Thursday, November 22, 2007

Is this what I have to look forward to on the MPRE?

"Lawyer convicted of tax evasion and fraud charges asks judge to set aside his nine-year prison term and allow him to teach course on ethics and morality to law school students instead."
[Guardian, courtesy FARK]

Tuesday, November 20, 2007

What goes on in my head?

Another inscrutable comment in my notes, this time in the margin of my Crim book. As a side comment on declaratory judgments, I've written:

declaratory judgment
- get rights declared w/o enforcement
- mushroom v. toadstool

It's that second bullet that has me worried, as I have no idea what might have prompted it. Maybe I need to lay off the mushrooms for a while...

Monday, November 19, 2007

Roughing the Passer

"Though I initially called a roughing-the-passer penalty, I am overruling my decision. When defensive end number 97 launched his attack on the quarterback, number 7, the quarterback still had the ball. But the JumboTron clearly shows that number 97's head turned in the direction of the cheerleaders, and number 97 was therefore unable to concentrate fully on the play. The cheerleaders prevented number 97 from knowing that the quarterback had ridded himself of the ball long before number 97 ran into him. The cheerleaders represent an attractive nuisance, and, since they are cheering for the quarterback's team, the offense is responsible. The defendant, in this case, confusingly, the offense, knew or should have known that showcasing cheerleaders, especially in such revealing outfits (see exhibits T and A), would prove to be a reasonable risk of attraction and harm. The cheerleaders are found to be peculiarly or unusually attractive. Therefore, the criteria of an attractive nuisance have been met. As stated earlier, my decision has been overturned. Fourth down. "

From Referree Ed Hochuli's More Notable Calls. By Frank Ferri, courtesy McSweeny's Internet Tendency

I suppose I could stand to type up my notes more often

"Generally, any form of sexual interaction involves some sort of request...I hope I'm not telling you anything new here."
G. Rutherglen

Monkey apple carburetor?

I worry about myself when I'm typing up my notes and I see "burden cost strategic behavior manipulation" apparently intended as a complete sentence. Any thoughts on what that might mean?

Tuesday, November 13, 2007

Technical difficulties

“The computer is like this class. As the semester goes on, it doesn’t want to start at 8:30 either.”
G. Rutherglen

Monday, November 12, 2007

Nolan v. Transocean Air Lines

276 F.2d 280, 281 (2d Cir. 1960)

Friendly, J. "Our principal task, in this diversity of citizenship case, is to determine what the New York courts would think the California courts would think on an issue about which neither has thought."

I'll bet he spent all night coming up with that one.