So while I was buried in this last year, I managed to take a few U.C.C. classes. Now, you might not recall that I actually became rather enamored of the UCC in my first year. My Contracts prof had a sort of orgasmic relationship with the UCC and brought Article 2 into the class anywhere it was remotely appropriate. I liked it. It was pretty, generally really clear and it all tied together so very nicely.
Since then, I've taken a Secured Transactions class (Article 9) and am currently taking a Payment Systems class (Art 3, 4, 4A, 5 & 7). And the more I read the more, I just simply *heart* the UCC. Obviously, not all of the articles are written with what can only be described as insight into legal code nirvana (I'm talking about you article 4!--what were they thinking?). But when you run across a true winner like Article 9, sigh, my heart begins to pitter patter a little faster.
But the coolest thing about it, is that the whole thing is such a lovely package. I love, love, love sitting in my Payments class and having the prof rattle something off about some default rules on letters of credit (article 5) and how the code assumes they were smart enough to protect themselves with an article 9 transaction. And I really love how I really understand how it all works together. Now, I don't have the orgasmic relationship with the UCC that my K prof did, but damn, it's pretty satisfying.
All silliness aside, it's a damn cool area of the law to be involved in from a private sector point of view. My firm has a developing practice in it that is always hopping--partly because those attorneys are allowed to breach the litigation/transactional barrier and follow deal from inception to bankruptcy or work-out if needs be. So everything is different everyday, but it's a lot of the same players, which is nice for building good relationships.
And my back-up plan these days is to do private securities if the UCC thing doesn't come to fruition (how many of you know there is an article (hardly at all adopted :( ) in the UCC covering investment securities? In any case, it was another of the classes that I fell in love with, and is practiced widely in my firm. Yea! I love options.
Monday, February 18, 2008
Friday, February 15, 2008
Law Review Woes
Since I identified my board position as the root of all evil in my "I'm alive" post, I thought that I might expound a bit on the ridiculousness that is Law Review.
As a 2L doing copywork/cite checking, I hated Law Review. I hated the inanity of editing someone else's very clearly shit work. I thought it ridiculous that a professor would submit such a piece of shit and expect, as their due, little armies of law review plebes to fix all of their gross errors. And I'm not just talking about sloppy blue-booking. I'm talking about border-lined (or just over the line) plagiarism. Incorrect citations. General extreme laziness in citing anything. Do law profs have original thoughts? My conclusion was that, no, no they don't. All articles are merely regurgiations of other author's thoughts... and more often than not, while copyworking, i would discover it wasn't even the person my author cite's thoughts. It was some other egghead's long before.
So I came to the conclusion that
And the part that makes me just sick about it: I RAN FOR THE STUPID THING! I asked for it. And I got it. Utter, total fucking moron.
As a 2L doing copywork/cite checking, I hated Law Review. I hated the inanity of editing someone else's very clearly shit work. I thought it ridiculous that a professor would submit such a piece of shit and expect, as their due, little armies of law review plebes to fix all of their gross errors. And I'm not just talking about sloppy blue-booking. I'm talking about border-lined (or just over the line) plagiarism. Incorrect citations. General extreme laziness in citing anything. Do law profs have original thoughts? My conclusion was that, no, no they don't. All articles are merely regurgiations of other author's thoughts... and more often than not, while copyworking, i would discover it wasn't even the person my author cite's thoughts. It was some other egghead's long before.
So I came to the conclusion that
- Employers like law review on resumes because it shows that you are detail-oriented, know how to find needle in hay-stacks, know how to save your future senior partner's ass from looking stupid, and you are willing to do completely pointless, mind-numbingly dull tasks just because someone in authority asked (told) you to. So you do it to get a job.
- It makes you feel good about your research and writing skills, which are clearly superior to most of the stuff that you work on. If you only had their "connections," you could be just as cool as the authors think they are.
- It is a right of passage and simply must be endured.
And the part that makes me just sick about it: I RAN FOR THE STUPID THING! I asked for it. And I got it. Utter, total fucking moron.
Wednesday, February 13, 2008
Tales from the Crypt--or a 3L comes up from the rubble
Very nearly. I hadn't realized that it had been that long since I blogged on here. For a moment, as I stared at my last post and its corresponding date, I thought: "but you'll never remember all that you've done in the last year. It's gone." And then I thought, "are you crazy? you'll never remember all of the million things that you've done because it's a blur, and moreover, it was a blur when you were in it.
I intend to start blogging regularly again. Now that I can remember my name, and I see my daughter everyday, you know, when she's NOT just sleeping.
By way of catch up: I had just found out that my note was selected for publication and that I got onto the executive board of my law review. yeah, i can't believe that I was excited about that. That position alone has been the reason that I felt pushed over the edge this year. I had to start last March because our 3Ls crapped out on us. Then I had to work on it all bloody summer in addition to my firm job. I was freaking exhausted. Then last semester, I took the wrong combination of classes and was dramatically over-taxed, leading to really, truly almost getting divorced. No joke. Happily, we have a great counselor and are working through it. I can say with utmost confidence that just being an associate will be so so much easier than this.
I say that with utmost confidence because my summer associate experience was, uh, different than most folks. We worked. A lot. I personally billed as much as 1st and 2nd year associates do. And the firm wants it that way because they want you to know what you are getting yourself into. Now, don't get me wrong, I did go on a fantabulous trip paid for by the firm and won some neato prizes and got the nice moula to reward my hard work, but it was WORK not play. So to have to do that all bloody day and part of the night and THEN work on law review bullshit. Well, let's just say that my summer was non-existent.
That said, I really did like the folks that I worked with and the level of responsibility that they dole out to the younger associates. I really got my hands dirty and was able to decide that I would like to become a UCC-goddess when I grow up. Love it. But then, I know you're all shocked given that you know I'm such a code-girl. So in the end, they offered, I accepted, and I'm waiting for my summer stipend for consideration to be made :)
I tried the clerkship circuit, more than half-heartedly. And I almost got something with my state supremes. BUT I'm a total fucking moron. That's why I didn't get it. Honestly, true confession of a total fucking moron: on the cover letters to two of the Justices, I put the address label to one judge and in the same letter, I said "dear other judge." It's true. See, total fucking moron. And of course, the worst part of that for me is that I just don't make mistakes like that. I really don't. So it was sort of a poor time to decide to do so. In hindsight it's okay because the one hag from my class got a clerkship with one of the state supremes, and honestly, 3 years with her is plenty. I still have one app outstanding on something that I see as a long shot, but you never know.
What else? My note was finally published. It only took a freaking year. Let's just say that our law review board isn't as, urm, harmonious? as one might wish. And there were evidently several folks who ran for the title with no itnentions of actually doing the work.
Because of that, I learned about 3 months ago to say "no." I always felt like if things didn't get done, things that weren't my tasks, that it was somehow still my responsibility to fix it. No longer--at least not for the leaches of law review.
I suppose i sound far more cynical than I once did. Maybe I am moreso now. It's tough to say, I've always been fairly bent toward cynicism.
My wonderful daughter is doing really well. She had a second surgery over my fall break last semester, and has been really very healthy since. It's honestly like a miracle. She's learning to ice skate and ski this winter--total snow bunny. And she is reading now. I had a couple of pictures out a few nights ago from about the time I started school and little one in it. My oh, my. She was really just a toddler then, and now she is starting kindergarten in the fall.
Oh, and just to make it all so shockingly real: I've turned in my bar application, paid my barbri fees (so I don't get screwed and have to take the night class), and signed my "intent to graduate" form. hot damn, I'll be an at er ny soon.
I suppose that's all for now. I'll post a bit about classes and so forth soon. I'm working for a judge right now, who has a psychotic clerk, so that should be some fodder for entertainment. I'll also go through ye olde blogroll soon and update that. it's good to be back
I intend to start blogging regularly again. Now that I can remember my name, and I see my daughter everyday, you know, when she's NOT just sleeping.
By way of catch up: I had just found out that my note was selected for publication and that I got onto the executive board of my law review. yeah, i can't believe that I was excited about that. That position alone has been the reason that I felt pushed over the edge this year. I had to start last March because our 3Ls crapped out on us. Then I had to work on it all bloody summer in addition to my firm job. I was freaking exhausted. Then last semester, I took the wrong combination of classes and was dramatically over-taxed, leading to really, truly almost getting divorced. No joke. Happily, we have a great counselor and are working through it. I can say with utmost confidence that just being an associate will be so so much easier than this.
I say that with utmost confidence because my summer associate experience was, uh, different than most folks. We worked. A lot. I personally billed as much as 1st and 2nd year associates do. And the firm wants it that way because they want you to know what you are getting yourself into. Now, don't get me wrong, I did go on a fantabulous trip paid for by the firm and won some neato prizes and got the nice moula to reward my hard work, but it was WORK not play. So to have to do that all bloody day and part of the night and THEN work on law review bullshit. Well, let's just say that my summer was non-existent.
That said, I really did like the folks that I worked with and the level of responsibility that they dole out to the younger associates. I really got my hands dirty and was able to decide that I would like to become a UCC-goddess when I grow up. Love it. But then, I know you're all shocked given that you know I'm such a code-girl. So in the end, they offered, I accepted, and I'm waiting for my summer stipend for consideration to be made :)
I tried the clerkship circuit, more than half-heartedly. And I almost got something with my state supremes. BUT I'm a total fucking moron. That's why I didn't get it. Honestly, true confession of a total fucking moron: on the cover letters to two of the Justices, I put the address label to one judge and in the same letter, I said "dear other judge." It's true. See, total fucking moron. And of course, the worst part of that for me is that I just don't make mistakes like that. I really don't. So it was sort of a poor time to decide to do so. In hindsight it's okay because the one hag from my class got a clerkship with one of the state supremes, and honestly, 3 years with her is plenty. I still have one app outstanding on something that I see as a long shot, but you never know.
What else? My note was finally published. It only took a freaking year. Let's just say that our law review board isn't as, urm, harmonious? as one might wish. And there were evidently several folks who ran for the title with no itnentions of actually doing the work.
Because of that, I learned about 3 months ago to say "no." I always felt like if things didn't get done, things that weren't my tasks, that it was somehow still my responsibility to fix it. No longer--at least not for the leaches of law review.
I suppose i sound far more cynical than I once did. Maybe I am moreso now. It's tough to say, I've always been fairly bent toward cynicism.
My wonderful daughter is doing really well. She had a second surgery over my fall break last semester, and has been really very healthy since. It's honestly like a miracle. She's learning to ice skate and ski this winter--total snow bunny. And she is reading now. I had a couple of pictures out a few nights ago from about the time I started school and little one in it. My oh, my. She was really just a toddler then, and now she is starting kindergarten in the fall.
Oh, and just to make it all so shockingly real: I've turned in my bar application, paid my barbri fees (so I don't get screwed and have to take the night class), and signed my "intent to graduate" form. hot damn, I'll be an at er ny soon.
I suppose that's all for now. I'll post a bit about classes and so forth soon. I'm working for a judge right now, who has a psychotic clerk, so that should be some fodder for entertainment. I'll also go through ye olde blogroll soon and update that. it's good to be back
Monday, February 26, 2007
On being organized, even when you speak
So maybe it is the left over tech writer in me. Or maybe it's just the OCD nature I have for organization that made me a good tech writer that manifested itself tonight. Or maybe the lady was just a numbskull. Really the possibilities are endless.
I'm an organizer. I think all jumbled up and don't rest until my head is nice and tidy. Even when I speak--when I'm trying to be clear or efficient--I'm organized. And by and large, I think folks I interact with appreciate that.
For example, when I go to say, Subway, right next to campus to grab a quick dinner, when I order I start with what is logical and group things that are like. Bread first--that's what they have to grab first, then meat then cheese. Then veggies in order of reach for the sandwich artist (snigger) then vinegar and s&p. That makes sense. Really, does it help the artist to say "a hot ham and cheese on uh, uh, italian (read: white, at subway anyway)." The artist might forget that you want it hot since that instruction is so far removed from when the artist would actually toast it. And for sure, the artist will have to ask you "what kind of cheese?"
So tonight, I walk to my favorite sandwich shop. And I am delighted to discover that the only line is a woman and her teenaged son and then me. My sandwich artists are speedy guys. We are in and out of there pronto. There's no fooling around. No slouching. Just fast, fast, fast. But, alas, alack, they can go only as fast as the orderers can process and communicate their desires. SIgh. Double sigh. So tonight. There are two artists and as far as I can tell, two paying persons (the son doesn't count). So the lady tells the son to order and he does, and the sandwich artist makes it to completion--even so far as putting the sandwich into a bag. At which point, they come to take my order and the mean bitty lady gives them a crusty "excuse me, I'm making a rather large order of sandwiches." Um, ok. Sure. So both artists go to help her. She doesn't know what she wants. Can't remember who wanted cheese, was it the BLT? or the BMT? and did johny want his heated? 3 cell calls later, we have meat and cheese on 3 sandwiches (6 inches). Yup. that was her "rather large order of sandwiches." Then she was equally dingdongish on the toppings. But what do you expect from someone who bought combos for the whole family. I shouldn't judge that part; maybe they were having a picnic in the 30 degree snowy weather, so being economical and buying a bag of chips and a 12 pack of soda wouldn't make sense.
My point being: how much time could she have saved 5 people? (me, her, the son, and the two artists). A lot. Here's how it should have gone--or at least what I would have done.
The freaking end. See. Right away, the artists can decide if it is a two man job or whether one should continue to help others in line or ring the lady up to move things along.
Sigh. Organization. Now, back to my shareholder's derivative table :)
I'm an organizer. I think all jumbled up and don't rest until my head is nice and tidy. Even when I speak--when I'm trying to be clear or efficient--I'm organized. And by and large, I think folks I interact with appreciate that.
For example, when I go to say, Subway, right next to campus to grab a quick dinner, when I order I start with what is logical and group things that are like. Bread first--that's what they have to grab first, then meat then cheese. Then veggies in order of reach for the sandwich artist (snigger) then vinegar and s&p. That makes sense. Really, does it help the artist to say "a hot ham and cheese on uh, uh, italian (read: white, at subway anyway)." The artist might forget that you want it hot since that instruction is so far removed from when the artist would actually toast it. And for sure, the artist will have to ask you "what kind of cheese?"
So tonight, I walk to my favorite sandwich shop. And I am delighted to discover that the only line is a woman and her teenaged son and then me. My sandwich artists are speedy guys. We are in and out of there pronto. There's no fooling around. No slouching. Just fast, fast, fast. But, alas, alack, they can go only as fast as the orderers can process and communicate their desires. SIgh. Double sigh. So tonight. There are two artists and as far as I can tell, two paying persons (the son doesn't count). So the lady tells the son to order and he does, and the sandwich artist makes it to completion--even so far as putting the sandwich into a bag. At which point, they come to take my order and the mean bitty lady gives them a crusty "excuse me, I'm making a rather large order of sandwiches." Um, ok. Sure. So both artists go to help her. She doesn't know what she wants. Can't remember who wanted cheese, was it the BLT? or the BMT? and did johny want his heated? 3 cell calls later, we have meat and cheese on 3 sandwiches (6 inches). Yup. that was her "rather large order of sandwiches." Then she was equally dingdongish on the toppings. But what do you expect from someone who bought combos for the whole family. I shouldn't judge that part; maybe they were having a picnic in the 30 degree snowy weather, so being economical and buying a bag of chips and a 12 pack of soda wouldn't make sense.
My point being: how much time could she have saved 5 people? (me, her, the son, and the two artists). A lot. Here's how it should have gone--or at least what I would have done.
Enter store. Hi. I'm ordering 5 six inch sandwiches, all on italian except one on honey oat. The honey oat is a BMT. The others are BLT, ham, turkey, and meatball. All have swiss cheese. Please heat the BLT and meatball. When the artist is ready, the meatball is all done. The other sandwiches all have lettuce and tomatoe and mayo. The turkey has jalapenos. That's all for toppings. I would like each of them in a combo please.
The freaking end. See. Right away, the artists can decide if it is a two man job or whether one should continue to help others in line or ring the lady up to move things along.
Sigh. Organization. Now, back to my shareholder's derivative table :)
Sunday, February 25, 2007
Almost overwhelmed--and just how many laws are there for corps anyway?
Geez mon! I swear we've been doing corps in BusAss for the last month, and there is no end in sight! Blergh. I'm just feeling overwhelmed at all the detail. This prof's final sounds relatively straightforward though: Facts, what does P argue, what does D argue, what will the court say. So in that spirit I think that I will organize my outline something like:
II. Corps
B. Shareholder's Derivative suits
1. When can you bring it -- blah blah
2. Filing a Demand
A. what P args; or defends for not bringing the demand (futility)
B. what D args-BJR or defense to futility (are disinterested members etc)
C. Bottom line, Ps usually lose because xyz
I might get all fancy and make a table instead. Tricky that. I'm a totally visual person--well not really. I don't like pictures and flowcharts. But I do like visually organized charts. So, tables generally work well for me.
My final version of my note is due to our managing editor this coming weekend. So far, I have zero atty or prof feedback. I need to send a gentle reminder tomorrow. I'm less worked up about my note these days. I went through it with a fine-toothed comb last week and found that my arguments, in my humble opinion, were not as bad as I remembered them to be. There is one fly in the ointment and I'm still debating whether to address it. All that's left is to incorporate any recommendations I receive this week, update some of the cases I use to reflect some of the more recent cases that address my issue, and give it a thorough blue-booking. Our law review editing process is not particularly transparent, so I have no idea when they are done copyworking and editing if I am supposed to be the enterer of those changes or not. So for all I know after I turn it in next weekend, I won't touch it again until the executive edit. I really hope that is the case :)
My drafting class is getting kind of intense now. Bigger, regular, graded assignments. So that just equals more stress in my life. And that's fine. It's just another reason that I need my note to be really off my plate.
Ooh, in other happy law review news, we are coming to the end of the copywork for the year. We should only have a few smaller articles trickle through. And cheers were heard around the world! Our board for next year was selected and I did not end up as EIC, and to that I say praise everything that is holy! I got executive editor instead, and that is going to keep me plenty busy. I'm very happy with the result.
This is why I am only almost overwhelmed. I've got all of the balls up in the air right now. None of them have fallen so far, and all I can see ahead of me is someone kindly removing a few of the balls. This is doable.
II. Corps
B. Shareholder's Derivative suits
1. When can you bring it -- blah blah
2. Filing a Demand
A. what P args; or defends for not bringing the demand (futility)
B. what D args-BJR or defense to futility (are disinterested members etc)
C. Bottom line, Ps usually lose because xyz
I might get all fancy and make a table instead. Tricky that. I'm a totally visual person--well not really. I don't like pictures and flowcharts. But I do like visually organized charts. So, tables generally work well for me.
My final version of my note is due to our managing editor this coming weekend. So far, I have zero atty or prof feedback. I need to send a gentle reminder tomorrow. I'm less worked up about my note these days. I went through it with a fine-toothed comb last week and found that my arguments, in my humble opinion, were not as bad as I remembered them to be. There is one fly in the ointment and I'm still debating whether to address it. All that's left is to incorporate any recommendations I receive this week, update some of the cases I use to reflect some of the more recent cases that address my issue, and give it a thorough blue-booking. Our law review editing process is not particularly transparent, so I have no idea when they are done copyworking and editing if I am supposed to be the enterer of those changes or not. So for all I know after I turn it in next weekend, I won't touch it again until the executive edit. I really hope that is the case :)
My drafting class is getting kind of intense now. Bigger, regular, graded assignments. So that just equals more stress in my life. And that's fine. It's just another reason that I need my note to be really off my plate.
Ooh, in other happy law review news, we are coming to the end of the copywork for the year. We should only have a few smaller articles trickle through. And cheers were heard around the world! Our board for next year was selected and I did not end up as EIC, and to that I say praise everything that is holy! I got executive editor instead, and that is going to keep me plenty busy. I'm very happy with the result.
This is why I am only almost overwhelmed. I've got all of the balls up in the air right now. None of them have fallen so far, and all I can see ahead of me is someone kindly removing a few of the balls. This is doable.
Wednesday, February 14, 2007
I'm kind of a weenie
It's true. And there really isn't any kind of about it. Before I declare my note entirely done, I want a reality check from some practitioners, especially where I'm writing about a circuit split and essentially saying that one circuit got it wrong. So, now I need to send a note to several attys in the field and ask them to read and critique my note. That shouldn't be so hard. But I am so paralyzed at the thought of someone reading it and thinking that I am indeed a total moron. See--I'm a weenie. Plain and simple. And with much more cringing and complaining, I'm sure that I will get it sent out in the next few hours.
Sunday, February 11, 2007
I've fallen and I can't get up--and I HATE hearsay
Good grief. I've got to start paying attention to the invisible memos that surely must be passed around telling you that second semester is infinitely more crazy than firsts... and that's applicable all years of law school, or at least, in my experience, the first two years.
So all is happy and so forth with my note being published, but man that's a lot of extra work to pile onto my daily plate. So I am trying to implement some strategery (thank you, Bush). I've got all my busass read for the week, unless of course she does one of her random "let's cover about 40 pages each day for a couple of days" spurts.
I've read the bloody 100 pages of evidence plus the E&E chapters on Hearsay. Unfortunately, I took a little quiz last night to see how I was coming along. Um, yeah. Hearsay is the current bane of my existence. I only got 9 of 25 questions right. And of those 9, 5 I had marked with a ? mark to indicate that I really had no clue and just guessed. Which basically means: I only actually knew the answer to 4 of the 25. Should I just take myself out behind the shed now and shoot? or will this get better? The part that is tripping me up is just identifying the intended assertion of fact (mostly whether it's really an assertion) and then whether the purpose of the testimony is to determine the truth of the matter asserted. Yeah, I like saying it that way. I mean, now it seems like I am just confused about 2 parts of hearsay... and if you are reading this and have taken evidence, then you know that those are the only 2 parts that are difficult. Sigh. Hopefully, I will have an epiphany on it soon.
So back to my strategery: it's just to get the day to day work done this weekend, so I can spend all my free time on my note this week. I really need to send it to a prof who specializes in this field by the end of this week, so hopefully, I will have feedback on it by the last week of this month. The managing editor wants it ready for copyworking in early March. Realistically, I think I need to work on three areas to make it less embarrassing: 1) throw the new cases relying on the circuit holdings into the note because for whatever odd reason it's coming up much more now (probably because of the way the 10th circuit held last year; it's quite a boon for plaintiffs), 2) take a very critical look at my analysis and ultimate conclusion--I'm just not sure about it and because of that I think my whole note is weaker, and 3) this is all based on a statute that has two mutually exclusive pieces but I've mushed the cases together--it's because both pieces of the statute define something the same way, which is the focus of my note. Hmmm. are you confused by my vagueness yet?
In any case. Long ass week ahead.
So all is happy and so forth with my note being published, but man that's a lot of extra work to pile onto my daily plate. So I am trying to implement some strategery (thank you, Bush). I've got all my busass read for the week, unless of course she does one of her random "let's cover about 40 pages each day for a couple of days" spurts.
I've read the bloody 100 pages of evidence plus the E&E chapters on Hearsay. Unfortunately, I took a little quiz last night to see how I was coming along. Um, yeah. Hearsay is the current bane of my existence. I only got 9 of 25 questions right. And of those 9, 5 I had marked with a ? mark to indicate that I really had no clue and just guessed. Which basically means: I only actually knew the answer to 4 of the 25. Should I just take myself out behind the shed now and shoot? or will this get better? The part that is tripping me up is just identifying the intended assertion of fact (mostly whether it's really an assertion) and then whether the purpose of the testimony is to determine the truth of the matter asserted. Yeah, I like saying it that way. I mean, now it seems like I am just confused about 2 parts of hearsay... and if you are reading this and have taken evidence, then you know that those are the only 2 parts that are difficult. Sigh. Hopefully, I will have an epiphany on it soon.
So back to my strategery: it's just to get the day to day work done this weekend, so I can spend all my free time on my note this week. I really need to send it to a prof who specializes in this field by the end of this week, so hopefully, I will have feedback on it by the last week of this month. The managing editor wants it ready for copyworking in early March. Realistically, I think I need to work on three areas to make it less embarrassing: 1) throw the new cases relying on the circuit holdings into the note because for whatever odd reason it's coming up much more now (probably because of the way the 10th circuit held last year; it's quite a boon for plaintiffs), 2) take a very critical look at my analysis and ultimate conclusion--I'm just not sure about it and because of that I think my whole note is weaker, and 3) this is all based on a statute that has two mutually exclusive pieces but I've mushed the cases together--it's because both pieces of the statute define something the same way, which is the focus of my note. Hmmm. are you confused by my vagueness yet?
In any case. Long ass week ahead.
Wednesday, February 07, 2007
Gobsmacked by Law Review
My note is being published. Yes, jaws around the world are smacking the concrete in disbelief, including mine. I'm not sure whether to be excited (which I am) or mortified at the thought of anyone reading it because I sure didn't feel like I made any point that was all that earth-shattering. Thank heavens for editors, right?
In any case. Cheers!
In any case. Cheers!
Sunday, January 28, 2007
A mommy law student time out
I took my daughter on a mommy/daughter date yesterday afternoon. Over all, disaster. No, really. Just so bad. The only kid appropriate movie showing in our neck of the woods is Charlotte's Web (because the whole flushed away thing is just too far over the line that I refuse to cross). And it was playing either 1) through lunch or 2) through dinner. Movie theater scheduling morons. In any case, I brought snacks galore and planned to do lunch afterward.
Sigh. Did you know that a G-rated kids movie is almost 3 flipping hours long? Blergh! They could have made it a good 5-10 minutes shorter by getting rid of the whole unbelievable 10 year olds in love story line that kept popping back up. I could have done entirely without Dakota Fanning. But the animals were great. So dauhter is bored and I almost leave with her when there is about a half an hour left, and I totally should have. The end was fabulous, so fabulous, so well-done that my poor sweet-hearted daughter bawled her little eyes out for about 10 minutes after Charlotte dies. Sigh. I totally forgot that she dies. I haven't read the book since I was about10. In any case, I got to spend the next half hour or so telling her why Charlotte died and why it's ok, and how it's not real. "But mommy, do real spiders die when they have babies?" Can I just say that deep discussions about the cycle of life was not on my agenda for our date yesterday.
SO now she is an emotional disaster in addition to being starved and tired at the Chinese Restaurant. I ended up taking all of our food home in containers and cutting our lunch super short. The best part of our date, I think in both of our opinions, was taking a nap together in my bed.
Sigh. Did you know that a G-rated kids movie is almost 3 flipping hours long? Blergh! They could have made it a good 5-10 minutes shorter by getting rid of the whole unbelievable 10 year olds in love story line that kept popping back up. I could have done entirely without Dakota Fanning. But the animals were great. So dauhter is bored and I almost leave with her when there is about a half an hour left, and I totally should have. The end was fabulous, so fabulous, so well-done that my poor sweet-hearted daughter bawled her little eyes out for about 10 minutes after Charlotte dies. Sigh. I totally forgot that she dies. I haven't read the book since I was about10. In any case, I got to spend the next half hour or so telling her why Charlotte died and why it's ok, and how it's not real. "But mommy, do real spiders die when they have babies?" Can I just say that deep discussions about the cycle of life was not on my agenda for our date yesterday.
SO now she is an emotional disaster in addition to being starved and tired at the Chinese Restaurant. I ended up taking all of our food home in containers and cutting our lunch super short. The best part of our date, I think in both of our opinions, was taking a nap together in my bed.
Wednesday, January 24, 2007
An embarrassed investor
Seriously. Every day I go to BusAss, I learn stuff that I think I ought to have known before I became an investor. Like cumulative voting... mind you I don't have enough shares in a company small enough to make that kind of thing work, but still. It's good to know.
I do have a lot of shiny shares from my old Big Corporate Monolith. I'm making it a goal to go to an annual shareholder's meeting sometime in the next 2-3 years. I just think it would be educational (and possibly tasty).
When I really sit back and reflect, it's great that I've been a regular investor since my early twenties. Up until law school, I've always invested the full amount possible in a 401K and I still contribute to an IRA. I didn't sell all my stock after I got it from BCM. I'm actually in a good place. But what doesn't work for me is that I have really no idea what my mutual funds represent or how i would go about selling my BCM stock if I wanted to. Or how about how to sell off my investment in a crappy mutual fund in my rollover IRA and re-invest in something that is better. I am placing an inordinate amount of trust in people that I don't know. To an unacceptable degree.
Any suggestions on how to better educate myself in investing and investment management.
I do have a lot of shiny shares from my old Big Corporate Monolith. I'm making it a goal to go to an annual shareholder's meeting sometime in the next 2-3 years. I just think it would be educational (and possibly tasty).
When I really sit back and reflect, it's great that I've been a regular investor since my early twenties. Up until law school, I've always invested the full amount possible in a 401K and I still contribute to an IRA. I didn't sell all my stock after I got it from BCM. I'm actually in a good place. But what doesn't work for me is that I have really no idea what my mutual funds represent or how i would go about selling my BCM stock if I wanted to. Or how about how to sell off my investment in a crappy mutual fund in my rollover IRA and re-invest in something that is better. I am placing an inordinate amount of trust in people that I don't know. To an unacceptable degree.
Any suggestions on how to better educate myself in investing and investment management.
Sunday, January 21, 2007
whistle-blowing, general partnerships, dissolution & professional conduct
So far most of the puzzlers that I am getting out of my BusAss (yes, I am immature enough to giggle at that every time) are legal ethics questions. We read a case (977 SW 2d 543) for last week where a partner warns senior partners that the billing looks really screwy for a client. There's a whole lot of smelly subterfuge and then she gets fired for crappy work. Crappy work that the firm had never told her was crappy before. The court held that partnerships are based on trust and you don't have to keep someone on that you don't trust anymore. The dissent was much more in line with the "whoa nelly, aren't we a self-policed group of idiots? and therefore shouldn't we protect her job." But no.
The next case that leaves me confused is Haymond v. Lundy (2002 WL 1972101) where the partners have dissolve the partnership and there is an outstanding referral fee owed to another firm that is in dispute. The long and the short of it is that one of the 3 partners agreed to pay a referral fee (150K) to this other firm upon successful completion of the case. The other partners said that per their p-ship agreement, they had to consent to something like that and they didn't. Fine, all well and good. And the judge said "yup" it's all on the idiot who made the agreement. But the lasting question is: Aren't straight up referral fees a professional no-no? I thought that you couldn't do that kind of thing unless you were compensating the prior firm/atty for their actual work on the case. Maybe my state is different.
Self-policing. Hmmmm.
The next case that leaves me confused is Haymond v. Lundy (2002 WL 1972101) where the partners have dissolve the partnership and there is an outstanding referral fee owed to another firm that is in dispute. The long and the short of it is that one of the 3 partners agreed to pay a referral fee (150K) to this other firm upon successful completion of the case. The other partners said that per their p-ship agreement, they had to consent to something like that and they didn't. Fine, all well and good. And the judge said "yup" it's all on the idiot who made the agreement. But the lasting question is: Aren't straight up referral fees a professional no-no? I thought that you couldn't do that kind of thing unless you were compensating the prior firm/atty for their actual work on the case. Maybe my state is different.
Self-policing. Hmmmm.
Saturday, January 20, 2007
A thought on grades and a glimpse at my deranged day dreams
I actually saw my Bankruptcy prof last night and was able to smile politely and make the required small talk for the event we were at. As he walked away though, I couldn't help but wish that I had something to throw at his head. Sigh. This is the first semester that I have had more than one grade that requires curves to make the letter. I like letters without curves. They are pretty those As and A-s. Damn.
And then I sit back and think, wow I am super greedy because one curvy grade (fine it was a B+) was in a class where the whole test was multiple choice, and honestly I don't ever expect to do better than that. And then my bankruptcy class, where there were only about 22-ish kids and of those only 2 or 3 were NOT in the top say 15% of their respective classes. So getting a B+ in there, really, truly, after the horrible experience that was that test . . . it was actually pretty damn lucky.
Sigh. I'll keep my on track status for coif, if just barely. And I will kick it in high gear and find some way to break through the B+ ceiling on my exam that will be once again, all multiple choice. I hate MC tests. Really, truly, what does that indicate about my future abilities as an atty. Is the nice judge going to stop the opposing atty in the middle of the trial and say
"counselor yaya, there is a possible objection to raise here: do you think it is a) irrelevant because we have other photos that provide the same evidence in a less gruesome manner, b) relevant but not probative because this the third similar testimony offered to the court and is a waste of time, c) an objection becaues that information was obtained through statements your client made in negotiation or d) there is no objection because you weren't listening carefully and have no idea to what this witness just testified?"
Counselor yaya: "well Judge, you should know that I've always sucked at multiple choice, so I'm going to have to call in co-counsel to answer this one, in the best interests of my client."
yeah, I might be a little bitter. And I am so not going to be a litigator.
And then I sit back and think, wow I am super greedy because one curvy grade (fine it was a B+) was in a class where the whole test was multiple choice, and honestly I don't ever expect to do better than that. And then my bankruptcy class, where there were only about 22-ish kids and of those only 2 or 3 were NOT in the top say 15% of their respective classes. So getting a B+ in there, really, truly, after the horrible experience that was that test . . . it was actually pretty damn lucky.
Sigh. I'll keep my on track status for coif, if just barely. And I will kick it in high gear and find some way to break through the B+ ceiling on my exam that will be once again, all multiple choice. I hate MC tests. Really, truly, what does that indicate about my future abilities as an atty. Is the nice judge going to stop the opposing atty in the middle of the trial and say
"counselor yaya, there is a possible objection to raise here: do you think it is a) irrelevant because we have other photos that provide the same evidence in a less gruesome manner, b) relevant but not probative because this the third similar testimony offered to the court and is a waste of time, c) an objection becaues that information was obtained through statements your client made in negotiation or d) there is no objection because you weren't listening carefully and have no idea to what this witness just testified?"
Counselor yaya: "well Judge, you should know that I've always sucked at multiple choice, so I'm going to have to call in co-counsel to answer this one, in the best interests of my client."
yeah, I might be a little bitter. And I am so not going to be a litigator.
Friday, January 19, 2007
slow and steady wins the race
Well, week 2 of this semester is now past, and I really really think it's going to be great. I'm still interested in all of my classes and my first TA session went reasonably well (btw--if anyone has any suggestions of where I can get multiple choice property questions, please do tell). My evidence class is taught by stories. It's awesome. I am so muhc more likely to remember what a rule is when I have some crazy story to go with it. And I was so proud of myself for shouting "Rule 410" at my TV last night while watching Shark. Hooray.
My note is back in. I'm 98% certain that I will not be published again and that I will have to redo my note again in March. Sigh. So it is.
One of our 1L class assholes wants to work at my firm. Um, no. But now I don't have to worry about anyone at the firm asking me about him because he froze on exams. Actually, I don't think he froze, I think he really thought SO much of himself that he just didn't study. I don't understand people like that. I mean one would think that by the time you get to law school at least a handful of people have to have let you know in some persuasive way that you are in fact NOT the most brilliant person on the planet.
I have all but one grade back, and it was the one that I have absolutely no clue what the prof wanted. So who knows how the semester ultimately shook out. So far I'm giving it a "not quite as bad as I thought, but woah nelly, still not so good"
Which is why, I'm back to reading bus assocations.
My note is back in. I'm 98% certain that I will not be published again and that I will have to redo my note again in March. Sigh. So it is.
One of our 1L class assholes wants to work at my firm. Um, no. But now I don't have to worry about anyone at the firm asking me about him because he froze on exams. Actually, I don't think he froze, I think he really thought SO much of himself that he just didn't study. I don't understand people like that. I mean one would think that by the time you get to law school at least a handful of people have to have let you know in some persuasive way that you are in fact NOT the most brilliant person on the planet.
I have all but one grade back, and it was the one that I have absolutely no clue what the prof wanted. So who knows how the semester ultimately shook out. So far I'm giving it a "not quite as bad as I thought, but woah nelly, still not so good"
Which is why, I'm back to reading bus assocations.
Saturday, January 13, 2007
I hate my note
Blerg. Blech. Blah. Yuck. Yick. Ugh. Phooey.
that about sums up my feelings of redoing my note for law review. Our board has the 2Ls keep re-writing the same note all year until either it is selected for publishing or the year ends. The next drop is in the next few weeks, and I so don't want to work on it. I told myself that I would do it over break and never found the motivation to do it. I've got to get most of it redone today. Boo.
And to add insult to injury, not only is it colder than ass outside, but my fingernails are actually purple because of how bloody cold it is inside the damn library. Sigh. Not my day.
that about sums up my feelings of redoing my note for law review. Our board has the 2Ls keep re-writing the same note all year until either it is selected for publishing or the year ends. The next drop is in the next few weeks, and I so don't want to work on it. I told myself that I would do it over break and never found the motivation to do it. I've got to get most of it redone today. Boo.
And to add insult to injury, not only is it colder than ass outside, but my fingernails are actually purple because of how bloody cold it is inside the damn library. Sigh. Not my day.
Thursday, January 11, 2007
And another 2L semester begins
I am back and mostly refreshed. When asked if I had a good break my standard reply is yes... because I slept and did almost nothing productive. Lots of sleeping, reading trashy novels, watching girly movies, and playing with my daughter. I knew I accomplished my goal to get lots of sleep when my daughter asked me why I was awake so early on Monday. :)
I've been through all of my classes now, and I think I am in love. Seriously, this could be the best semester ever. I've got an advanced drafting class with an adjunct who is all about practicality. If it's not real world-related, then let's not bother doing it. :) :) I'm in Business Associations and the prof is really great at explaining things and drawings and all of the other types of teaching techniques that my brain typically responds well to. And then I'm in an Evidence class that is pretty entertaining. And let's face it: I need to be entertained. Last and for whatever reason most frightening: I'm a TA for a 1L property section. I've got mixed feelings on it. I love property--lots. But I admit that I am totally intimidated by the responsibilty of teaching it. But then, I know it's not really teaching it--just filling in holes etc. But for whatever reason, I am little nervous about my first group session next week.
What else? Law review elections are coming up next month, and I've decided to be a glutton for punishment and run for editor-in-chief. Who knows if it will happen, but here's to trying.
I've been through all of my classes now, and I think I am in love. Seriously, this could be the best semester ever. I've got an advanced drafting class with an adjunct who is all about practicality. If it's not real world-related, then let's not bother doing it. :) :) I'm in Business Associations and the prof is really great at explaining things and drawings and all of the other types of teaching techniques that my brain typically responds well to. And then I'm in an Evidence class that is pretty entertaining. And let's face it: I need to be entertained. Last and for whatever reason most frightening: I'm a TA for a 1L property section. I've got mixed feelings on it. I love property--lots. But I admit that I am totally intimidated by the responsibilty of teaching it. But then, I know it's not really teaching it--just filling in holes etc. But for whatever reason, I am little nervous about my first group session next week.
What else? Law review elections are coming up next month, and I've decided to be a glutton for punishment and run for editor-in-chief. Who knows if it will happen, but here's to trying.
Tuesday, December 26, 2006
Slow month, a mile stone, and things to look forward to
I think this is only my third post of the month. Between finals and some unexpected family issues (which only seem to pop up during finals or holidays or both), I have been horribly absent... and not just from this blog. Seriously, I feel like I am going through life in some sort of haze. Since Christmas is over now, hopefully the family drama will die down shortly as well.
Finals sucked, ass. There's no nicer way to put it... there are of course many less nice ways to put it. It was just plain awful. I really honestly think that my GPA is going to take a serious nose dive. So it is. Nothing to do now. And realistically, I'm not so sure that there was anything that I could have done differently during reading days or the semester to make the utter annihilation I experienced any different.
But the silver lining of course is the fact that I AM HALF WAY THROUGH! Hot damn! Seriously. I like law school a lot. And I will probably go back to loving law school this coming semester because I won't have OCI torture. and next year even better because I SO will not make the mistake of running for SBA office. I enjoy law school much more when I am focused on the classes and learning the law or how to think like a lawyer. It's the peripheral crap that I've discovered I hate. Speaking of, I've got to get tons of law review stuff done this week. But I won't complain about that, at least not directly. And I do plan on running for a board position for that group.
I think my classes will be interesting next semester. I've got Evidence and Bus Ass as my two doctrinal courses. Then I've got Law Rev, my seminar, and being a 1L TA for fillers. It'll be a busy schedule but it's almost all academic. So I am embracing that. Ohh and my schedule is kind of bizarre, but I think that I will like it. I've got class for 1.5 hours m-w in the morning and then at night for a few hours m, t, th. We'll see how that works.
Finals sucked, ass. There's no nicer way to put it... there are of course many less nice ways to put it. It was just plain awful. I really honestly think that my GPA is going to take a serious nose dive. So it is. Nothing to do now. And realistically, I'm not so sure that there was anything that I could have done differently during reading days or the semester to make the utter annihilation I experienced any different.
But the silver lining of course is the fact that I AM HALF WAY THROUGH! Hot damn! Seriously. I like law school a lot. And I will probably go back to loving law school this coming semester because I won't have OCI torture. and next year even better because I SO will not make the mistake of running for SBA office. I enjoy law school much more when I am focused on the classes and learning the law or how to think like a lawyer. It's the peripheral crap that I've discovered I hate. Speaking of, I've got to get tons of law review stuff done this week. But I won't complain about that, at least not directly. And I do plan on running for a board position for that group.
I think my classes will be interesting next semester. I've got Evidence and Bus Ass as my two doctrinal courses. Then I've got Law Rev, my seminar, and being a 1L TA for fillers. It'll be a busy schedule but it's almost all academic. So I am embracing that. Ohh and my schedule is kind of bizarre, but I think that I will like it. I've got class for 1.5 hours m-w in the morning and then at night for a few hours m, t, th. We'll see how that works.
Tuesday, December 12, 2006
A rant on code-based class tests
Here's the schtick: exams for code-based classes, for example, bankruptcy, should NEVER be closed everything. At the very least you should get to have the frigging code. For Pete's sake, there is no possible way to remember all of the exceptions to the exceptions and whether the qualifying debt limit for secured debt is 900K in change for chapter 13 filings. Seriously. The people who win are the numbskulls who are good at memorizing, not the ones who can find wht they want with the actual language of the code.
Snarl! I'm tired, damnit
Snarl! I'm tired, damnit
Saturday, December 09, 2006
No more con law rants!
Wahoodillyhoo! I took my blastes 8 hour take home final for that ruddy course a few days ago. It was, well, typical of the sort of inanity that particular prof comes up with. Some straightforward and then wham some stuff out of the twilight zone. I have no freaking clue how I did. I am concerned about the number of super bright kids in that class... we'll see where it all comes out in the end.
But the POINT here is that while I might not have written an A test, I sure as hell didn't fail it outright. And that means *drumroll* no more freaking Con Law classes for me!!!!!!!!!!! Wheeee!!!!!!!!! I do realize for those of you who insist on peeing in my wheaties that con law topics will likley come up in various and sundry other classes. But I don't have to endure a whole painful, horrific torturous semester of it again.
And for anyone else who hates con law and is looking for help. Get Erwin Chemerinsky's hornbook. I love you Erwin! *smooch*
But the POINT here is that while I might not have written an A test, I sure as hell didn't fail it outright. And that means *drumroll* no more freaking Con Law classes for me!!!!!!!!!!! Wheeee!!!!!!!!! I do realize for those of you who insist on peeing in my wheaties that con law topics will likley come up in various and sundry other classes. But I don't have to endure a whole painful, horrific torturous semester of it again.
And for anyone else who hates con law and is looking for help. Get Erwin Chemerinsky's hornbook. I love you Erwin! *smooch*
Sunday, November 26, 2006
Another con law rant
So while I don't like Con Law, I'd like to know that there is a point to my taking the damn class. This semester's prof and book are almost as bad as con law 1's from last year. I can barely use supplements this semester because it keeps talking about elements, factors, and tests that my prof never mentioned, nor did the sad book that we use. Normally I embrace the notion of reading a paragrph or two of a case and being done with it. But I am finding that the exerpts are so painfully short and so heavily edited that I honestly couldn't tell you why or how the court came to the conclusion that it did. I can however tell you want a bunch of namby pamby con law scholars said about the holding in about 47 articles. Sigh.
I really hate con law--even more so now that I understand I will have to teach the real deal to myself before the bar. Suck.
I really hate con law--even more so now that I understand I will have to teach the real deal to myself before the bar. Suck.
Saturday, November 18, 2006
Rodger, Dodger, only 1.5 weeks left of school
There is a god and he is going end my suffering, through con law 2 that is. And after this semester, I am bloodythehell well done with my con law requirements for law school. *loud cheers and applause heard throughout the land*.
I've finally caught up with all of my class reading. My outlines are still in sucko shape. I love how I write outlines implying that there are many. Really I have one wiht some stuff in it and 2 that have the words "class name--outline" up at the top... and that's all. Poop. So it is. What will be will be. And all of the other cliche let the river flow stuff you can think of.
At some point, and I predict it will be on the plane this week, I will have a horrible epiphany of how real and close exams are in my future. Then I will have a sick stomach and want to die. It's all part of the process. Embrace it.
I've finally caught up with all of my class reading. My outlines are still in sucko shape. I love how I write outlines implying that there are many. Really I have one wiht some stuff in it and 2 that have the words "class name--outline" up at the top... and that's all. Poop. So it is. What will be will be. And all of the other cliche let the river flow stuff you can think of.
At some point, and I predict it will be on the plane this week, I will have a horrible epiphany of how real and close exams are in my future. Then I will have a sick stomach and want to die. It's all part of the process. Embrace it.
Subscribe to:
Posts (Atom)