Oh happy day! It’s jelly bean season! (I like jelly beans.) (A
lot.)
So one of the major buzz words in law school is “reasonable.”
The concept of reasonability pervades the law. A day rarely goes by without me
reading a case or a statute where the outcome was based on what a “reasonable” person
would do.
It sounds straightforward, but it’s not. Because reasonable
people can disagree. And they frequently do.
Sometimes the disagreement seems insignificant . For example,
my Admin Law textbook noted that the FDA and other interested parties once
spent nine years on a peanut butter regulation problem: whether peanut butter
should be 87% peanuts or 90% peanuts. I’m not sure that question deserved the
nine years it was given.
Other disagreements are a bit more significant, such as Obergefell v. Hodges, the Supreme Court’s
opinion from the same-sex marriage cases, which we read recently in Family Law.
The outcome of that ruling is a very different society than would have resulted
from a ruling in the opposite direction.
Of course, reasonable people could disagree with me even on
the importance I attach to the prior two examples. Some might say the 3%
difference in peanut butter composition is significant and the societal results
of Obergefell are not.
Welcome to the lawyer’s bread and butter. These things are
what keep the legal profession humming.
What keeps me humming, however, is a big bag of jelly beans.
It’s reasonable to eat a bag of jelly beans in a day, right?
Tidbits:
- My professor, who likes to use visual aids, didn’t have a
picture of the actual teacher involved in a case we read recently. No problem,
though; he just used a picture of Professor Quirrell instead.
- That same professor was very excited when we read a case
about WIC chocolate milk regulations. As we discussed the case, he pulled out (and
drank) the visual aid for the day: a bottle of chocolate milk, which he had
been anxiously anticipating all morning.
- In Privacy Law, we’ve been discussing wire tapping and
related technologies. To help with this, my professor has used stick figure
illustrations. It is very helpful. Never underestimate the usefulness of a
stick figure.
- Also never underestimate the staying power of Schoolhouse Rock, which is a useful bit
of shorthand for the legal methodology of enacting legislation. (“I’m just a bill
. . .”)
- Family Law recently emphasized the stroke of marketing
genius that is the diamond engagement ring. The diamond industry has
successfully co-opted the engagement business in a relatively short number of
years. Well-played, De Beers, well played. (We had a very fun engagement ring
discussion in class. Engagement rings raise interesting legal problems when the
engagement breaks off; was the ring a free gift or conditional on fulfilling
the marriage contract? Who gets to keep it? Does it matter who broke off the
engagement?)
- And I met a distant cousin today. Her ancestors were the
Partners of Henrieville, UT, one of whom married my great-great aunt Mary
Quilter. It’s a small world, especially when your family hails from
Henrieville.