Tuesday, December 02, 2008

Top Ten Ways You Know You're a 1L...

[This is cross-posted to my MySpace blog]

10. When making plans with friends, you make sure you let them know that this is just a social promise.

9. You can't read a billboard, window sign, or other posted ad without analyzing it to see if it contains all required elements to make it an offer and not just an ad.

8. Your family members are very careful not to use words such as "promise," "duty," "cause," or "guilt" without first informing you that they are not being used as a "term of art."

7. You now need to stop in the middle of a sentence to take a breath.

6. You find yourself analyzing news stories about negligence or defamation to see if they have enough facts to meet all the required elements.

5. Your family members can name all the defenses to intentional torts.

4. Your kids/spouse/significant other can name the four ways to show malice exists in a homicide fact pattern.

3. Your spouse/significant other threatens to do one or more of the following before midterms and/or finals: disown you, sedate you, rent you a separate apartment/hotel room, or take an extended vacation without you.

2. You are no longer allowed to watch: NCIS, CIS, Law and Order, Cops, or any other show that features law or police work because you can refrain from commenting on how they get xyz wrong.

1. You begin every answer to a question with, "Well, it depends on the facts of the situation..."

Wednesday, November 05, 2008

Prop 8 and Law School

Important Disclaimer: I AM NOT a practicing attorney. NONE of what you read here is legal advice. If you need legal guidance - get an attorney. If you plan to challenge Prop 8 - get an attorney. If you plan to defend Prop 8 - get an attorney. I still have 2.5 years and a really nasty exam before I am qualified to give legal advice.

*sigh*

The alleged passing of Prop 8 (and I say "alleged" because until the Secretary of State signs the official returns declaring the CA election OVER, it hasn't officially passed.) has raised some interesting legal questions and placed many individuals in legal limbo over whether or not they really are married. As someone who personally knows people stuck in this legal purgatory, I feel badly and want this to be resolved as quickly and directly as possible.

As a law student, however, the legal limbo is fascinating. Not only because I now somewhat get all of the legal discussion that went on over Prop 22 when it passed, but because we are now revisiting that discussion from another perspective because basically the CA district court said to CA - "that isn't our area. We adjudicate laws and determine their constitutionality. We don't define social policy. That isn't our job. That is the job of the legislature and the voters. If you want to have a black-letter definition of marriage, then you need to go to the voters and have them vote on what marriage is."

Voila - enter Prop 8.

But this is the interesting thing - if my timeline is correct, Prop 22 was still in the litigation process when Prop 8 was in the petitioning phase. The constitutional issues were still being decided. The CA supreme court decision in May 2008 happened while Prop 8 was being petitioned and submitted for the November ballot.

So did we Californian's manage to field a Constitutional Amendment that was potentially unconstitutional according to our own State Supreme Court?

Now there's an interesting question. Which brings up another interesting question - if the amendment was submitted even though it was, potentially (according to the CASC's May 2008 ruling regarding the definition of marriage) unconstitutional at that point - who okay'd for it to go on the November '08 ballot in the first place? Isn't there supposed to be some type of "gatekeeper" to keep laws and amendments that conflict with our current constitution from getting on the ballot to begin with? And if the amendment is determined to be ok, should it still be added to the constitution with less than a 2/3rds majority approval? What do we do with that?

And now what do we do for all the couples who are stuck in this legal limbo? Do we continue to issue marriage licenses? Do we file "cease and desist" orders to county clerks so that they do not continue to issue marriage licenses to same-sex couples? Do we file restraining orders against the State regarding enforcement of Prop 8 on behalf of same-sex couples who are seeking marriage licenses until their legal status can be determined? Do we petition for the State to continue to recognize same-sex marriages until this legal limbo is resolved--bearing in mind that Prop 22 passed in 2000, and AB 849 - a legislative bill aimed at removing gender-specific language put in place by Prop 22 - was vetoed by Govenor Schwarzenegger in 2005 and it was only in May 2008 over 8 years later that the final issue of constitutionality was finally resolved with regards to Prop 22--is it really fair for them to have to wait another 8 years for this to work its way through the legal system a second time, and then have to repeat the process of applying for a new license and incur the expenses of having their marriage legally recognized all over again? For some of them it will potentially be a third visit to their county clerk to obtain yet another marriage license - because the first two aren't legally binding.

It's an interesting question. One that provided lots of wonderful fodder for 2L Constitutional Law students to chew over in class - and completely derail the class with. (Sorry about that, Professor Kaufman) But no matter how interesting a question with all sorts of chewy angles to legal theory and precedent it presents, I keep returning to the ugly realization that these are real people, stuck in a real legal tangle, that the only way out of is through the litigation process.

And not just a simple litigation either. This is not a traffic violation, or a failure to appear for jury duty, or one of hundreds of other garden-variety legal issues that are filed, scheduled, litigated, and decided on a daily basis. This is an issue that deals directly with the larger structure of government - the State Constitution, the constitutional amendment process, and how we write and pass laws in this state.

One of our "take away" questions in Con Law class at the end of the evening was the question of bias. Everyone has personal opinions which slant their opinions. For example, my opinion is currently slanted in a direction that favors the legalization of same-sex marriage. Why? A large number of reasons, one of the most important being that restricting someone else's civil rights because of a personal prejudice endangers my civil rights as well. There are others who would disagree with me. That's okay. Discussion is good. Dissent is good - it helps clarify what is important and why. It also helps dispel fear and prejudice if the discussion and dissent occurs without hate speech and mudslinging. And while it might not change someone's opinion about what they believe to be right, it will hopefully have raised the level of discussion to something that is more reasoned and insightful rather than driven by fear and dislike of something that is new, different, and maybe threatening.

But when all the legal paperwork has been filed and the different groups have lined up to take their best shots at the other side and it comes down to Supporters of Prop 8 v California Constitution and all the politics and ideology that characterizes a Supreme Court battle, we should never forget that the constitutional legal process is about real people that deserve to be treated equally under the law, no matter who they are or who they choose to marry.

*sigh*

Friday, October 24, 2008

TGIF

It's Friday of the October 2008 "boot camp" weekend. Which means that right now about 200 Concord 1L and some 2L students are sitting in a ballroom at the Marriot Hotel in Ontario, CA taking the mock FLYSE exam. (Thankfully, I passed it in June, so I am not having to repeat the exercise.)

This evening I will be joining them at the SBA Activities Fair and reception that will also be held at the Marriott. It will be good to see the gang again and hang with some of the faculty that made it out for the weekend. Paul, Miriam, Jeff, Heather, and Carol will be there. I'm hoping that Jan will come as I have seen pictures and heard her, but haven't yet met her face-2-face.

Work continues as usual. Today we received the update on the LLU/AUC "bailout." Basically, there is no news. Talks are continuing. There are no plans as yet other than to go back to the table and continue negotiations. Personally, I think it would be interesting to bring La Sierra U into the mix and start a bidding war for the east coast campus, but that's because I think that La Sierra could do a lot with an east coast campus that would enhance both the current programs at La Sierra and help AUC develop its own identity - but they really want Loma Linda and they haven't been very open to offers from other campuses.

On a more personal level, I'm starting to get into microlending and microfinance. I joined the Kiva organization and signed up to receive profiles and news related to lending opportunities. I purchased some ducks and chicks from Heifer International to go to some villagers. I received a nice thank-you from the organization. Mostly I'm trying to find some direction and decide "where to go from here." It seems to be part of the 2L year. I have several friends who are in much the same place - not quite sure that they're where they want to be, but not sure where they want to head either - they just know that they want law practice to be a significant part of it.

Wednesday, April 30, 2008

Mommyhood and Law School I

I have found that being a mom and being a law student isn't necessarily a good combination. As a parent, you're supposed to teach your children how to behave in polite society. The very decision to go to law school immediately calls into question your ability to accurately assess your child's progress toward that goal.

For example, I have two children. B. is 5 and A. is , and I know that as part of my Duty To Society, I'm supposed to teach them certain things about getting along with other people. As a parent, you teach your children that it is not okay to hit another person. Ever. In law, however, there is the recognition of a right to self-defense. I knew I was in trouble the day B. came over to me and said to me, "Mommy, A. hit me," and my response was "were you doing something that made her feel as though she needed to hit you?" Because as a mommy - that's the WRONG ANSWER. Any mommy knows the RIGHT ANSWER is "TIME OUT AISLINN." So already I'm in trouble because my mommy brain and my lawyer brain are getting into it.

Mommy brain: A. needs a time out.

Lawyer brain: A. had a legitimate right of self-defense, Brianna pinched her hand and took away her cookie.

Mommy brain: So, put B. in time out too.

Lawyer brain: But that isn't fair to A., she was just defending her space. Legally, she's done nothing that warrants a penalty, civil or criminal.

Mommy brain: But you're not supposed to hit other people...

Lawyer brain: Why not? B. took her cookie....

I went into the bedroom and told my husband that he had to deal with it.

Now in the first year of law school you take Contracts. And to paraphrase from Robert Fulghum, "All I needed to know about Contracts I learned in Kindergarten." Contract Law is all about creating economic fairness. This is not something you need to teach to a toddler. They already know what is fair, and how it should be applied, and my children were no different. All they lacked was the proper vocabulary to express it. Uh-huh. And I, being a 1L, needed to practice all this new vocabulary that I'm learning to apply. So, my children very quickly learned such words as negotiation, express term, discussion item, material term, and performance. This went along just great until my 4-year-old decided she didn't want to get ready for bed one night and informed me that "this was not a discussion item." That was when I learned that toddlers don't stop with the concept of economic fairness, they'll apply contract principles to any situation that doesn't seem fair, and they don't care what the rules about that are.

Motherhood teaches you to multi-task. Ask any of the motherhood gurus and they will tell you that downtime is found time - and one of the best places to find time is the daily commute. Now remember, I'm a law student - which is shorthand for obsessive compulsive individual who believes that studying is a competitive sport. And I'm a mom, which means that I spend one bazillion hours a day in the car, which my multitasking brain quickly discovered could be converted to study time. Record the lectures, plug the iPod into the car stereo system, and I easily had two hours of study time. Motherhood gurus take that, I thought smugly. Drive the carpool AND study. Which lasted until the conversation which will forever be remembered in the Greene household as "the great cookie incident."

I was studying the rules on intoxication defense, what are they, when do you apply them, how are they properly applied, and for those of us who are really looking for the extra credit - how long the half-life of an alcoholic beverage is so that when you see it on an exam question, you can - in your head - calculate just how much of that alcoholic beverage is still likely to be in the bloodstream and accurately assess whether or not the individual that is profiled in the question is likely to be legally drunk. That lecture was the number one hit on the carpool chart that week - because the 2L students had told the 1Ls that this was a favorite on the criminal essay exam - pitch a question that has a potential intoxication defense. And midterms were a month away (which in 1L terms might as well be next week in terms of when to start reviewing for them).

So, then we hit kid bedtime - which for my 5-year-old is the time to start seeing just how close she can come to breaking the rules without actually breaking them. And I (being a good mommy trying to accomplish the goal of raising a socially acceptable child) gave her a warning. To which she answered, "the sugar in the cookie that I had for lunch is causing me to be bad."

And then it happened. My inner law student took over. The words came out automatically from somewhere far beyond my socially acceptable mommy persona: "Voluntary intoxication is an incomplete defense. The cookie might be influencing your behavior; however, you are still responsible for it. Moreover, you had the cookie for lunch over 4 hours ago, which means that any resulting influence from the cookie is no longer valid, as sugar does not remain in the system that long so blaming your behavior on your cookie does not constitute a valid defense in this case." And as soon as I finished speaking, I slapped a hand over my mouth because I realized that I did something that is JUST NOT DONE! as a mommy. EVER! And I had one of those moments that every parent has at some point - the overwhelming desire to hit the "rewind" button on life and try again. Because in the immutable rules of mommy hood, you never do ANYTHING that could damage the child's self-image. But before I could say anything, I knew that I was in bigger trouble.... Instead of bursting into tears at my insensitivity, my daughter merely looked at me with an appraising look and asked, "so how long ago would I have needed to eat the cookie?"

We went back to listening to Radio Disney.

Monday, March 10, 2008

Finals are Coming !

T-minus 3 days 18 hours
Current mood: angsty

Finals are coming. Yep - and it seems like just a few days ago was mids. I have one more lecture and then I'm eligible for the drop policy.

Yes, my brain has well and truly melted.

If you can read this:

§ 2-206


and recite exactly what goes along with this along with all the rules, elements, and exceptions, then you are definitely a 1L getting ready for finals.

(For those of you who are not 1L's, this is the section of the UCC code that deals with acceptance of an offer and acceptance of goods following a shipment and how 2-206 modifies 2-205....I could give you the rule statement and elements too, but I don't think you really want the whole lecture. LOL!)

Eeeeep!

I'll feel much better when this is all done.

~ JM

(crossposted in MySpace)

Sunday, February 03, 2008

Coundown to Finals

Module 25 - 1 down 3 to go!
Current mood: blah

Well -

I have met final exam eligibility for one class. However, in order to actully SIT for the exam, I have to be eligible in all four. Five weeks before probation closes. I plan to have full eligibility by the end of the weekend. Should be doable.

Tomorrow is the FLYSE orientation. At this time last year, I was just finishing up 1L pre-orientation and getting ready to order my books. I thought that a year would take a LOT longer. HA! Now I'm almost finished and I'm like "hey wait a minute. I'm not ready to sit for boards yet!" (I wonder if this is how med students feel when they realize they're about to sit for boards. Hmmm. I will need to ask Gina this.)

So, now I'm off to do more reading.

Have a good weekend everyone!

(Crossposted in MySpace)