Distinguishing 1L and Grade School

The event of interest for the 1Ls this week was mock oral argument, meaning we each stood up in front of some “judges” (classmates and adjunct professors) to argue for or against a pretend court motion. I was very nervous during mine, a result of not being as prepared as would have been good for me. My mind (and thus my tongue) went completely blank a few times and I was shaking more than what would be considered a normal amount for everyday life, but I got through it.

The topic we argued was a motion to dismiss for lack of federal subject matter jurisdiction. Which was about as exciting as it sounds. Occasionally, local grade school students are invited to the law school to experience a case in the courtroom. The cases involve things like the three bears’ lawsuit against Goldilocks for breaking and entering, or the three pigs’ lawsuit against the big bad wolf for malicious and wanton destruction. I suppose for law students they feel the need to stick to realism, but it would be more exciting to argue on behalf of, say, the superheros' rights in The Incredibles than whether an imaginary person’s citizenship changed when she moved to Wisconsin.

Law is a little dry sometimes. Maybe that’s why some judges are sarcastic or prosy in their opinions – they’re just trying to liven things up.

Still, overall things are going well here in Williamsburg. The weather is warm, the sun is shining, and spring break is only a week away!

Law School Climatology

Williamsburg is rather lazy about its seasons. Fall slumped into winter without much bluster. Winter loafs around, not willing to work itself into any vigorous storms, and yielding to the storms that do come in a resigned sort of way. The first hints of spring (birds, buds, and moss perking up) are so subtle, it feels like the type of afternoon nap that blends so seamlessly with waking up that you aren’t even sure whether you fell asleep. Maybe when spring is really here it will surprise me and explode into a riot of color. But I don’t think so, somehow. It would just feel out of character.

Law school seems to have the same pattern as the climate, rolling from day to day and week to week in a plodding sort of way, nothing too energetic (with the possible exception of the finals/hurricane season).

We did have a (slightly) more lively event at school this week. A light bulb broke or fizzled out somewhere on the second floor and triggered the fire alarm. So we all stood on the front lawn for 30 minutes while firefighters checked the building. All the students from warm climates were freezing. I (and presumably those from cooler climates) felt refreshed to be outside breathing some fresh air.

The fire alarm ate up the first 15 or 20 minutes of my Property class. My professor says he’s beginning to believe there’s a conspiracy against Property. Class has been canceled three times; twice because of snow and once when he was ill. (No, we don’t just skip those classes; we reschedule them.)

Anyway, spring is coming and I’m feeling ready for a little spice in my life.

Onward and Upward

A week or two ago in Sunday School, our teacher brought up an interesting principle that has, since then, been on my mind. We were discussing the Fall of Adam and Eve and the choice that Eve made to partake of the fruit. She was facing two options, both of which could be considered good. One was to remain in the presence of God in the Garden of Eden. The other was to experience mortality and gain knowledge. Between the two, Eve chose to do the one that moved her forward.

I marvel at Eve’s courage. When I’m faced with a choice, I tend to prefer preserving the status quo, because after all, the status quo is generally a good place to be. But I think there is great opportunity and great power in the principle my Sunday School teacher proposed: if you are faced with a choice between two good things, choose the one that moves you forward.

“And Eve . . . was glad, saying: Were it not for our transgression . . . we never should have known good and evil, and the joy of our redemption . . . And Adam and Eve blessed the name of God.” (Moses 5:11-12)

Non-Conforming Apples

We had another snow day this week. It snowed enough that the plows actually came down our street. And it was cold enough that the neighborhood lakes froze over. It was fun to see the seagulls wandering around on the ice almost as if they were stunned by what had happened.

The snow was light and fluffy, the kind that you could blow off the sidewalk with a leaf blower. We didn’t do that, however, we used my emergency trunk shovel (my upstairs neighbor doesn’t have a shovel). After a few minutes a neighbor from across the street let us borrow his normal sized shovel (which my back appreciated). I loved shoveling the snow. It was refreshing to be out in the cold doing some physical work. I felt so good when we were done that I went for a run.

The weather warmed right back up and melted the snow away over the next two days. There were a few straggler piles this morning, but I think they succumbed to today’s sixty degree weather.

I took advantage of the warm weather yesterday and took my Property book for a walk. I’ve long been a fan of reading and walking; it gives me a way to occupy my mind without having to sit still. I went five miles around the neighborhood. That wasn’t enough to get through all of my Property reading, but it was nice to be outside instead of sitting in my apartment.

My classes have been interesting:

Constitutional Law: I seem to be developing a split personality for this class. We are discussing the constitutional right to privacy, which means talking about abortion and homosexual rights. The lawyer side of me understands both sides of the arguments. The personal side of me approaches the reading with a deeply moral perspective. Sometimes those two sides coincide, sometimes not. It gives me a lot to think about.

Contracts: My favorite question from this class has been, “Are oranges non-conforming apples?” In other words, if someone offers to buy some apples from you and you send them oranges instead, have you breached a contract or have you given them a counter-offer?

To illustrate offers, my professor had us draft an offer on his behalf for agreeing with his wife to get a dog. She wants a dog; he does NOT. The exercise yielded some interesting potential contracts as we tried to think of ways to limit his involvement with the dog while still creating an offer she would actually accept.

Property: This is a passage I read as I was walking my five miles yesterday:

Suppose that T, holding of L by knight service, subinfeudated to the church in frankalmoign or to T1, reserving as service one rose at midsummer. Knight service must still be rendered L, but this subinfeudation seriously devalued L’s incidents of wardship, marriage, relief, and escheat. (Property, 7^th Edition; Dukeminier, Krier, Alexander, and Schill; 2010, p. 189.)

As you can see, I get to learn all sorts of jargon in property. This is one area where legalese has a strong hold. My professor told us that for the unit on estates we should set aside logic and just memorize how the law works, because if you think about it too much, it doesn't make sense.

(Side note: my Property book gets a gold star; it has pictures and comics. Not that every law text should have pictures, of course, but there’s certainly room for creativity in that regard.)

So that's what's going on.

Recommended song of the week: I See Fire sung by Peter Hollens (YouTube it). It has a beautiful, almost desperate resolve to it. And it’s fun to listen to. And Peter Hollens has a good voice. (I also like his version of Shenandoah.)