Wednesday, February 02, 2005

Winding Down

I'm catching up on work and getting a handle on my schedule. All my grades are up and I'm getting used to the flow of the semester. I'm on top of the Tao and things are shaping up. However, there were some stumbling blocks. The only reason I'm mentioning this is as helpful advice, not because I would ever do something this stupid.
If you're doing research for your boss and it's going really well you might want to stop and go ask if you're in the right jurisdiction. Say the state has really awesome standards on some constitutional issue and your first lexis search pulls up three cases that are on point, do you really think this was what your attorney wanted you researching? He could have done that himself. You probably didn't luck out "just this once".
Do not keep researching for five hours and write a really "awesome memo that totally fucking nails this issue." It's time to go walk down the hall and clarify what you are looking for and in which jurisdiction. If you get new guidance and start pulling up old Admin. Law Judges' opinions that contradict each other and the CFRs you're probably now on the right track.
If you're really blessed there will be one case in the 11th Circuit that makes absolutely no sense. B/c this is a case of first impression in your Circuit and the only authority is ass backwards you'll get research all the cool secondary sources; legislative history, administrative law cases, agency opinions, and the least convincing weapon in your arsenal, The Law Review Article. (Man can you feel that sarcasm, hopefully none of my profs. are reading this.)
Follow the Tao, be the water. Unfortunately if you're a law student that water tends to be hammering against a sheer granite cliff.

1 Comments:

Blogger La Madre said...

man you need a drink and a hug.

5:44 AM  

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