Law Notes

To Kill or Not to Kill

2005-10-05T15:14:00.000-05:00

In the case before the Court today Oregon seeks to keep its assisted suicide law from the axe of the SCOTUS.  The government rests its argument on the fact that the Controlled Substance Act has entrusted the Attorney General with the power to determine what the scope “legitimate medical purpose.”  Oregon contends that it is up to the state to decide and regulate the practice of medicine.  I think that the government has stated the issue correctly by asking, “Who gets to decide?” This again boils down to rights and authority of the various States.  Whatever will Scalia do?  Forced to decide between his consistently championed issue and maybe a morality issue.  Actually, I would think (dare I presume) that he would follow the statute.  It seems clear, as the government has pointed out, that assisting suicide is not a “legitimate medical purpose.”  Notwithstanding the fact that the statute (CSA) really doesn’t define that phrase, ordinary meanings of the words show a meaning of promoting health, life and recovery.
     Oregon’s very premise that the state should decide the regulation of the practice of medicine would reach the same conclusion or so I would argue.  Fine, regulate the practice of medicine.  But the practice of medicine is the art and science of healing.  This ordinary meaning argument is laid out in the government’s brief and I tend to agree.  Assisted suicide is nothing about healing.
I usually am all for State’s rights, and would like to minimize the intrusion of the federal government into business that is best handled by a State government.  This, I believe is not one of those times.  Yes, if it were me suffering and in constant pain waiting just to die, I might want to “hasten death” (as the respondent so eloquently phrases it).  But then that really isn’t the issue here.

Note: Petitioner’s brief.  Respondent’s Brief.

Another for the 88

2005-10-04T08:36:00.000-05:00

Dale Jarrett, driver for the UPS Ford, wins the Nextel Cup race this weekend at Talladega. Congrats Dale!

Fun little Test

2005-10-03T10:59:00.000-05:00

You are a

Social Conservative

(36% permissive)

and an...
Economic Conservative

(75% permissive)

You are best described as a:

Republican

You exhibit a very well-developed sense of Right and Wrong and believe in economic fairness.

Link:
The Politics Test

Time for a Post

2005-10-03T07:44:00.000-05:00

My last post was December 2004. Life takes funny turns. Other things become priority and next thing you know you have been distracted for nearly a year. My stint at South Texas College of Law continues. I have 4 more semesters to go (part time). So I should graudate in May '07 and take the July 07 BAR exam; unless, life takes another funny turn.
If all goes well blogging will resume.

My take on Enron

2004-12-03T15:16:00.000-06:00

I see in the paper today that there are 114 unindicted co-conspirators in the next phase of the Enron trials. This would be for the suits against Ken Lay and Jeff Skilling; the largest number of unindicted co-conspirators in history. While some see this as a vindication, or a gotcha, it just makes me sad.
You see, I had the pleasure of working for Enron. My brother still works for what is left, and for those interested, Enron has emerged from bankruptcy, but will probably flicker and die.
I was a Sr. Specialist on the electricity trading floor (Eastern US, the western US was traded in Portland, OR). I lead the group that developed the intranet for the traders. We delivered pricing and electricity demand information from over 500 points across the country every 5 minutes.
The culture was very entreprenurial. Anything we wanted to try - technology wise - we were allowed to try. If it made the information flow better we adopted it. Yes, it was very competitive, but that, I think, drove everyone to do their best. And we had some of the very best.
Now the corporation that I was so proud to be a part of, has a name that is synomous with greed and failure.
As far as my feelings for Ken Lay, I thank him for building a company that gave me the best and most enjoyable job a I have had to date (hopefully law will win out). He made some poor decisions and those decisions cost a lot of people a great deal of money. I understand that. But I hold him no ill will. He was always pleasant and humble when I would see him in the building.
After the fall I was fortunate. The power and gas trading groups were purchased by UBS Warburg. I stayed on for another 6 months until another big layoff caught me.
Thank the Lord for that because had I not been laid off I would not have entered law school. I really enjoy the law and cannot wait to practice.
So, as the rest of the nation prepares to receive their revenge on the evildoers of Enron, I take a minute to reflect on the glory that it once was; and to remember the friends that I made and fun we had.

Roe v Casey and the Future of Roe

2004-11-24T10:56:00.000-06:00

     There is a lot of rumbling about the future makeup of the Supreme Court. Chief Justice Rehnquist’s retirement is looming. The possibility of Justices Stevens and O’Connor stepping down is also on the radar. Now that President Bush has won re-election, the makeup of the Court could end up very conservative. The likely choices for Chief Justice are Thomas or Scalia. Although I believe Scalia might be a tad too polarizing, he is my favorite. All of this has pro-choice advocates fearful of the possible overturn of Roe v Wade 410 U.S. 113 (1973).

A little history
     Pre Roe various states had bans or restrictions on abortion. There was no federal ‘statement’ as to abortion rights. Roe changed all of that. In an effort by the Court to ‘resolve the deeply divisive issue of abortion’ the decision struck down a Texas statue banning the procedure.
     The decision established abortion, or the woman’s right to choose, as a fundamental right protected in the Privacy/Liberty interest of the 14th amendment. Strict scrutiny was now the standard of review for all abortion statutes; a review most statutes fail. The decision also set out a rigid standard of no state interference during the first trimester, yet acknowledged a state interest in protecting the life of the fetus after the first trimester as long as the health and life of the mother were protected. This decision did not resolve the issue; it divided the nation even further.

Roe v Casey
     Almost two decades later, along came another lesser known case, Planned Parenthood of Southern Pennsylvania v Casey and is the controlling opinion in abortion statutes today. 505 U.S. 833 (1992). The Pennsylvania statute set out conditions before an abortion could take place: parental consent for minors, with judicial exception; 24 hour waiting period; information about options; and spousal consent for married women. On its face this was in direct violation of Roe. It provided for state interference or restrictions during the first trimester.
     The Court in the opinion delivered by O’Connor, while vehemently affirming Roe, upheld most of the statute. In my opinion it is an affirmation only in words. Justice O’Connor says the three essential parts of Roe are upheld: a right of a woman to choose an abortion before viability without undue interference by the State; a confirmation of the State’s power to restrict abortion after viability; and third recognition that the State has a legitimate interest in the health of the mother and the life of the fetus at the outset of the pregnancy.
     This undercuts Roe. Here we get our first glimpse of undue interference or undue burden. Casey drops the standard of review from strict scrutiny to an undue burden test. In other words, if a requirement is too much of an obstacle to abortion then it is unconstitutional. The only provision considered an undue burden was the spousal consent requirement. Parental consent and the 24 hour waiting period were upheld along with the dissemination of information about other options.
     Justice O’Connor affirmed the State’s power to restrict abortion after viability. Roe was very rigid in a trimester scheme with only a slight mention of viability. This scheme was rejected by the Court, but they did not define viability. Without guidance, the States are left to their own definition. Although anything less than twelve weeks might not hold up, the definition of viability could vary widely in each State.
     The third essential part of Roe affirmed by the Casey Court, was not really a part of Roe at all. Roe rejected the State’s interest during the first trimester. In Roe, the mother’s interest in her liberty and choice outweighed any state interest in the life of the fetus. In Casey, the State’s regulatory power over abortions can begin at conception, and do not have to wait until the second trimester.
     Casey, while affirming the tenets of Roe, actually weakened it. It now allows for more State regulation during the entire pregnancy and lowers the standard of review for other abortion statutes. The lower the standard the more deference is given to the legislature enacting the statute.

The future of Roe
     While a new conservative Court might overturn Roe, I think that abortion rights are safe for now. To overturn, many things must happen. First, a person with a legitimate issue must bring a case in a Federal district court. It’ll then have to go to one of the 11 appellate circuits. This could take several years. After disposition in the appellate division, a writ of certiorari must be granted by the Supreme Court; meaning that the Court will hear the case.
     The granting of the writ is a toss up. It will depend on the actual makeup of the Court. The Chief Justice, and who that is, has a big say in whether it is heard. This makeup could also be affected by the Senatorial elections in 2006. If the Democrats gain any seats back, then less conservative judges will be appointed, perhaps the abortion litmus test will be applied.
     If it does become a more conservative Court, and the writ is granted, the most likely outcome of any decision is not an overturn if Roe, but a furtherance of Casey. The Court will likely undercut Roe to a greater degree by allowing further restrictions before viability. Is a definition of viability likely? Probably not. Do not look for the Court to suddenly declare a fetus a person. Giving the issue back to the States will happen gradually, if at all.

A Week in the Life of a Law Student

2004-11-19T15:51:00.000-06:00

Finally I get around to doing one of these again!

Monday:
You know age is creeping up on you when you are worried about every little twinge in your chest. I am no exception. So, today is my date with a caridologist. I have never been before. I do have that feeling that, 'aw, nothing is wrong with me and whatever it is will pass.' But, you hear about too many men, beliveing that right up to the first and final heart attack. Pride is one thing, but be able to pay back these schools loans, well that's what I live for! Turns out it is just really bad heartburn.
Good thing about this is I get to miss all but 30 minutes of ConLaw. I am so glad this semester os about over.

Tuesday:
I got my final registration back from the registrar today. A little easier schedule next semester. Professional Responsibility; Coporations; and Research and Writing II. Only 8 hours and 3 days a week.
Texas PreTrial stills drags on and on and on ...

Thursday:
and on and on. But this is the last class. By the end of this class no one is listening. Most people are playing solitare on their laptops. (including me)

Friday:
Remeber those parking tickets? Today I am going to appeal the ticket I received with 21 minutes left on the meter. I get to the municipal court building. Trudge downstairs to the basement where the parking adjudication is held. I put my name on the list and wait. Actually, the wait wasn't too long. 10 mintues and I am before the hearing 'judge'. The 'judge' in this instance is a city lawyer who hears the case from across his desk and rules.
I hand him my paperwork. I notice his diploma, and comment that I am in law school. He starts smiling and says then you are going to learn a lesson about limitations the hard way. Apparently, I have waited too long to appeal the ticket. Even is the story was good he couldn't help me. So, feeling somewhat embarrased, I slink out of his office and head for the cashier.

Things are Crazy

2004-11-18T15:46:00.000-06:00

I am failing at posting these days.
Work has picked up considerably and the semester is winding down. This means between studying and work I have had no time to post about anything.
Finals are going to be a bear. I have all 3 the week after Thanksgiving. Monday, Wednesday, and Thursday; not fun.

Tips on Blogging

2004-11-08T15:55:00.000-06:00

Ken Lammers over at CrimLaw gives some good tips on starting and building a blog. There are many references to law focused blogs (which are good for me), but he also lays out some practical advice pertinent to all.

Vote of Mandamus

2004-11-08T08:25:00.000-06:00

Well, the election is finally over. Bush wins a second term. I am happy about that. There is a lot of talk, however, about this vote being a mandate. Is it? Perhaps. He did win by a majority; something we haven't seen in awhile. Though, other presidents have won by larger electoral margins. Mandate or not, what I saw is the Christian community speaking out. Could they have spoken louder? Maybe, but any victories are welcome. I have always held the belief that if the Christians in this country would just get out and vote, they could forge the path of this nation. I would argue that it is the Judeo-Christian foundation of this country that explains why the Lord has blessed this nation as much as He has.
President Bush now has four more years to continue leading this nation as a Godly man. He has a larger majority in the Senate and the House. So, if he received a mandate, was it from the voters or from a higher elector?

It's been a while

2004-11-01T16:01:00.000-06:00

Yes, I have been lax when it came to posting. What can I say? Things have picked up. At work, at home and definitely at school. This has been my hardest semester so far. So, when push came to shove the blog lost. I am hoping to be more consistent the rest of this semester, and surely next semester; easier classes.

A Week in the Life of a Law Student

2004-10-08T14:04:00.000-05:00

Monday:
Well I still am carrying around a kidney stone. Feels like someone punched me in the kidney a few hundred times. My company, thinking it would be funny, sent me Rolling Stones CD. Okay, so it was funny.
Before class I go make an appeal to my ConLaw professor about tonight's class. One on one she is a very nice person. And I have to admit she has ligthened up considerably in the classroom. Still demanding, but a good challenge is welcome. I told her that I did read for her class and her class only, but not very thoroughly. I explained last week's absence, relating the hospital stay. She gave me a pass on recitation for the night. Greatly appreciated! I was feeling about 60%, having tossed my cookies twice already today.

Tuesday:
Work goes very well. I kept my cookies all day. This is a good thing, although my stone isn't rolling.
I remember my professor in Texas Pre-Trial telling us that the first chapter on subject matter jurisdiction was going to be the driest in the semester. I disagree. They all are. This is a very, albeit useful, dry course. And Texas has some very screwy venue rules.

Wednesday: Still Stoned. Work is tolerable. I am staying late tonight to make up the some of the time I missed last week. The good part about today is we have no Conlaw tonight. Prof is out of town. Consequently, not many show up for Evidence later. Hearsay exceptions; admissions of an opponent party is VERY broad. Almost scary. My larval lawyer advice. Don't be a defendant in a suit, if you have a big mouth.
Stro's Win!

Thursday: Stoned. Pain is shifting. Maybe that's a good thing. Funny how pain in a different location brings hope.
Texas Pre-Trial: like I said before this is dry stuff. Tonight is no exception. Although tonight was much like a review of CivPro. It was all about joinder. Stro's Lose. Series 1-1

Friday: Praise be to God! I am 'sober' The little demon seed is gone. No pain.

Wind of Change

2004-10-06T14:01:00.000-05:00

God does make little green apples.

It does rain in Indianapolis in the summer time.

And the Astros are in the playoffs!

Gotta Love it.

A Week in the Life of a Law Student

2004-10-02T15:50:00.000-05:00

Most of this week was spent 'battling' a kidney stone. Not fun, and I hope to never 'enjoy' it again. Sorry about the posts, but blogging has been the last thing on my mind.

Out of Order

2004-09-30T13:10:00.000-05:00

Here it is Thursday already and no posts this week. Well I have an excuse. I was laid up in the hospital for the first part of the week with kidney stones. Not pleasant.
Things should be back to normal now.

Political Humor

2004-09-24T15:28:00.000-05:00

I try, or would hope to try, to keep this blog as apolitical as possible. But since I am a Conservative Christian, it doesn't always happen.

I overheard in these the last couple of weeks and thought them worthy of note.

Why is John Kerry mad at the President for letting the assault weapons ban expire?
The most basic principles of civics tells us that the executive branch (President) can only sign legislation that is presented to him; which he said he would. John Kerry on the other hand is a senator. The legislative branch is the branch who makes the law. If it was so dear to him why didn't he do anything about it?

Question: Why do the Democrats, especially those in Massachusetts, hold John Kerry out to be a hero?
Answer: He is the only senator they have who would pull someone out of the water.

A Week in the Life of a Law Student

2004-09-24T13:32:00.000-05:00

Things are really back into the groove (rut is such a derogative word). My life as a larval lawyer is pretty much - Work, School, Sleep; Work, School, Sleep; etc.

Monday:
Work was very slow. This is good however, because I did very little reading over the weekend. It allowed me to catch up. It payed off too. Ms. ConLaw called on me to recite, and for once I had the right answers.
I can't say enough about my Evidence professor. We finished up "Impeachment Techniques" this evening. The man has some stories. They really made this dry subject bearable.

Tuesday:
Preface:A few months ago I had 3 gentlemen visit my garage and 'borrow' some items. Come to find out they visited many garages that week. Eventually getting caught, I await their sentencing. I will file in JP court and seek a judgment against them for the value of my property, which was ultimately sold.
Texas Pre-Trial is perfect for this task. Heck, my professor even recommend a book on reserve in our library to aid in just such a task. So before class, instead of reading, I trot down to the library to peruse this book. You guessed it, they never heard of it; have no idea what she, the professor, is talking about. My luck. Can't be that hard however. Small claims is geared for non-lawyers.

Thursday:
I chose to skip school tonight. My younger son's school was having a family movie night. (held in the cafeteria) He was very excited about going. He kept using the phrase, "but I will be the only one not there." If have read my other posts you know by now that he is very skillful at 'talking' me into things. This time was no exception. Brother Bear. We have the DVD, but he wanted to go see it again. So, we gather pillow and blanket and head to the school about 5:45 pm. Now I think it will look silly walking into an elementary school late afternoon with a pillow and a blanket. Who knew? Actually, when we got in it looked like we didn't bring enough. There were sleeping bags, lawn chairs, huge blankets and pillows everywhere. Obviously, I am a rookie at this. Our one pillow and small Dale Earnhardt throw was lacking, but we took it like men and went ahead. We picked out a nice spot near the front (and one very loud speaker). Christopher spnet most of his time going back and forth to the concession table getting pizza, drinks, 3 bags of popcorn, and an ice cream cone. I sat and watched the movie with the occasional hand shadows on the screen fomr the kids way up front.
End of the movie and darn if I didn't tear up again. How embarrasing. Christopher spent the last 15 minutes or so of it sitting with his friend while I guarded our meager 'campsite.'
Time to go, and not too soon. I got to spend some time with my son (scarce these days), which I have to say is much better than Texas Pre-trial procedure.

Friday:
Work is so slow. The database is down so I cannot work. Time to work on the outlines. PTL.

Have great weekend!

Referrals - No class notes here

2004-09-22T13:59:00.000-05:00

When looking at the statistics for this blog, I see a lot of referrals coming from search engines. The searches usually involve a search on "law" + "notes" and then a particular subject.
It was not my intention to mislead anyone. If you are looking for class notes, I'm sorry, you won't find any. On the other hand, if you are looking for a good read, sitck around.

Neverending Story (aka The Continuing Power Struggle in Our Government)

2004-09-21T13:11:00.000-05:00

Congress is flexing it's Article III muscle again, and attempting to limit the jurisdiction of the Court.

The House is expected to vote this week on a bill that says only state courts can hear cases involving the pledge. As a result, the Supreme Court could not rule on whether "under God" violates the First Amendment, which says in part, "Congress shall make no law respecting an establishment of religion."

Let's see, now State courts would be interpreting the First Amendment. That's what we need. 50 different opinions as the Constitutionality of the Pledge.

"And the Beat goes On"

A Week in the Life of a Law Student

2004-09-17T10:01:00.000-05:00

Another week. Man, this seems to go so slow. I just want to get through this.

Wednesday:
ConLaw was very good tonight. We actually had a constructive class. We are discussing Congressional Power. It seems kind of scary that a treaty is somewhat of an endrun around the 10th amendment and other Congressional limits. My life has been just fine before I knew this little tidbit, so hopefully...
Evidence is great. We have a great professor. Ex-trial lawyer/Dean of several law schools. This class has really peaked my interest in litigation.

Thursday:
Work is going very smooth this week. It is allowing me put most of my mental resources into school.
Texas Pre-trial is still interesting. We have covered the specific pleadings this week. No general demurrers here in Texas, but special exceptions to the pleadings. Good Stuff!

Friday:
Short day at work. I have my first meeting with the Bar association in my area. I hope to make strong contacts. Little networking here. Work from home after that.

This weekend: Company picnic! HOT! HUMID! Older son has skatingboarding competition this Saturday. Good Luck, Stephen!

Madriz-Alvarado v. Ashcroft

2004-09-16T13:03:00.000-05:00

Here is an illegal alien/drug possessor seeking a writ of Habeas Corpus and reversal of his removal/deportation order. He makes an argument of due process under the 5th amendment.

IMHO - The 5th circuit got it right. The court cites many precedents to thwart Defense's argument. When are we going to wake up and realize - These people are here ILLEGALLY! They are not citizens. Why afford them any protection under our laws?

Law and Order Receives Honor

2004-09-15T11:32:00.000-05:00

My favorite prime-time drama gets a street named after the show.
Also Dennis Farina joins this year. Great actor!

Assault Weapons Ban

2004-09-13T10:20:00.000-05:00

So, the assualt weapons ban will expire today. As a proponent of the second amendment (I'm from Texas, how could I not be?), I say great! In reality, it doesn't mean much.
The weapons and magazines that were 'banned' have been available throughout the last ten years. Large capacity magazines are plentiful at my local gun shop and at many gunshows in the area. The assault rifles are always on display, although the ban has inflated the price.
Candidate Kerry, mentioned last week that as a hunter (I'm sorry I do not have the exact quote) that he has never hunted with an assualt rifle. An assault rifle is the only rifle I own. When I go hunting, that's what I take. It is very accurate and, being gas operated, very comfortable to shoot.
Don't knock it until you try it, John

A Week in the Life of a Law Student

2004-09-10T16:00:00.000-05:00

Monday:Holiday, no school!! Kinda feel like a fourth grader. No reference intended to my ConLaw class.

Tuesday:
Wow! Everything seems to slow down. Back into the groove.
Work goes very smooth. I get a lot acomplished. I am doing some minor changes to the last project. It's an intranet web application for a local corporation.
Tonight is Texas Pre-trial procedure. The interest level has picked up some. We are covering special appearances. One thing of note is that the burden of proof is on the defendant to show no personal juridiction. This is opposite of the federal rules which put the burden on the plaintiff (civil).
Recitation in this class is alphabetical, and we must stand to recite. Well, if you miss your date, it's five points off the final grade or you recite for the entire time during the next class. The poor sap tonight had done just that. He wasn't ready when his name came up, so he stood up for the whole 90 minutes. I think I would do the same. I need every point I can get. He did a good job,though.

Wednesday:
Work continues to move forward. I got stuck on some silly SQL statement late in the day. Hopefully, I can get it straight tomorrow.
Let's talk ConLaw: I came into the class feeling quite ready. The discussion is foreign affairs. As luck has it, tonight I am one of the few to whom she directs questions. First questino out of the bag, "Mark, tell us about the Curtis-Wright case." I froze. I had spent most of my reading on the Hamdi case. I wanted to get all the intricasies out of each of the 4 opinions. I uttered something I thought would appease the inquisitor, but nope. She moved on to the next person leaving me with that feeling. You know that feeling where you had your chance to shine and the lights went out. Passed over.
We did get to Hamdi, however, and she wasn't done with me. I answered most of the questions I think to her satisfaction. One problem I found was that everything i thought important to the case, was only incidental. The main reason the case is so important escaped me completely.
After that, I just wanted to leave. I was more than willing, glad in fact, to head home when my wife called saying she really needed me to leave early.
So, I told my Eveidence professor I had to miss and left.
Thursday:
Work is just work.
Class tonight is rather different. My professor is out of town, so, we have a video lecture. Tonight's topic - TROs (Temporary Restraining Orders) and Emergency Writs. Interesting subject because now we actually are learning something that we can use and not just theory.
Now I am not the fastest typist in the world. This lady is talking a mile a minute. I can't keep up. I resort to following along in the book, making mental notes of what is important hoping t read it later. Which I do before bed. Seeing me floundering in the note department however, the guy sitting next to me offers his notes to me after class. Who said lawyers were heartless? I'll take my "JumpDrive" to class next Tuesday and retrieve them. Many thanks!
Friday
No class, and the weekend is here. Nothing new to report in the work department,but we did have a little excitement today.
While sitting at my desk I hear the tell tale sounds of tires screeching followed by a loud bang.
Now, my building sits at a fairly busy intersection. Wrecks happen at least twice a month. Usually no one gets hurt, and it breaks up the normal day.
Today, however, Driver A gets spun around because he pulled out in front of another car. I see the other car, and there is not much damage. Driver B seems fine, as does her adolescent passenger. B is running around with papers in her hand, slightly panicked. I guess that is to be expected.
A ,however, is hamming it up. (I don't want to make light of any injuries he really may have) Even when the ambulance shows up there is no sense of urgency in the paramedics. Just watching this unfold, I could hear my insurance rates going up. Thanks, you A.

Parking Legally (or at least trying to)

2004-09-09T14:18:00.000-05:00

Around our law school there are various parking options. The school has two students lots, both of which cost $2 per day. There are other per day lots, $5 and up. Or you can contract with some of the garages around on a monthly basis. The cheapest by far are the parking meters next to and within few blocks of the school.
Since, we only have to pay to park until 6pm, it becomes quite economical for night students who arrive around 5pm. Rates are anywhere from $1.00 per hour down to 10¢ per hour if you don't mind walking a bit. I usually park in the 50¢ per hour spaces.
That said, I swear these meter maids are coming out of my trunk. As soon as the flag turns red, there they are with their little machines. They click away and deposit some green paper on my car. To me there ain't nothing lovely about Rita. Sorry, Paul.
Well, last night, I arrived at school at the usual time (around 5). Put money in the meter. Oh man, only 45¢. I scoured my car for one more nickel. Nothing but pennies! Okay, not to worry it's only 6 minutes. What are the odds that between 5:54 and 6:00 Rita will pop out of my trunk. Damned if she didn't. That familiar green envelope was waiting for me when I got to my car. $25.

This would not be so hard of pill to swallow, except for the fact that I should have parking ticket credit. The city owes me one free violation!
The week before school started, I was heading to my car ready to leave, and I caught Rita making her deposit on my windshield. I still had 21 minutes left on the meter! When, I pointed it out to her, she took it back not saying a word. Not trusting Rita and that demon machine, I made note of the date and waited. Sure enough, 3 weeks later I get a notice in the mail of my violation.
You know I could fight it, and probably win. But it would take at least two hours out of my day, for $25. I know there is a principle involved, but I can't justify it.
I would probably come out better parking in the student lots for $2 per day.

Grandiose Intentions

2004-09-07T13:37:00.000-05:00

After telling my ConLaw professor last Wednesday that I was unprepared, I had planned to make it up this weekend and be ultra-prepared for this Wednesday - no class on Labor Day. I envisioned an elaborate brief of the Hamdi case; ready to answer, in minute detail, any question regarding the facts, the jusctices' opinions, the justices' spouses' opinons, the weather the day of the opinions, or anything else my professor could think of that would affect the opinions.
Not so tall an order from a Wednesday, looking at a 3 day weekend and no class for a week.
Soon it was Thursday. Then Friday night Bible study.
Well, Saturday I had to take the car in to get serviced. I stayed too long and bought another car. That took all day. (Another post entirely).
Saturday night is church. Can't read a law book in church. Pastor talks too loud to concentrate.
Sunday, yes Sunday I started to read. Started the Hamdi brief. I have plenty of time.
Sunday night - Family came for dinner, and oh, the NASCAR race. Couldn't miss that. Dale Jarrett is almost in the top ten.
Monday - read some more, but had tickets to the baseball game. Great seats. We won 11-5. Go 'stros.
So, it's Monday night and I did finish reading. I never finished my 'brief to end all briefs,' but I know the case pretty well. I will post later on my take of the Hamdi opinion.
Sometimes, life is, well, sufficient. I am prepared for class; I have a much more practical vehicle; and I had a great time with my family at the ball game.
It was a very different weekend than I had planned. But, I see how much better it turned out.
I could have buried myself in books and notes this weekend, and for what?

A Week in the Life of a Law Student

2004-09-03T00:24:00.000-05:00

Monday
Everyone is back in school today. I pray for a normal week. My hornbook for Evidence came in late last week, however I didn't get much chance to read any of it. So, I brought it to work with me to peruse during any downtime.
ConLaw – Our professor was quite happy tonight. The unlucky student whom she targeted tonight had most of the right answers. You know she can only yell at us for another 12 weeks. That is reassuring somehow. Anyway, the class went pretty well, but for some strange reason is becoming sparse.
Evidence – We wrapped up relevancy tonight, and Wednesday we get started on Character Evidence. It looks big. Lots of reading. I have the Sum&Substance CD, but the guy on there talks so fast, I cannot always understand him. You try saying "cupable conduct" as fast as you can and see how it sounds. Gees.

Tuesday
We are still trudging through the long arm statute and personal jurisdiction in Texas Pre-Trial. Freecell isn’t even helping at this point.

Wednesday
Things get busy at work. I have started a new project, but there are minor changes to the last one.
I have my one year review today. Nice steak lunch. Hmm Mmm.
Needless to say, I get no reading done for school tonight. I really have to start reading for the week on the prior weekend.
So, before class starts, I reluctantly tell my professor (ConLaw) that I am not prepared; expecting the wrath of God to descend on me. But, to my amazement, I get “That’s okay, I won’t call on you.” This is not the same woman that met us on the first day. My professor has been abducted and replaced, I know it.
Either way, I am relieved.
Evidence is long tonight. We are covering character and habit evidence. The prof organizes it really well and, even without reading, I have a fairly good understanding. I will read the Hornbook this weekend to get more.

Thursday
My older son is sick now. He is staying home with a fever and sore throat. This must be the remnants of last week come to roost on someone else. Nope, Doc says it is strep.
Work is uneventful, I mean it’s work.
Pre-trial is slightly better tonight. We actually got into some practice tips and the different ways to proceed during service of process or lack thereof. It kept my interest.

Friday
Day 2 with sick son. He actually wanted to go to school this morning; concerned about the amount of work he is missing. Never have I heard that from him. Praise the Lord. Something is working!

Weekend: READ! READ! READ!

Don't bomb me here!

2004-09-02T15:13:00.000-05:00

Hamas issued its own statement from Damascus, accusing Israel of trying to provoke a confrontation and insisting its actions against Israelis are planned and executed from the Palestinian territories, not Syria.

Comment:
As long as your base of operation is elsewhere, I guess you are immune from attacks.

Paddle Ball

2004-09-01T15:45:00.000-05:00

My son, the 6 year old, excels at manipulating me into buying him some small trinket everytime we go to the store. Cunning little guy. Couldn't be me.
Anyway, last night was no exception. We're walking into WalMart and he asks, "Can I buy something for one dollar?" I quickly hand him my last two dollars. See what I mean? I never saw it coming.
Once inside, we trek to the toy aisle where he has learned that one or two dollars won't go far. Although I am certain that with time he will learn the correct way to free the amount he needs from the steel trap that is my wallet.
So, he decides to purchase a set of jacks and two balls (two player he says), and a 'Finding Nemo' paddleball. Both $0.88.
Once we get home he asks me to show him how the paddleball works. Right.
Now, I know how it works and I have seen it in action. But I am paddleball challenged. I can usually hit it the first time and sometimes the second. After that the ball, takes on a life of its own. I mean I am putting eyes out with this thing. My son lets me try to show him, but soon backs away.
After the mayhem has subsided, I hand it to him. 20 minutes later he is knocking the stuffing out of that ball like it was second nature to him.
In 42 years, I haven't figured the thing out, and believe me I have tried. Much to the chagrin of those around me.
Him, 20 minutes ... I don't understand it.

Yanking the Carrot Away

2004-09-01T15:33:00.000-05:00

My dreams of working for my 'ideal' firm are shattered.
I find out yesterday that they (Fulbright & Jaworski) will only interview the top 5% of the 2Ls.
Great.
That means all A's including at least one A+ in every class this Fall, Spring and Summer.
Possible, but highly unlikely.
I have a glass ceiling at B+. Oh, well.
Here's a strange coincidence: Fulbright calls my office today inquiring about IT services. I currently work as a software consultant. So, who
knows what that will bring.

Article Ideas

2004-08-31T13:08:00.000-05:00

I don’t think that writing an article for a legal review/journal would be that difficult, but the topic is so elusive. I had two, what I thought to be very good, topics. So, I log into Westlaw. Remember that online legal resource that spoils us in law school. I search the Journal / Law Review database for one of my topics. Bam! (my kid’s word) An article published in 1994 right on point. This lawyer read my mind – or something like that. Ten years ago though, hmmm, I’m not quite sure how that works. Anyway, I didn’t know whether to be disappointed that my topic was old news, or pleased that I came up with a publishable topic.
I still have one other to look into. Wish me luck!

Summer Grades Finally In

2004-08-30T12:24:00.000-05:00

My grades for summer are in. B+ in Federal Income Tax. B+ in Property II. The grade in Income Tax was a gift from the Lord. I don't think I did near that well. Anyway, this puts me on the Dean's List again. Looks good on the resume.

A Week in the Life of a Law Student

2004-08-27T10:26:00.000-05:00

I borrow this column from CrimLaw. My apologies to Ken should he find this inappropriate.

Monday
My little one, Christopher, had a really bad night. Fever of 103. So, Dad takes him to the doctor. Doc says, "..ahh wait a few more days, then we'll see." I am paraphrasing of course.
This puts me late to work.
Work was rather mundane, and I had little time to refresh for tonight's classes. ConLaw and Evidence. Tonight will be the first night since our berating in ConLaw last Wednesday. Too long of a story for this post, but maybe later. But we are all anxious to see how she will treat us this evening. We start Ripeness and Mootness this class. Things go pretty well. Tonight we are not the snivelling fourth graders we were last week. May be she just had a bad day last week.
Evidence is always fun. I have a great professor. The class starts back reviewing the relevancy two-step. We know the moves, but have no rhythm he says. That rhythm word is 'substantially'. The prejudicial value must substantially outweigh the probative value to be excluded. Common sense, right. He ends the class by playing 'La Bamba' and making everyone get up and dance. Okay, so I didn't exactly dance, but I'll never forget the relevancy two-step.
I drive home and get in about 10; to bed around 11; and wake up at 6 to start it all over again.

Tuesday
Christopher is still running fever. Ibuprofen keeps us all sane. Today he'll spend the day with his 'Nanny', my wife's mother. He ain't gettin' better. What was that doctor thinking?
Class tonight is Pre-Trial Procedure. This session is starting personal jurisdiction and the long arm statute. It is going to be boring. Pretty much just a review from Civil Procedure in the Spring. She keeps telling us that these are the monotonous classes and that later in the semester it will pick up. When?? This is my only class so I get home fairly early, 8:00.

Wednesday
Last night was particularly bad for poor Fer. His fever shot up to 104.2. Not good. I got him in a bath for a few minutes and he felt quite a bit better. Ibuprofen kicks in way too slow. My wife will take him back to the doctor in the morning. Sleep is a luxury this week.
Fortunately, I am wrapping up this current project at work so I have some down time. I go over the cases for ConLaw. Whew! Baker v Card is a tough case. The Sum&Substance CDs kinda gloss over it, but I know this lady, she'll want us to discern what the justices ate that morning.
Evidence isn't much better. Statistical Evidence. Bayesian theory.

Class Time. Well, we didn't get the chastising like a week ago, but she got pretty hot again. Instead of yelling, she quickly called for a 5 minute break so we could figure out the answer she was looking for. It's kinda funny. Almost like a teapot. A few confused students or wrong answers and she starts to boil. But, one correct answer will simmer her down for a while.
No dancing tonight in evidence, but he made the statistical stuff make sense.
I wonder how my little guy is doing? He'll be asleep by the time I get home.

Thursday
Better night. The doctor still wants to wait it out with maybe a spinal tap next week if it hasn't abated by then. He has ruled out 'mono', pneumonia, west nile, and strep. Not bacterial, but viral. So, we wait. I'm gonna buy stock in Walmart's ibuprofen vendor.
Pre-Trial procedure - Texas Long Arm statute. This is really dry stuff. Hard to stay focused. A quick game of Freecell on the laptop makes it a little more bearable.

Friday
Christopher's fever is backup this morning, but only to 100.5. This looks good. Maybe he is getting better. The doctor is calling in a antibiotic for his congestion. So things should get back to normal. He really needs to get back to school next week. First grade.
No school tonight, but work is still here. I started a new project today that should take me into first quarter 2005.

Law Review vs Published Article

2004-08-27T10:11:00.000-05:00

I think that most law students strive to get the best grades they can. I also assume that most would like to get the best job available. That said, many law firms have preferences to participation in Law Review or Moot Court competition. That is fine, but not all students have that opportunity. This is especially true for part-timers like me. I may be an especially good moot court litigator. I might make Law Review. Nevertheless, I have a full-time job; a mortgage to feed; and a family that I am sacrificing. All of this on top of law school. Where would I find the time to participate?
What I might find the time to do is to write an article. Should I be able to get it published – even in the lower ranked reviews – is this as good?
What exactly is an employer looking for when they prefer Law Review? Is it extracurricular activity? Is it research skills? Is it writing ability? If the answer to these is yes, then it seems that publishing an article would meet all of the above.
I would really like some feedback on this … what are your thoughts?

This Post Has No Title

2004-08-26T11:25:00.000-05:00

I hate introductory speeches, so you'll not get one here. Hopefully, as you read this blog, my character and who I am will flow. From that you should get to know me.
I will try to post at least once a day. If not for you, the reader, at least for myself.
So, welcome aboard. I hope you enjoy the ride.

Christening the Boat

2004-08-26T11:16:00.000-05:00

A law professor once told me that "... lawyers want everything in writing; except when it comes to their own words." We will just have to see.