law school

1L Dispatch: The Oral Fixation

04.05.08 | Permalink | 1 Comment

Moot Court is now over, yet another obstacle of my first year of law school that I have sort of blindly skipped my way past. It’s a required class so I had no choice in the matter. Moot court has two aspects, a written brief and an oral argument. The Powers That Be grade it as pass/fail, which sends kind of a mixed message for a required course. On the one hand, this made me happy because it was one less thing to get really worked up over. But like those mysterious breeds of fish you hear about trolling the Mariannas Trench who implode when you remove them from their high-pressure habitat, I need a certain amount of stress to thrive. I think I would have done a much better job on both my written brief and oral argument if I was worried about getting a real grade. When the school says “It’s required, but we only give you a “P” or”F” what I hear is “You have to do it, but only with the bare minimum of effort to not look like a total slacker.” Granted, that has much to do with my own inclinations towards sloth, and with everything else I’ve had going on I won’t be complaining too loudly.

I have been working on a case that was actually argued before the real Supreme Court a couple weeks back. The case has two with some strict gun control laws in Washington D.C. and the Second Amendment. Gun control isn’t one of my pet issues, so I didn’t have strong convictions either way, but my first instinct is usually towards less government control, not more. At the same time, I can see the public safety need for regulation. I was randomly assigned to argue for the District of Columbia ( in favor of a de facto ban on pistols). Training future lawyers to have nimble minds and argue both sides of any issue, and all that. When the real deal went down at the big show, most commentators read the court as probably ruling against my side.

Writing the brief was not the most fun I’ve ever had, but I managed to get through the much-ballyhooed “10 Error Test” which requires the grader to stop reading and automatically bring the red pen hammer down on any brief with more than ten mistakes, be it missed comma or swollen margins. I had exactly ten errors, and so was able to narrowly skate by.

The oral argument was a bigger weight on my mind though. I was pretty sure I would earn my “P” with a good faith effort, and my competitive nature wasn’t kicking in to drive me toward victory. I couldn’t care less if I won the fake argument, but I still got nervous because I didn’t want to look like a total doof up there. It was an intense experience, in an actual court room with a trio of judges who wore actual robes. The simulation was enough to kick my (normally more active than most people’s) sweat glands into high gear and I was literally dripping from my forehead as I approached the podium. But once things got going and I answered the first judge’s questions with stuttering and sputtering and generally choking like a dog trying to swallow a dorito, it was actually fun. The time flew, which was nice because my greatest fear of the whole thing was silence or the sound of crickets chirping. I even pulled an Obama and spent the whole time my opponent was speaking writing down points for rebuttal. There were no big missteps. The only near mistake was when I almost called one of the judges “Coach” which is something I tend to do with male authority figures, probably owing to a youth of organized sports run by grown men in stretch-cotton shorts and whistles hanging from their necks.

I enjoyed myself up there way more than I imagined I would. Not enough to even consider signing up for a Moot Court team next year, mind you, but enough that I won’t just write the whole experience off as a semi-embarrassing waste of time.

links

Here Are Links To Things Which Have Recently Interested Me:

03.30.08 | Permalink | Comment?
  1. The Siegel Superman decision “After seventy years, Jerome Siegel’s heirs regain what he granted so long ago – the copyright in the Superman material that was published in Action Comics Vol. 1.” This is exactly the type of case I would love to deal with once this whole Law School thing is in my rearview.

  2. Late Grades? Pay Up, Professor “Florida State is what she believes to be the only institution in the country that fines its professors when they turn grades in late at semester’s end. The tab: $10 per grade.” It looks the kid gloves are coming off at my alma mater and the Registrar is hitting ‘em where it hurts.

  3. 101+ Web Resources for Students Lots of almanacs and dictionaries and stuff, handily compressed into one place.

  4. A Responsible Plan to End the War in Iraq At least these would be congressman have one.

  5. Driver blames speeding on bad Oreo dunk We haven’t quite covered cookie mishaps as an affirmative defense, but it it’s still the early stages of my law school career so there is still time. via StopSmiling

  6. Seven Deadly Words of Book Reviewing “It’s possible to (mis)use all seven words in a one-sentence book report: “Mario Puzo’s intriguing novel eschews the lyrical as the author instead crafts a poignant tale of family life and muses on the compelling doings of the Mob.” Guilty as charged on multiple fronts.

  7. Violence against emos sweeps across MexicoI guess the sales of eyeliner and super-tight pants will soon take a nosedive.

  8. The full text (pdf) of McCain’s speech delivered this week at the World Affairs Council. A run down of just what the man has planned on the foreign policy front, via a speech he gave to some interested parties.

  9. The Obama Doctrine A run down of just what the man has planned on the foreign policy front, via a sitdown with some of his advisors.

  10. Modern slaves You can call it “human trafficking” if you want, but we all know we’re still talking about the same thing, the very same thing Benjamin Skinner discusses with Salon. He mentions spending time in Romanian slave markets.

  11. Since ‘01, Guarding Species Is Harder - washingtonpost.com “With little-noticed procedural and policy moves over several years, Bush administration officials have made it substantially more difficult to designate domestic animals and plants for protection under the Endangered Species Act.” The very same I act I am now studying in my environmental law class. Kind of funny to see how it is currently put into action.

  12. Why I Am No Longer a ‘Brain-Dead Liberal’ by David Mamet “I took the liberal view for many decades, but I believe I have changed my mind.” the playwright says in the Village Voice. Looks like the writer of Glengarry Glenn Ross has shifted to a more conservative political view of the world.

Videos

Saturday Science: Cognitive Ursine Science

03.29.08 | Permalink | Comment?

comics

Friday Night Fights: Madman versus Skinless Circus Freak

03.28.08 | Permalink | Comment?

Frank Einstein had a brief flirtation with a career in the circus. He traveled with the troup on a sea journey, but to say that the circus folk didn’t exactly warm to our snazzily dressed hero would be putting it mildly. Take for example this early encounter with the show’s skinless strongman:

Mamdan Fights A Circus Freak 1

Frank may in fact be something of a scaredy-cat, but the man has some serious moves:

Madman Fights a Circus Freak 3

A master of running an interior dialogue, even after getting kneed in the chain, Frank may hate pain but can still take a punch:

Madman Fights a Circus Freak 2

Pain, maybe. But never death. He has also apparently mastered some heretofore unknown martial art thatmakes his kicks have defecatory sound effects:

Madman Fights a Circus Freak 4

He even manages to lay the final smackdown while pondering some of the deeper questions that plague us on this moving sidewalk we call life:

Madman Fights a Circus Freak and kicks him in the face

Madman has it all: depth, agility, charisma. Just like Bahlactus.

autobiography

Potentially Telling But Most Likely Meaningless Autobiographical Detail #2

03.26.08 | Permalink | 1 Comment

I eschew ornamentation. Not big on jewelry of any kind; rings, necklaces, bracelets or earrings have no place on my body. It’s not so much a value judgment. I’m sure there are many virile and strong men who like to decorate themselves with little trinkets. I would certainly never impugn the Masculinity of someone like Mr. T (indeed I would most likely join him in pitying the fools who did). But jewelry annoys me. Even functional jewelry like watches gets on my nerves and feels unnatural against my skin.

For this reason, I have long been a proponent of doing away with antiquated traditions like the wedding ring. Why should I be forced to wear decorative frill just because I’ve gotten married. I concede the importance of a symbol of everlasting love, so I therefore propose the “Wedding Belt.” It’s circular like a ring and won’t annoy me like other jewelry

Television

I Have Decided What Area of the Law I Wish To Practice

03.25.08 | Permalink | 1 Comment

John Adams and George Washington

Old-Timey American Revolution law, as practiced in the excellent HBO miniseries John Adams. I’m greatly looking forward to wearing breeches and a powdered wig. I’m not much of a history buff; before I started watching this I may have been able to identify Adams as the 2nd President and that he was married to a strong-willed woman but that would have exhausted my knowledge of the subject. I certainly had no idea that he actually defended the Redcoats who fired into the crowd in the Boston Massacre, much less that he was the guy behind the guy when it came to write the declaration of independence. I don’t know how accurate the mini is, but it is most certainly well-made and I find myself wanting to learn more about the founding fathers. Good thing I have Constitutional Law next fall.

Thanks, HBO. I thought I was done with you when Detective McNulty drove off into the sunset, but every time I think I’m out (ready to cancel my subscription), they pull me back in (with kick-ass original programming).

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