Tuesday, September 27, 2005

Oh Vetter, you so FUNNY...

These are a couple funny things said by Prof. Vetter in CivPro today. Imagine these quotes delivered in a completely monotone, deadpan voice.


"What's the difference between a motion to dismiss for failure to state a claim and a motion for summary judgment? It's not a hard question. I guarantee you that this question is really really easy. Somehow students always seem to confuse the two. But I guarantee, I represent to you, that this is really, really easy!"

[to a student who was stumped on a question] "I'm not trying to surprise you. I'm not trying to make it hard for you. I'm not trying to ambush you... though I'm not above that... but that's not what I'm asking.

Haha okay so these might not be that funny right now... I guess it's one of those "you had to be there" things...

Monday, September 26, 2005

Funny, I usually like the color blue...

Here's a pop quiz: what's wrong with this legal citation?

See Electronic Enterprises Co., Inc. v. Davenport, 457 F. 2d 997 (N.D.Cal.1972).

Well everyone knows its supposed to be:

See Elec. Enters. Co. v. Davenport, 457 F.2d 997 (N.D. Cal. 1972).

DUHH...

[---]

So today I had to go to a Bluebook training session for the Berkeley Technology Law Journal (BTLJ), of which I am a part. The session lasted for two hours and it_was_excruciating. Let me tell you a little something about the Bluebook.

This is a Bluebook:



As you can see, it's in its eighteenth iteration.

The Bluebook is this little guide created and refined by a group of anally-retentive law students and other scholars over the course of the last 50 or so years. Within this dense little piece of work are guidelines to to properly and uniformly citing or abbreviating pretty much anything you would want to cite or abbreviate when working on things like legal memos and law journals.

There are 415 pages in this edition, and they cover every possible instance of well, anything. Take for example the almost 200 pages of tables and reference charts that tell you how to properly cite and abbreviate every law journal, statute, treaty, court, and periodical in existence. After looking through this, I had only two words to say: holy poop.

In order to ensure that people looking at a citation in a law review or a legal memo don't have anally-induced shit-fits, The Bluebook is very precise about where and when to place periods, italics, underlines, and even spaces, to ensure that all citations look the same wherever you see them.

Some examples of Bluebook uber-anality:

  • Never begin a quotation with an ellipsis. If using an ellipsis at the beginning or end of a quotation, use four periods with each separated by a space. If using an elipsis in the middle of a sentence, use three periods separated by spaces, unless there are more than two sentences being quoted at which point you use four periods.
  • When making parenthetical notes, begin it with a present participle and do not place a period inside the parentheses, unless it is a sentence quote, at which point you put the period inside the parentheses and outside the parentheses, unless the quote is more than 49 words long, at which point it cannot be a parenthetical and must instead be a separate block quote.
  • Use "Id." in place of a full citation when referring to the citation immediately preceding it. The period at the end of Id. must be italicised. Use supra instead of Id. when referring to previous cites not immediately preceding. Supra is not acceptable in legal memos; they can only be used in legal publications.
  • When using the phrase "see, e.g.," the first, but not the second comma is italicised.
  • When citing cases, place a period but no space after abbreviations with single letters and numericals, but place a period and a space after abbreviations with more than one character.
This is just a taste of the anality contained within this tome. Imagine rules like these going on for about 415 pages, and you have an idea of what I have to deal with when I start cite-checking and proofreading articles for the journal.

I foresee myself hating The Bluebook very much, and it's a shame because it's a really nice shade of blue...

Sunday, September 25, 2005

Law School: Behind The Scenes, Part 2

Class

Everyone talks about the Socratic Method and how scaaaary it is. Now I don’t know whether it’s because I go to a more laid-back school or whether law school just isn’t as bad as everyone says, but getting cold-called in class isn’t any different from the class discussions I had as an undergrad. As long as you do the reading, you won't find the questions hard, and even if you are completely clueless, the professor will either help push you in the direction he wants to go, or move on with the lecture. In other words, don't worry about being humiliated- everyone else is just as worried as you. In fact, the cold-calling is pretty limited in all my classes because there are usually a good number of people in each class who are willing to raise their hand and volunteer answers or ask questions.

The "lawyering skills" class is something that has developed more recently, as law schools realize that they are as much a professional school as an academic institution. At Boalt they call it Legal Research and Writing (LRW), and next semester it’s called Written and Oral Avocacy. In LRW, we learn to read, research, and analyze cases and then write legal memos. Next semester, we learn how to make oral arguments, etc.

The entering 1L (use that term instead of "first year law student", and you'll sound much much cooler) class for my year was about 266 people, split into 9 modules, or "mods" of about 30 people. The idea is to encourage more personal contact, both with fellow students and the professors. My Contracts and Crim Law class are big "lectures," in which they put together 3 mods, for a total of about 90 people. They're the biggest that classes get here, and considering the fact that they're under 100 people, it's not too bad. My Civil Procedure and LRW classes are with my mod only, so those feel very cozy, like the average undergrad discussion section.

[---]

"So what's the reading like? Isn't it supposed to be overwhelming or something?" Stay tuned for part 3!

Thursday, September 22, 2005

Sometimes there IS such a thing as free lunch...

I just came from a weekly speaker lunch held by the Berkeley Center for Law & Technology. The speakers today were a couple of lawyers from Latham & Watkins, and their talk was about patent law and patent reform.

Both of the lawyers were involved in patent litigation (the defense of patents that a company holds - not to be confused with patent prosecution, which involves just applying for and acquiring patents). As they talked more about the field, the more interested I became in intellectual property law in general. Yeah, patent law probably sounds pretty boring, but I mean, c’mon! How cool would it be to defend a company’s patent on sippy-cups (something one of the lawyers was actually working on)?

Another thing I took away from the presentation was the view that the patent process needs to be reformed. With patent approval rates of 85-97%, it seems like you can patent almost anything. And people have tried. Did you know that somebody actually patented a peanut butter and jelly sandwich?

Lunch was tasty too. Lasagna, salad, and little mini-éclairs. Somehow, food always seems to taste better when it’s free.

Wednesday, September 21, 2005

Food for thought from Crim

Can you be held responsible for crimes committed while you’re drunk, if being drunk means that you didn’t have intent to commit them? Haha this is probably something you lushes out there would be interested in knowing...

Prof. Westen: "Sometimes it's okay to get wildly intoxicated!"

Tuesday, September 20, 2005

It's Constitution Day!

...okay Constitution Day was actually on September 17, but don't tell the Constitution that, okay?

As many of you [probably don't] know, Congress recently passed a law creating Constitution Day. It was created with the intent of ensuring that kids around the country learned about civics and the awesomeness of the Founding Document by requiring all public institutions of learning to provide educational programming about the Constitution.

Boalt's contribution to that was this nifty panel discussion held today during the lunch hour where Dean Edley and other faculty and notable legal people talked about the challenges the Constitution faces as the world continues to change in ways the Founders never dreamt possible.

Anyways, I went to check it out because Dean Edley, John Yoo, and Judge Fletcher were there.
  • Dean Edley's wry sense of humor is always amusing, and he didn't disappoint.
  • John Yoo is somewhat infamous in the political and legal world because he worked for the Bush Administration, where he wrote a series of memos justifying torture in the name of the War on Terror.
  • Judge Fletcher is a judge on the 9th Circuit Court of Appeals, which is cool in and of itself. But it was also nifty to see him because he is one of the three guys who wrote my Civil Procedure casebook.The other two teach Civil Procedure at Boalt and Penn Law (Tyler actually has one of them for his CivPro class).
  • The other speakers were also good. Jesse Choper wrote a Constitutional Law casebook that I read as an undergrad. Erin Murphy just joined the law school faculty




It's pretty mind-blowing to be in the presence of legal minds like these. The resumes for each of these guys is HUGE. My only gripe about this event? No free food. :-(

Law School: Behind The Scenes, Part 1

Courses

Okay so for those of you who aren’t aware, the first year courses are the same at every law school:

Contracts
Civil Procedure
Criminal Law
Torts
Property
“Lawyering skills”

What most people aren’t aware of is that this means that during your first year, you’re going to learn the same stuff no matter what law school you go to. What sets the “top tier” schools apart from the “lower tier” schools isn’t the quality of the material; oftentimes, the casebooks are the same (Tyler (at Penn Law) and I have the same CivPro books, for example). Rather, it’s the prestige of the faculty (how often they get published) and the specialty research in specific fields of law. To some extent, the prestige of the school will also affect you chances at working for spiffier, more exclusive law firms and the like.

This uniform approach to legal teaching was invented by some dead white guy at Harvard in the 1800’s, and the idea isn’t so much to teach the material, as to teach students how to think like a lawyer (as I’m sure many of you are aware from Legally Blond). The most interesting thing about this setup is that all our courses the first semester are already set. On the first day we got here, they handed us our class schedule and that was that. This semester, I’m taking Contracts, Civil Procedure, and Criminal Law, and the first part of my lawyering skills class. Next semester, I get to take Torts, Property, lawyering skills, and an elective.

[---]

So what are classes like? What's this about the "Socratic Method"? What the hell are "lawyering skills"? Stay tuned for Part 2!

Notes from CivPro

It's so funny... Prof. Vetter's voice can often be sleep inducing. As a result, you'll usually find almost everyone from our mod in Cafe Zeb buying coffee 5 minutes before class starts.

Monday, September 19, 2005

Shot of Boalt at the end of the day



I left school today around 7:00 pm...

Introducing "Law School: Behind The Scenes"

Be on the lookout for my new ongoing series, "Law School: Behind The Scenes". Every once in a while, I'll be writing short little blurbs providing insight into law school, at least from my perspective. Maybe you'll learn something interesting about this mysterious world. And for those of you who are interested in law school, it'll hopefully give you a better picture of what to expect when you get here.

News from Contracts

Wow a lot of people have been talking about it, but I didn’t really notice until today: Prof. Talley really does have tight pants… O_o

Sunday, September 18, 2005

Coming full circle

Well, here I am back with Blogger. My very first blog was a Blogger blog, created back when I was still in high school and when Blogger wasn't owed by Google. I've since been on Xanga. Today, I decided to give the Big B another whirl.

Now that it's owned by Google, it seems that there is a lot more functionality and flexibility built into Blogger. For starters, they apparently host images for free. I'd like to try blogging throughout the day, instead of having the semi-weekly summaries of my life that my Xanga has become...

I created this (theoretically) with the intent to provide a better glimpse into law school life. I know that at least for me, law school was this big mystical place. I wanted to demystify it with interesting and hopefully humorous insight into life here at Boalt. It's also a good outlet for my random thoughts, which, as many of you know, can be harmful if not let out. Just kidding.