It took a little bit of work to get back in study mode after
the break. But it helps to have new subjects to study.
First is Property Law. In the first three classes, we
discussed such various topics as the ownership of a fox pelt, a hunted whale, a
record home run baseball, a famous name, a famous singer’s voice, and a TV
star’s persona. Well, the actual issues are more subtle than that, but not
interesting enough to take time explaining.
Next is Constitutional Law, which is much more along the
lines of what I expected to do in law school. My professor is teaching it from
the perspective of the social and political pressures that influence the Supreme
Court, which is an interesting approach. We’ve had readings besides court
cases, which is a nice change.
My third doctrinal class for the semester is Contracts Law.
My professor began class by debating with our TA whether they had a contract
last semester when she asked him to promote the t-shirts she was selling for
bar review (and if they did have a contract, whether he had broken it). He then
allowed us to negotiate the syllabus and had us submit our own contractual
version as a proposal for the class syllabus.
Ultimately the professor rejected all of our submissions and
used his own; though a classmate pointed out that the students are in a
significantly disadvantaged position for negotiating, so it’s doubtful whether
certain provisions of the syllabus contract would be enforceable. Not to
mention one provision we’ve found is, if not illegal, certainly not enforceable
under any circumstances. I’m guessing we’ll find more issues in the syllabus
throughout the semester.
The professor went further by specifically breaching the
syllabus contract during our third class. When a student called him on it, we
had a long discussion regarding the necessary remedy (which dovetailed
perfectly with the topic for the day).
It was a great object lesson.
The topics this semester are less dramatic than last
semester’s, but there’s potential for some interesting ideas. (Mostly I’m just
glad Criminal Law is over.)
Outside of school, my week was marked with one very cold
(for Williamsburg) day (somewhere around 14 degrees). The temperature then
jumped up to 70 degrees a day or two later, which makes me feel like spring is
here…in the first half of January. The trees are bare, but the illusion is
enhanced by green lawns and numerous chirping birds. My classmates from warm
climates might disagree, but I’m still hoping for a little bit of snow.
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