.
My lovely girlfriend set most of this up for me. It will change slightly as I figure out how to rip off ideas from other blogs. My lovely girlfriend will be referred to as my old lady, it's a term of endearment.
Mostly I'm going to whine about the news, talk about RocknRoll, and put my two cents in on this "Selling out to the Man" and "Going to law school" thing.
Rock On!

tseT

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