Tag: law school

  • Big Decisions

    Most of the last eight years of my life have been trying to figure out what I want to do with it. Getting an education was always a driving force in my decision making. At the end of high school the persistent question was where to go to college. For half of college the big question was what to major in. And after deciding that, where to work when I graduated. Working after graduating was interesting, however it wasn’t settling because it reminded me I had a lot more to learn, and kept me eager to go to grad school. So, during the two years I was working I was also focusing on where to go to law school. Now that I’m in law school, I’ll be looking for a job soon – a continuation of the two-year cycle. And I’m sure it will continue well into my life.

    The clip below is from an essay titled “The Power of the Marginal” by Paul Graham. It’s interesting with regard to how to select a major. I think the general principles of the excerpt can be extracted and applied beyond the university setting.

    One way to tell whether a field has consistent standards is the overlap between the leading practitioners and the people who teach the subject in universities. At one end of the scale you have fields like math and physics, where nearly all the teachers are among the best practitioners. In the middle are medicine, law, history, architecture, and computer science, where many are. At the bottom are business, literature, and the visual arts, where there’s almost no overlap between the teachers and the leading practitioners. It’s this end that gives rise to phrases like “those who can’t do, teach.”

    Incidentally, this scale might be helpful in deciding what to study in college. When I was in college the rule seemed to be that you should study whatever you were most interested in. But in retrospect you’re probably better off studying something moderately interesting with someone who’s good at it than something very interesting with someone who isn’t. You often hear people say that you shouldn’t major in business in college, but this is actually an instance of a more general rule: don’t learn things from teachers who are bad at them.

  • My Oral Argument

    I have to present an oral argument in a week for a mock moot court case we’re doing in Legal Skills. It involves a police officer who, while off-duty, beat a man. There are two issues that I must argue. First, whether the court of appeals has jurisdiction to hear the plaintiff’s appeal. Second, whether the officer acted under the color of law. I represent the defendant (police officer) and kind of have my back up against the wall.

    I did a practice oral argument for Legal Skills today. It went OK, but I was nervous and it showed. Apparently, I said, “um,” 51 times in ten minutes. Someone was actually counting. I was advised to reference my case law before the judges do; this will put me on the offensive as opposed to the defensive because I will be able to highlight the stronger analogies. I also need to be less monotone and more detailed, however my pacing was good and I was direct and clear.

    The final question asked of me was, “How do you arrest an unconscious man?” To which I replied, “I would like to conclude my argument here…” I had no answer… I froze… but, now that I’m home I know how to answer it. So, I guess that’s one roadblock I know how to avoid when the real argument comes up.

  • The Economics of Beanie Babies

    Here’s an interesting passage from Ty, Inc. v. Publications Int’l, Ltd., a case I recently read in Introduction to Intellectual Property. The case is concerning whether Publications Int’l is violating Ty’s copyright by publishing books with images of Ty’s Beanie Babies. The description of Ty’s marketing strategy is used to set up the differences and similarities between children’s and collectors’ approach.

    As a marketing gimmick, Ty deliberately creates a shortage in each Beanie Baby by selling it at a very low price and not producing enough copies to clear the market at that price. As a result, a secondary market is created, just like the secondary market in works of art. The secondary market gives widespread publicity to Beanie Babies, and the shortage that creates the secondary market stampedes children into nagging their parents to buy them the latest Beanie Babies, lest they be humiliated by not possessing the Beanie Babies that their peers possess. The appeal is to the competitive conformity of children – but also to the mentality of collectors.

    As far as I’m concerned, the best use for Beanie Babies was to wipe the dust off computer and TV screens.

  • Scrambled Brain

    I want to write a lot on here to catch up, but when I get going all of my memories from the past three months seem diluted by hours of studying and falling in love. I never expected the later to happen in Concord, NH or at law school. School has a way of putting you […]

  • Done with Fall 2006

    I’m going to sit at the airport and think about this semester for a long time. I’m tired right now as you may be able to tell by the picture.

  • Ready Set Go

    Two very stressful activities just happen to coincide for students – Christmas present shopping and final exams. The assumption is that we should put off shopping and focus on finals, but that’s kind of a Grinch thing to do. And, exams don’t really take that much time. However, it looks like I’ll be doing the […]

    Update 2009: It cuts off.

  • Yesterday and Today

    Yesterday, I sat in a Contracts review session from noon to 7pm and took 20 pages of notes.

    Today, I sat in a Civil Procedure review session from 9am to 4:30pm and took 22 pages of notes.

    I imagine that yesterday and today are what going to a conference would be like as an actual lawyer, except the conference would only be one shorter day and it would be followed by two days of skiing or golfing and a tax write-off.