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Last Entry: November 17, 2009 at 11:19:08

Google Scholar Adds Case Law

Posted on November 17, 2009
If you haven’t already, head over to Google Scholar to search for case law. It’s a really good start, I think, and is a nice addition to the growing stable of open source legal research tools that is out there. Here’s what a search looks like:

At the Intersection of ?Dad? and ?Law Student.?

Posted on November 15, 2009
So Goody and I took His Majesty over to the mall today. The goals were simple: exploit the collapse of the economy for low prices (generally), and find a birthday present for her (specifically). But with the specter of law school haunting me wherever I go, even such pleasantly banal endeavors become fodder for a [...

SCOTUS Fantasy League

Posted on November 13, 2009
For all you law dorks who also love to gamble, there’s this. (Ahem, Dr. Bombay.) From the WSJ Law Blog: The idea behind the site, which is the brainchild of recent George Mason law grad Josh Blackman, is simple: you pick the way you think the Supreme Court will rule on its docket...

Reducing Law Students? Debt?

Posted on November 12, 2009
I’ve heard rumors that the legal job market is a little tight these days. Have you heard about that? Is that really true? I find that hard to believe. I mean law school is basically a guarantee of making serious bank. Isn’t it? But evidently, the job market is so tight that the ABA is lobbying [...

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Except for Those of You Playing Computer Games

Posted on November 11, 2009
Overheard in Criminal Procedure tonight during discussion of law governing identification procedures: Professor: Don’t worry about typing all this down right now. I have a handout that will help clarify. So you can all turn off your computers. Well, except for those of you playing computer games or e-mailing your friends...

?At least, that is how I read Hubbell. No one is really sure.?

Posted on November 10, 2009
This was a quote at the bottom of a page of our Criminal Procedure syllabus. Hubbell refers to United States v. Hubbell, a case that grew out of Ken Starr’s Whitewater investigation (which, of course, grew into the Monica Lewinsky investigation, President Clinton’s impeachment, etc)...

New Career Office Resources

Posted on November 06, 2009
Today’s courtoon about says it all… Source: Courtoons

Our Law School?s New Website

Posted on November 05, 2009
Our law school has a new website. It’s an improvement in look and feel. In integrating the design of the University’s page, it serves as an important reminder of the law school’s connection to the college. This connection is often forgotten, but with the increased visibility and popularity of interdisciplinary approaches to the law (law and economics, [...

?Homo sapiens is not merely homo economicus?

Posted on November 04, 2009
Last night, we discussed the In re Oracle Derivative Litigation, 824 A.2d 917 (Del. Ch. 2003), in Corporations. We read the case at an early summary judgment phase. It was interesting in that it dealt with how a company may assess the actions of its own directors and officers in the context of insider trading claims [...

Can You Have Too Much Democracy? Part 1: The Garden State.

Posted on November 01, 2009
In a couple of days, the citizens of New Jersey are going to go elect some poor sap governor. Most casual political observers (and I put law student?s into this category), have been looking at this race with a great deal of fascination. Despite its Northern clime, New Jersey is purplish state, with current governor [...

Is the Pay Czar Unconstitutional?

Posted on October 30, 2009
Former 10th Circuit Judge and current Stanford Law Professor Michael McConnell has a good editorial in the Wall Street Journal today. In it, he questions whether Ken Feinberg’s job as Pay Czar is unconstitutional, in light of the actions he took last week...

?Not Sure Where I Got This From??

Posted on October 29, 2009
As a general rule, when your law school class is in open discussion about a current political issue that people barely understand (here: derivatives) it’s time to move on already when someone begins a statement with: “I’m not sure where I got this from, but…”

Fall Recruiting and the Evening Student, Part 6: Why Do You Want To Be a Lawyer?

Posted on October 29, 2009
[Ed Note: This post was so freakin long originally because I hit "publish" instead of "save as draft" after writing this stream of consciousness and I didn't have time to edit it down to near where I wanted it initially until just now, at 6:20 p.m. It's now been edited to where I'd hoped to [...

Wisdom from Land Transactions.

Posted on October 28, 2009
A quote from my Land Transaction and Finance Professor today: “Just remember this when you’re in practice: don’t ever try to answer hypotheticals. [My associate] was trying to answer a client’s question today, and I had to intervene...

Checking Your E-mail Hourly?

Posted on October 27, 2009
This story was all the rage last week (also see the Above the Law story that garnered 800+comments). In response to a situation where an associate was not checking e-mail and, consequently, neglected to draft and send a draft letter to a client, a Quinn Emanuel partner sent a firmwide e-mail explaining that associates should [...

Miranda: Land of ?Fairyland Castles??

Posted on October 21, 2009
Last night, I encountered this rather descriptive and entertaining paragraph in Justice Scalia’s dissent in Minnick v. Mississippi, 498 U.S. 146 (1990): Today’s extension of the Edwards prohibition is the latest stage of prophylaxis built upon prophylaxis, producing a veritable fairyland castle of imagined constitutional restriction upon law enforcement...

Mid-Term Time

Posted on October 19, 2009
I’m working on two take-home mid-terms at the moment. One is not graded. Well it’s self-graded and then the professor grades it pass-fail. You pass so long as you give a reasonable effort at answering and evaluating your own answer. The professor gives you some feedback but none of it affects your final grade...

Stop and Smell the Lawsuits: GW and Those Troublesome Evening Law Students

Posted on October 12, 2009
Every now and again, we all need a diversion from the rigors of work and law school.� Being devoted law students, however, we don?t have time for real pleasures or dalliances like stopping to smell roses, so we must find joy in that last remaining respite: daydreams of suing Deep Pockets...

Back Up Your Data

Posted on October 05, 2009
If you’re in the middle of your semester and use your computer to take notes and do other work for school, you should be backing up your data. There’s nothing worse than losing all the work you’ve done because your computer crashes. It’s late Saturday night...

Who Would You Punch in the Face?

Posted on October 05, 2009
Sorry for starting the week so violently, but I had a funny conversation after my class on Saturday. It started something like this, “You know Cheney’s one of those people I’d punch in the face if I could.” (It actually might have been former Congressman Jim Sensenbrenner that got him going because of his role [...

Do We Have Too Many Lawyers?

Posted on October 01, 2009
I cringe to write this post. Both because it’s a just my thinking out loud and because it’s a bit risky for a law student in search of summer positions to write. But I do so because as someone training to be a lawyer, it weighs heavily on my career decisions and my understanding of [...

Halloween Mix.

Posted on October 01, 2009
So instead of unpacking the�mysteries of the Bankruptcy Code, I find myself trying to put together the ultimate Halloween Mix. Here?s what I?ve come up with so far: 1.�?Little Red Riding Hood? ? Sam the Sham and the Pharos 2.�?Werewolves of London? ? Warren Zevon 3...

Being Fully Present

Posted on September 30, 2009
When I started law school more than two years (!!!) ago, I happened across this article in LawPracticeToday from 2005. In it was this gem offered as advice for young lawyers aspiring to be outstanding lawyers: Be fully present for each experience. Can you remember [...

Unpaid Internships Illegal?

Posted on September 29, 2009
An attorney I met recently, pointed me to this post. Here’s the nutshell: Brian Cuban, the owner of the NBA’s Dallas Mavericks, wanted to start work on a more dynamic statistics service that could provide richer statistical data free of charge to any sort of media (from student papers to social networks)...

Best Law Student Blogs

Posted on September 29, 2009
Last week, The Bitter Lawyer posted this great list of law student blogs that you should check out. A number of them we here at Fight the Hypo follow closely. What are the other law student blogs you keep an eye on. These are a few that didn’t make the list, but that we really [...

To Thank or Not to Thank

Posted on September 24, 2009
There’s some disagreement out there as to whether you should send thank you notes following interviews for summer positions. And, if so, should they be hand-written or typed on resume paper. What do you think? I realize that in each context there are varying expectations on what you should do...

Oh Crap

Posted on September 23, 2009
Sometimes this just happens… Professor: Who can remind us of the rule in Place and how it relates to this discussion? Student X? Student X: Oh Crap. Professor: That’s a first.

Task Triage

Posted on September 23, 2009
How do you prioritize tasks? For many 1Ls I suspect you’re still working this out, particularly with respect to outlining and exam prep. At the risk of being too simplistic, here’s how I have prioritize tasks in law school. I’ve found that the longer I let the issue of prioritizing my to do list, the less [...

Are You on ?The List??

Posted on September 19, 2009
H1N1 hysteria has hit our school. We’re not exceptional in that regard. Every other school in the United States are (appropriately?) paranoid about outbreaks of what my cousin calls Piglet’s Revenge. What’s interesting though is that students who call the University to inquire about receiving a flu shot through the school’s health office are immediately asked [...

Changes in BigLaw?

Posted on September 18, 2009
There are two moments that really stand out for me this recruiting season. The first happened during a screener at a big firm. The conversation turned, as it usually does, to the economy. The partner with whom I was interviewing says, “Well, if this economy leads to the death of the billable hour I’ll give it [...

Black Eyed Peas Meet Crim Pro

Posted on September 17, 2009
What you gon’ do with all dem drugs? All dem drugs inside dat trunk? Gant’s a gon keep, keep, keep you out, Keep you 5-0s out my trunk. My trunk, my trunk, my trunk, my trunk, My trunk, my trunk, my trunk, my private private trunk (Check it out)

Fall Recruiting and the Evening Student, Part 5: Post-OCI

Posted on September 15, 2009
If you’re an evening student and have done OCI but haven’t gotten callbacks (or have only gotten a few), it can be hard to know what to do next. I know just one person in our evening sections that has gotten multiple callbacks. (There may be others...

Meeting Dr. Bombay, Jr.

Posted on September 14, 2009
I had the distinct privilege of meeting Dr. Bombay, Jr. this weekend. I must say that even though he’s not my kid, seeing him and spending time with the Bombay clan really does put things in perspective. Not in a “wholly crap I would never have one of those things” way...

This Week?s Parting Shot?

Posted on September 11, 2009
As you wrap up your week, here’s a laugh courtesy of the Fail Blog… see more Fail Blog It’s unclear if Ms. Yoo is still practicing at Sullivan & Cromwell as her bio is no longer on the site. (H/T Above the Law)

Law Degree = License to be a?.?

Posted on September 10, 2009
The picture from my blackberry isn’t the clearest, but this car was in front of me coming to work today: Yes that emblem is a shark with the word “LAWYER” in the middle: I don’t want to judge.. but WOW! Hopefully you can tell this guy is driving a Mazda 3...

Are you ready!? (For Some Jail Time?)

Posted on September 10, 2009
Great God Almighty! Our long national nightmare is over, and football has returned! In honor of this momentous occasion, here?s a few facts about the intersection of football and the law. Enjoy them while mopping the Primanti Bros. grease off your faces with your ?Terrible Towels...

Malaise

Posted on September 09, 2009
A malaise has set in at school. In our 4th week of class in the 3rd year of our evening law school experience, the sense I get from classmates is either a general disgust with law school or a weariness that no end seems to be in sight. Add to that the lack of callbacks from fall [...

Nature of the ?Loyal Opposition?

Posted on September 04, 2009
So, let me ask you this… I have several friends who are very critical health care reform opponents for not coming up with a plan of their own. I’m often amazed at how vehemently they hold this position. It raises a question of political theory that I’ve always found interesting: What is the role of the opposition [...

Bluetools

Posted on September 03, 2009
What is it with people who walk around with a bluetooth device stuck in their ear like it’s the latest fashion accessory? It hasn’t truly bothered me until recently when it seems I’m running into way too many people who do this. Now, they’re my latest pet peeve...

Fall Recruiting and the Evening Student, Part 4: Learning Yourself

Posted on September 02, 2009
Fall Recruiting. It’s a different animal for sure. At some point, I don’t care who you are, you begin to learn some things about yourself. Here are a few things I’m learning at what I hope is a mid-way point, of sorts, in the process (one that will end in the next 4-6 weeks and [...

For What It?s Worth

Posted on August 31, 2009
[EDITOR'S NOTE: We're pleased to welcome our good friend Jorge to the blog with this excellent post about perspective about law school and your legal career.] There has been more then enough talk about this being the worst job market in 50 years and the evils of amassing debt for overpriced legal educations...

Whither the Law Review?

Posted on August 31, 2009
Luke Gilman posted this interesting piece on the future of the law review last week. He collects a number of great sources that are also worth the read. His basic takes is that scholarly journals, like most print media, are on the decline. While law reviews are at an advantage given their ready access to free [...

2Ls Having Trouble Finding Jobs

Posted on August 28, 2009
I’ve been on the road for work with a less than stellar Internet connection (think molasses on a winter day), but wanted to get something up on this. If you haven’t already, check out this story from The New York Times on the vanishing BigLaw summer jobs...

How Do You Do It All?

Posted on August 25, 2009
This is a common question for evening students who hold down full-time jobs while going to law school. Particularly in interviews. My friend (and sometime FTH commenter) Jorge suggested I share the real secret behind the ability of evening law students to balance all that they do...

What?s Your Biggest Weakness?

Posted on August 24, 2009
I’ve yet to get the “What’s your biggest weakness?” question during OCI. But I’ve at least identified some ways I won’t answer it (and neither should you): What weakness? I’m not sure which voice in my head to listen to...

Running the Race

Posted on August 24, 2009
So I was going to post this Nike running commercial to give some inspiration to my comrades who feel like law school and/or fall recruiting will never end. But I discovered this one instead. It seems to capture the most fun and worst parts of law school experience so much more accurately:

Lockerbie Bomber ? What if he lives?

Posted on August 21, 2009
It took 13 years to catch and convict Abdelbaset Ali Mohmed Al Megrahi for his involvement in the bombing of Pan Am 103 over Lockerbie, Scotland on December 21, 1988. The bombing killed 249 people. Eight years after the only person convicted for the terrorist act was sentenced to life in prison, Scotland released [...

20 Minutes

Posted on August 20, 2009
When you’re trying to explain who you are why you’re the best candidate out there, 20 minutes isn’t much time. One-third of an hour. 1,200 seconds. Basic introductions. Three questions to you. Two questions for your interviewer. Some dialogue...

Fun?s Last Shot

Posted on August 19, 2009
The last night before classes start. (No, I don’t know why we’re starting classes on a Wednesday.) But I termed tonight Fun’s Last Shot in honor of the PGA Championship that just passed and in recognition that a very fun summer is drawing to a close...

Picking a Note or Comment Topic

Posted on August 19, 2009
For those working on a Journal or Law Review this year, at least at our school, picking a Note or Comment topic is the hot to do item right now (in addition, of course, to those ever exciting pull assignments). Your selection is a big deal. You’ll be immersing yourself in this topic for a [...

Fall Recruiting and the Evening Student, Part 3: Avoiding OCI

Posted on August 18, 2009
This series is really evolving into an exploration of various issues that have arisen as I’ve worked through the Fall Recruiting process. This week I’m pondering whether OCI is even necessary to find a summer position. A few weeks ago, I posted this on Twitter: So… interviewing for summer...

Lessig Talk on Law and Creative Culture

Posted on August 17, 2009
I happened across this talk by Larry Lessig at TED in 2007 as I was reading some things about creativity and law: In the talk, he says the law should encourage a “read-write” view of creative content. Rather than simply consuming creative content, the consumer should be able to republish it to a certain extent and [...

Quick Reflection on New Government Web Privacy Regs

Posted on August 17, 2009
The Obama Administration recently suggested a reform to the government’s policy on data collection by government websites. The proposal was met with a wave of dialogue over the nature of government data collection and expectations of privacy: Supporters of a change say social networking and similar services, which often take advantage of the tracking technologies, have [...

Football Friday for 08/14/09

Posted on August 14, 2009
This week, after watching a little of the dreadful Redskins performance last night, I’m reminded, for some reason, of the old saying: It’s not the size of the dog in the fight, but the size of the fight in the dog. Oh, wait, does that relate to a major football-related story from this week? Huh...

?Perspective? or ?Wishes for a New Semester.?

Posted on August 13, 2009
I was sitting this evening, procrastinating, with my new baby curled up in a bouncy seat next to me, and I started to think. As the Sherpa has noted, school is only days away, and I?ve got more than a few things to do to get ready. Compared with his level of preparation, you would [...

Banning Firms from OCI for Lack of Professionalism?

Posted on August 13, 2009
Fordham’s law school has banned Reed Smith from participating in On Campus Interviewing for 5 years. Read more at Above the Law and ABA Journal. (Update: Above the Law covers Reed Smith’s excellent, straight-forward response.) A memo from Fordham Law’s Dean reads, in part: Ethics and professionalism are at the heart of the legal profession...

Knowing When to Shut Up

Posted on August 12, 2009
As part of my job I’ve done some media training. This is when an organization hires a PR firm to teach them about working with the media. Part of this is conducting mock� interviews, often on camera, to get them comfortable answering questions a reporter might ask, particularly difficult questions...

Almost Ready to Go

Posted on August 10, 2009
Nine days til class starts. My to do list is growing. Pulled down my first assignments. I finally opened up the boxes my books arrived in. Have some interviews scheduled. Got to see some law school friends at journal orientation over the weekend. Purchased binders for notes and outlines...

Journal Orientation

Posted on August 09, 2009
This weekend is our quad-journal orientation. Each of our school’s four law journals has orientation where staffers learn the finer points of Westlaw, LexisNexis, and the law library while the editors lay out responsibilities for staff members and get our first (of 5) editing lectures on things like sentence structure, subject-verb agreement, editing for style, [...

The Value of Law School

Posted on August 08, 2009
There have been a good number of people who have hit our site searching the web for the phrase “is law school worth it.” It’s been a while since we really tackled that one. For those looking to answer that question, I highly recommend three of our earlier posts to help answer your question: Do the [...

Football Friday for 08/07/09

Posted on August 07, 2009
Today is Football Friday here at The Hypo. We’ll do this each week as pretty much an open thread to talk all things football – college, NFL, fantasy. Just an outlet to escape from the law and career talk for a while. I guess I can start with the NFL team I root for...

Dropping Like Flies

Posted on August 07, 2009
We got word this week that 3 large law firms have canceled their OCI dates at CUA. It’s not a big deal for yours truly as I was only really interested in one (albeit one that was high on my list). And I guess it’s largely to be expected given the nature of the job [...

Fall Recruiting and the Evening Student, Part 2: Selling Your Experience

Posted on August 06, 2009
Chances are, if you’re an evening student you’re slightly more, uh, seasoned than your day section counterparts. Not over the hill, exactly, but far enough removed from your undergraduate experience to remember doing research for your political science papers using books and a card catalog...

Fall Recruiting and the Evening Student, Part 1: Telling Your Boss

Posted on August 05, 2009
If you’re an evening student who also has a real job (particularly if it’s non-legal), I suspect you share my sense of angst with the fall recruiting process. Granted, this year all law students have a particularly angst-filled path to trod through fall recruiting with firms canceling, shortening or otherwise messing with the summer programs...

The New Us ? Back in the Game

Posted on August 04, 2009
Rumors of our demise have been greatly exaggerated, though perhaps reasonably relied upon. But as we prepare to enter our third year of law school and approach the second anniversary of this blog’s launch, it’s about time you know who I am...

Changes to Come

Posted on May 22, 2009
Ugh. Nearly 3 months since our last post. I’m sorry about that. While we really avoided Fight the Hypo during what was a very exhausting end of the semester (yes, I realize plenty of law students kept blogging during that time; they’re better than us) right now we’re really figuring out where this blog goes next...

Study Music

Posted on March 29, 2009
My latest study music playlist: Jackopierce, Bringing on the Weather The Frames, Burn the Maps The Whitest Boy Alive, Dreams Unwed Sailor, The Faithful Anchor Garden State Motion Picture Soundtrack Ray Lamontagne, Gossip in the Grain Radiohead, In Rainbows Denison Witmer, Philadelphia Songs Scrubs Soundtrack (vol 1) Jack Johnson, Sleep Through the Static Kings of Convenience, Versus Coldplay, Viva La Vida or Death and All His Friends Just [...

The Law 1; Ashton Kutcher 0.

Posted on March 22, 2009
Not that it take a lot to set fire to the factual underpinnings of your average Ashton Kutcher vehicle, but its sure funny when your concurrent law school studies bring the gasoline. To wit, I was flipping through HBO late last night, and caught the first 15 minutes of ?What Happens in Vegas,? a predictable [...

Don?t Be a Lawyer?

Posted on March 17, 2009
Dr. Bombay and I have had similar experiences lately. Lawyers have told us to avoid going into the law. My impression is that there is a group of people who continue to practice law but hate it and aren’t shy about telling you. The rest just keep their mouths shut about it, masking their real [...

Managing Stress

Posted on March 16, 2009
I’m so excited. Evening law students will be teaching university staff how to manage stress: This week: Counseling Roundtable for Evening Students Thursday, March 19th 5:30 p.m. Room 305 Be sure to attend this year’s ELSA Roundtable discussion with the CUA Counseling Center for tips on how to manage the stress, anxiety, and other concerns many evening students experience...

Laptops in Class

Posted on March 12, 2009
Via the Volokh Conspiracy: Please Repeat the Question from Amanda Bakale on Vimeo.

Obama?s Justice

Posted on March 11, 2009
Did you see that Justice Souter this week described his job on the Supreme Court as “a sort of annual intellectual lobotomy“? Say what? Law.com, where the link above takes you, suggests this confirms what many have suspeected for sometime, namely that Souter is seriously weary of being a Justice and seriously interested in retiring...

A Cartoon After Our Own Heart

Posted on March 11, 2009
Today’s Courtoon depicts the inspiration for our blog’s name. Incidentally, if you haven’t already done so, Courtoons should really a subscription in your news reader or in your bookmarks under “visit daily.”

Your Internet Presence

Posted on March 11, 2009
You should be aware of your internet presence - http://tinyurl.com/cq8eca

Effects of Statutory Interpretation on Lawmaking

Posted on March 07, 2009
Administrative Law is a pain. One case will purport to be the definitive standard on deference. Another case, written by the same Justice, will purport to reinforce that standard only when one reads what’s actually written there is little reinforcement happening...

Pluto A Planet Again? Sort Of

Posted on March 06, 2009
Clearly buffeted by the waves of yet another political scandal, the powers-that-be in the great state of Illinois need to expand their base. So they’ve looked to the stars, hoping to find the much needed favor that seems to evade them in more terrestrial precincts: Fresh off voting to remove its ethically questionable and impeccably coiffed [...

Nice Civ Pro Hypo

Posted on February 25, 2009
No.634 gives us this good and entertaining civ pro hypo.

The Subway Hypo

Posted on February 24, 2009
Tonight in Con Law we started on nonverbal conduct as speech warranting First Amendment protection and finished up the classes of speech that can be regulated with a quick overview of commercial speech. Because one of the examples our professor used as a permissible regulation was burning things in your fireplace, I got to thinking on [...

The IRS and ?Egregious Governmental Conduct?

Posted on February 22, 2009
Quote from my Admin casebook on application of estoppel to suits against government: “Of course, no list of egregious governmental conduct would be complete without a case from the Internal Revenue Service.”

The Proverbial Question

Posted on February 21, 2009
Professor says we’ll cover a certain amount of reading during given weeks. We skip going over two weeks of reading that was listed on syllabus. Are students still responsible for knowing said skipped reading, which in this case amounts to 85 pages? (I’m inclined to say yes, but I’ve never liked the idea...

Funyuns Would Have Been Cheaper.

Posted on February 21, 2009
Yesterday, I was having a rather intense discussion with an owner?s representative about one of my projects when it was rudely interrupted by a drug bust. Four Arlington County, VA (maybe they were State Troopers) jumped out of a van, raid vests on, guns drawn and surrounded this beat to crap Honda Civic, while another� [...

Getting to Deregulation

Posted on February 19, 2009
I had a brain cramp last night in Admin. I just couldn’t grasp what the professor was asking me when I was briefing a case. He wanted me to state the effect of a certain agency interpretation of a statute that required carriers to do business with shippers “reasonably...

Going to Law School Part-Time

Posted on February 17, 2009
Luke Gilman has posted this very thoughtful post on going to law school part-time. I think there’s much merit in what he says. I certainly agree with his criteria for choosing a school, but add some thoughts on what they mean for evening students and on my current opinion (subject to change) that you should [...

Law is Like?. the French Taunter

Posted on February 14, 2009
How would you capture the essence of law school? I’ve felt since the very first semester that the movie The Paper Chase gets at something central to law school - a challenge to your ego inviting you to take up an intellectual quest for knowledge and growth...

Not Quite Sure What This Means

Posted on February 11, 2009
T&E Professor wins the “not quite sure what that means” award: “Anna Nicole Smith was quite, quite something else.”

Law Review Packet Sales

Posted on February 11, 2009
Am I the only one that thinks it’s typical thoughtless B.S. that journal write-on competition packet sales end at 6:00 p.m. each of the days they’re for sale? Perhaps Probably unreasonable of me.

Design

Posted on February 11, 2009
Upgrade to 2.7.1 is wreaking havoc on our design. Probably my sloppy CSS. Bear with us as we get this straightened out.

News Coverage And Law Enforcement

Posted on February 11, 2009
NBC’s “To Catch A Predator” programs have been highly publicized for the men they catch trolling the Internet for sexual liaisons with young girls and boys. Cops, lawyers, clergy, excons. It seems they have unearthed - or at least shown to the public - a disturbing criminal underworld...

Electronic Casebooks?

Posted on February 10, 2009
Amazon’s release of the Kindle 2 reminded me of something I had pondered last year: electronic casebooks. Don’t get me wrong. I get the same ego trip as you when I look up on my bookshelf and see those law books sitting there, high and mighty...

Quote of the Semester

Posted on February 10, 2009
During an in-class debate over a model pornography statute one of the advocates defending the statute said, “Look, it’s not like this statute will bring the porn industry to its knees or anything.”

What Does It Mean To Do Law Review?

Posted on February 10, 2009
Good post on what it means to do law review: Law Review / Law Journal Defined.

First Dates

Posted on February 10, 2009
YIKES! - Read Jansen’s Notes on Bad First Date.

Makeup Class

Posted on February 10, 2009
Is it really the case that our Trusts and Estates Professor scheduled a makeup class (2 hours) for a Friday night? I was there when he said. I just don’t want to believe it.

Evening Law Students and the Career Office

Posted on February 03, 2009
E-mail today from the Office of Career and Professional Development (OCPD). They’re pimping 7 upcoming events (including an interesting one on alternative careers and another OCI for JAG interviews). Several are at 5:00. The rest are during business hours...

Advice for Prospective Law Students

Posted on February 02, 2009
Last week, we had a prospective law student sit in on one of our classes. It made me think of what advice we here at FTH (contributors and readers) have for prospective law students. What would you say? For my part, I thought of: Watch the movie, The Paper Chase...

The Executive Branch and Lobbying

Posted on January 30, 2009
Obviously the President seeks to influence policy. He holds the bully pulpit. He has a legislative shop (as does each federal and independent agency) that offers feedback and positions on proposed bills. He issues Statements of Administration Policy on certain bills being considered in Congress...

Trying to Get Back on the Horse

Posted on January 28, 2009
We’re all exhausted and unmotivated. That must be the worst excuse for not blogging. We’re all exhausted, right? But it’s true and, plus, we’re students and we whine. So get over it. Dr. Bombay would rather be in a Soviet gulag (being punished by his own comrades) than in class...

My Christmas Wish for Blago

Posted on December 12, 2008
The cesspool that is Chicago (and by extension Illinois) politics often leaves outsiders feeling a lot like Fortinbras at the end of Hamlet: you just can?t believe how it all could have gone so very wrong. And yet, here we are again. This week’s news that Illinois Governor Rod Blagojevich was indicted on Federal [...

Sports Talk Radio Callers

Posted on December 09, 2008
I’m a pretty big sports talk radio fan. We have a great afternoon drive time show here in the DC market. The callers drive me nuts though. Have you heard these guys? They - and some ladies - call in and talk about how the Redskins should be calling this play and that...

Drink Up, It?s Repeal Day!

Posted on December 05, 2008
Today, in 1933, the 21st Amendment was ratified. The Amendment which repealed Prohibition reads: Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use there in of intoxicating liquors, in [...

How do you outline?

Posted on December 02, 2008
My title assumes that you write an outline for each class you take. I do. It’s helpful for me and memorizing it (or nearly memorizing it) is incredibly helpful. (Particularly - and sadly - for my exam tonight where our professor taught us shockingly little about the area of law she’s testing us on...

Happy Thanksgiving, You Turkeys!

Posted on November 25, 2008
I am best fried, or as part of a Turducken.The Hypo Staff will be off for a few days, preparing both to eat our body weight in bird and sides and for exams which start a week from today (yikes!). In the mean time, we wish the best for you and yours and leave you [...

Why Alaska Sucks.

Posted on November 05, 2008
Unlimited power is apt to corrupt the minds of those who posses it; and this I know, my lords: that where laws end, tyranny begins. — William Pitt Looks like the citizens of Alaska, ever fearful of having the federal teat torn from their greedy lips, have decided to return convicted felon Ted Stevens to office, [...

What of the Electoral College?

Posted on November 04, 2008
The Electoral College is awesome. No, seriously. I like it, even if it’s a bit quaint. How do you feel about it? I started thinking about it today as I entered Starbucks to claim my free coffee (which is NOT an incentive to vote), I overheard rather self-assured student at an obscenely wealthy local private school [...

Exam Advice from Bitter Lawyer

Posted on November 03, 2008
I couldn’t disagree more about the study group comment, but I thought this post contained a good point or two about keeping exam prep manageable and in perspective (go read the comments there too): I just started law school.� I?m a little freaked out about finals...

Vegas Glad For Phils Win

Posted on October 30, 2008
It’s funny how gambling keeps coming up here. Some of us here at FTH like the gambling more than others. I don’t mind it, but don’t do it all that much. It just seems to offer some good fodder for hypoing. Did you see this? Two large sports books in Las Vegas declared the Philadelphia Phillies [...

Senator for Life?

Posted on October 28, 2008
It?s not every day that a sitting U.S. Senator goes on trial for corruption. So watching Ted Stevens get clobbered with eight counts of failure to report “gifts” is something to see. Some of us had speculated that the crappy job the Feds did in putting on the case would actually set the old man [...

Law Journal Worth It?

Posted on October 22, 2008
So I’m on a law journal this year. I don’t say that to brag. Trust me. Let’s just put it this way, a friend told me that it’s good I’m being the guinea pig so the rest of our friends can see what it’s like. I got the impression she said it because it takes [...

Is The Bailout Unconstitutional?

Posted on October 21, 2008
In light of our Con Law classes on the shocking breadth of Congress’ Commerce power, I found this column by (free reg. re’d) Robert Levy on the Legal Times website quite interesting In it he contends that the bailout was short-sighted and, most importantly, unconstitutional...

The Law School Journey: Some Positive Things

Posted on October 13, 2008
I have the highest of hopes to have regular features on this blog. But they typically get lost in the law school shuffle. This is one that I hope will last. I’m not making any promises but it is already at least a recurring theme - if not explicit feature - in my writing here...

In Praise of Luke Gilman and ESPN360.com

Posted on October 09, 2008
We sincerely hope that our fellow 2L (at the University of Houston), Luke Gilman, will forgive our reposting his resolution praising ESPN360. His resolution is brilliant. We so strongly agree with his motivation and are so pleased that espn360.com is also available at our law school that we cannot but share in his joy and [...

Evidence Is Not The Place to Fight The Hypo

Posted on October 06, 2008
The title of this blog notwithstanding there are actually areas where you shouldn’t fight the hypo. Evidence is one such time. As BigShow has intimated, it’s not the best class we’ve ever had. But it’s an important topic and our professor approaches the exam the way more professors should - it’s like the Bar [...

Overheard in Law School This Week

Posted on October 03, 2008
Quotes of the week from law school: Crim Law Professor: “Yes. Orgy killings are bad.” Con Law Professor: “Well, lots of stuff is unconstitutional. It just hasn’t been litigated yet.” Classmate’s facebook status: “What is it about this class that makes time stand still?”

Sarah Palin (hearts) Privacy.

Posted on October 02, 2008
If you?re anything like me, you have grown increasingly tired of the ?Sarah Palin/Katie Couric? show that CBS seems to have been running longer than ?Survivor.? But one really interesting item of note from last night?s session was that when Couric asked Palin if she believed that the Constitution contained an inherent right of privacy, [...

Legal Briefs (Dubious Lawyers Edition).

Posted on October 02, 2008
If you’re like us, you’re busy making final preparation for your big “VEEP Debate” watching party tonight. Make sure you keep plenty of whatever the heck to official food of Delaware and Alaska are handy. And some Rolaids. Free the Fairbanks One! When BigShow first floated the idea that Alaska Senator Ted Stevens would walk [...

Legal Drafting, Executive Compensation, and the Bailout Plan

Posted on September 29, 2008
The bailout plan that Congress will vote on this morning is an interesting mix of handouts to failing banks and market incentives to insure failing - or potentially failing - mortgage-backed securities. The latter objective, among others, is what hung up the bill on Friday...

Speechless

Posted on September 24, 2008
I’m simply speechless. I’ll just copy the story here in its entirety: A Lexington man, now famous for how many times he’s been arrested, is again making headlines. Yesterday, Henry Earl answered to a judge on a charge of alcohol intoxication - a crime he’s now committed one-thousand times...

Going After Honda.

Posted on September 23, 2008
I have a Honda that I?ve driven for 8 years. I bought it new and maintained it properly. I was lukewarm about the car when I bought it, but I?ve come to love it for its reliability and fuel economy. I mention this because about two weeks ago, the air conditioner blew up...

Dr. Burton Sums it Up.

Posted on September 22, 2008
In light of our discussion on political advertising and its truthfulness, I ran into this very timely article in Salon today by a Dr. Robert Burton, former head of medicine at Mt. Zion-UCSF Hospital and the author of “On Being Certain: Believing You Are Right Even When You’re Not...

Alternate Careers: NFL Referee

Posted on September 18, 2008
You always hear about other jobs people can do with a law degree. Here’s the coolest I’ve heard of so far: NFL Referee. Ed Hochuli is Referee #85 in the National Football League.� A fact I didn’t know until this week when I heard that he was getting hate mail at his law firm as a [...

Pondering ?Truth? in Political Advertising?

Posted on September 17, 2008
So I’m pondering whether we need some tighter regs on political advertising. My fingers are burning as I type that. How can I possibly oppose McCain-Feingold but wonder whether we need tighter regulations on political advertising, you ask? It’s a good question...

So Amazing, I Can?t Think of a Pithy Title.

Posted on September 16, 2008
Sometimes, legislation comes along that blows your mind. You know the type: devoid of any practical considerations and fodder for hundreds of lawsuits. There always seems to be an uptick in this silliness in election years, presumably to motivate single issue voters to head to the polls...

5 Blogs and 5 Bloggers

Posted on September 16, 2008
Fight the Hypo has been tagged for the first time (by Victoria Pynchon at the Settle It Now Negotiation). Our “5 Things” task is to list 5 non-law blogs that we like and link to (or tag) 5 blawgers who should do the same. First, these blawgers are tagged: No...

Did Obama Violate the Logan Act?

Posted on September 15, 2008
The better question is: can we really even know? So, Mrs. Sherpa and I watched Charlie Wilson’s War this weekend. We had seen it before but were hoping to find a movie we knew was good and entertaining. It was. Even the second time. But a line caught my attention...

Cabs, Contracts, and Horse Racing

Posted on September 10, 2008
A couple of weeks ago, I went up to Saratoga Springs for the Travers Stakes. For those of you who are not degenerate horse gamblers (like me) you might not know that the Travers is the oldest Grade 1 stakes race in the country. You may also not know that the sleepy hamlet of Saratoga [...

Second Year Evening Students - An Exercise in Frustration

Posted on September 08, 2008
As evening students, our “first year” course load is spread out over a total of two years. Where a first year day student would have Crim, Con Law, Evidence, Contracts, Property, etc. during his first year, we in the evening division get our classes split up...

Will Someone Please Sue Major League Baseball?. Pretty Please?

Posted on August 28, 2008
I’d love to see a big-time lawsuit over steroids in baseball. I don’t know why. I’m not really a big fan of lawsuits generally. But I think it would make for great theater and there has to be a way to get at the owners who, while not injecting B12 into Clemens’s hindquarters, encouraged d-bags [...

Law School as Excuse

Posted on August 26, 2008
No real substance to write about at the moment. It’s been several weeks now of serious FTH writer’s block for me. Just can’t seem to focus my thoughts and energies enough to write something that (a) makes sense (b) actually says something and (c) doesn’t sound like whining about being back in class (because, frankly, [...

Single In School - Take One

Posted on June 13, 2008
Sherpa and the good Dr. have asked me to shed some light on being the single girl in law school. And here?s my first crack at it?. By day I have a decent desk job and by night I?m a slave to the evening law program. Through the whole experience, I?ve managed to balance work, school, [...

Just Answer My Question!

Posted on June 10, 2008
Maybe it’s just the heat, but I’m a bit frustrated at my school. The law school cafe isn’t open during the summer. I’m still waiting on grades (just one left, though). The financial aid office hasn’t been very communicative...

And For Dessert, I?d Like the Death Penalty, Please

Posted on June 09, 2008
Here’s a question for you: should someone who requests the death penalty be prohibited from receiving it? From Friday’s New York Times: [Khalid Shaikh Mohammed], the former senior operations chief for Al Qaeda, said he would represent himself and dared the Guant�namo tribunal to put him to death...

CKBL 1, MLB 0.

Posted on June 02, 2008
A tip of the hat to The Commissioner, who brought to my attention that today the Supreme Court, got one right. Specifically, they declined to hear without comment Major League Baseball?s appeal of a November ruling from the 8th Circuit stating that the 1st Amendment trumped baseball?s right to rob us...

Top 10 Things I Hate About Law School

Posted on June 02, 2008
A Top Ten list is like penicillin, the catch-all means of remedying writer’s block, and I’ve had the bird flu of writer’s block of late. So, thought I’d put together some lists of stuff I like and hate about law school, hopefully with our loyal readers adding to the random stuff I include...

Reaction to FLDS decision

Posted on May 30, 2008
I’m curious to hear your reaction to the Texas Supreme Court’s decision to return the children seized by the Texas Department of Family Protective Services (DFPS) from the FLDS’ Yearning for Zion Ranch. I’ve read the court’s decision and a few news reports...

Where, O Where Are My %$$#(& Grades?

Posted on May 28, 2008
Delays in the release of grades is frustrating for the law student, particularly if they are relying on them to get a job, internship, or transfer to another school. Is the experience of waiting for what seems like an eternity to receive grades a universal law school experience? Or is it unique to The Catholic University?SHARETHIS...

No Drinking In Class

Posted on May 20, 2008
One of the things I was rather surprised by during my first year of law school was the number of rules that professors had regarding behavior of students in class. Perhaps my age is getting the best of me, but I had assumed that the days when professors had to lecture students on raising their [...

Best Party Ever.

Posted on May 19, 2008
Mrs. Bombay and I were at a cocktail party yesterday for a dear friend of ours who was just named to the directorship of high powered organization here in town. While there, I met his daughter, who is going to be matriculating at the University of Arizona?s James E...

?So that Happened.?

Posted on May 12, 2008
It?s all over save for the shouting now, and I?ve been trying to come up with some overarching theme, some great lesson I?ve learned from my first year in law school. But truth be told, I can?t. Don?t get me wrong, I?ve learned a tremendous amount myself, my friends, this whole process, but I can?t [...

Exam Time!

Posted on April 28, 2008
The Hypo will be on hiatus this week, and we haul our sorry carcasses through exams. We?ll be back in full force on May 7th after we?ve driven a stake through the heart of Contracts, and the hangover has worn off. A few thoughts for you to consider in our absence: ?�Is there anything stranger than [...

Choosing What You?re Good At

Posted on April 23, 2008
T-minus 7 days until our first exam. Torts. I have the requisite intent of making it my b&%ch. The question is whether that intent will be transferred to a C or lower. Ugh. Actually, during breaks from outlining and when I’m not working, I’ve been thinking more about what I want to do with the law...

Scalia?s Got a Steel Chair!

Posted on April 21, 2008
Justice Scalia’s recently did his best Kimbo Slice impression on Justice Stevens in his concurence in Baze v. Rees, applying a torrent of blows that takes the entire myth of civility on the High Court and chucks it out the window. As a follow-up to our previous discussion regarding the effect of judges on the [...

Getting Served: Vinoteca

Posted on April 20, 2008
After a long day of grinding away on our Torts outline, Team Hypo decided to go out for a little R&R last night. Master of Ceremonies Sally Proust selected a new wine bar ? Vinoteca ? located on U Street. D.C. has experienced a proliferation of wine bars as of late, and Sally and [...

Fight the Hypo Gets Served

Posted on April 20, 2008
Being an evening law student (assuming you have a full time job) in a constant balancing act. I like to say that I?ve got three points of performance; my job, my marriage, and school. So between not getting fired, keeping Goody Bombay from killing me, and not failing Property, I?ve got my work cut out [...

The Best Page in the Dictionary

Posted on April 19, 2008
While looking through Black’s Law Dictionary, Third Pocket Edition today, I found the best page in the history of dictionaries. Page 545 containes definitions for “polyandry”, “polygamy”, “polygraph”, “polygyny” (similary to�bigamy), “Ponzi Scheme”, “pork-barrel legislation”, and “pornography...

Diversion From Outlining

Posted on April 19, 2008
Need a break from outlining? Head on over to PrawfsBlog and vote on the Most Screwed Victim in Caselaw History. I voted for Peevyhouse. Who did you vote for? SHARETHIS.addEntry({ title: "Diversion From Outlining", url: "http://fightthehypo.com/2008/04/19/diversion-from-outlining/" });

Bad Faith As The Key To Tort Reform

Posted on April 17, 2008
We had an okay class discussion about tort reform recently in Torts. (At this point in the semester I think we’re all too exhausted for a heated or animated debate on the topic.) It amuses me that the words “tort reform” are always put in quotes in our casebook - and even in the way it [...

Civil Law and Religious Authority

Posted on April 16, 2008
Pope Benedict the XVI is here, our Campus has been scrubbed from top to bottom, and the faithful are lining up in droves to get tickets to see the Holy Father pray the Rosary and say mass. Not being a Roman Catholic, I don?t find myself all that excited, but I respect the religious choices [...

Catholic Univ. Law Professor At SCOTUS Today

Posted on April 15, 2008
Former Justice Thomas clerk and Catholic University Law Professor Peter “Bo” Rutledge will be arguing before the Supreme Court today in the case of Irizarry v. United States. The case involves the sentence imposed on a man who threatened to harm his wife...

Ennui.

Posted on April 13, 2008
:(n) a feeling of utter weariness and discontent resulting from satiety or lack of interest; boredom. So exams are roughly 3 weeks away, and I could not care less.� Sure, I?m aware of the effect that positive (or negative) grades can have on my overall academic and career trajectory, but I?m boiled cabbage compared with the [...

Last Lawyering Skills Class

Posted on April 12, 2008
Last Lawyering Skills Class + Heineken = Recipe For Success SHARETHIS.addEntry({ title: "Last Lawyering Skills Class", url: "http://fightthehypo.com/2008/04/12/last-lawyering-skills-class/" });

Dram Shop Liability (for Lousy Drinks)

Posted on April 07, 2008
So Mrs. Bombay and I were at a wedding this weekend in Philadelphia, and stopped off for a drink with some friends for a drink. The selected venue was an establishment called The Continental, which holds itself out to be a martini bar. I sat down and ordered a pair of ?Dirty Goose Martini?s, Straight [...

Every Law School Needs An Official Blog

Posted on April 03, 2008
So, I’ve been toying around with SearchMe today. It’s a cool visual search engine (click on the screenshot to the right to see it). Still in beta form, but it’s open registration to try it out. I think it’s pretty cool. The whole premise is that you see the pages that come back in a [...

Epiphany

Posted on April 02, 2008
As our recent foray in poetry suggests, the 1 L rite of passage that is the Appellate Brief is now finished. Oral Arguments are next, followed by exams, and then I, for one, am going to collapse into a heap. Other than exhaustion and caffeine addiction, one of things that I find most amazing about law [...

Posner on Bell Atlantic v. Twombly

Posted on April 02, 2008
In a RICO case, Judge Posner opined on the post-Twombly standard on motions to dismiss under Fed. R. Civ. P. 12(b)(6). (H/T How Appealing) The case involved an allegation that a municipal government had pre-empted their efforts at building a marina on their land by conspiring in a “continuing violation” of the RICO statute...

Appellate Brief Haiku

Posted on April 01, 2008
Submit your very own Haiku honoring (slandering?) your 1L Appellate Brief. All schools welcome. Here’s mine: You red clad devil. Your page limit frustrates me. Can’t wait to burn you.* * after I submit you, get a grade, and get you back, of course...

On Newsstands - US News Rankings

Posted on March 31, 2008
They’ve been out for about a week already, but the US News & World Report’s 2008 Law School Rankings are out on newsstands today. Our school’s response is muted and focuses (correctly in this PR Guy’s view) on the school’s year-to-year improvement...

A Music Tax? The Extortionary Ways of the Music Industry

Posted on March 29, 2008
Mike Arrington at TechCrunch has several good stories on a proposed “music tax” which the recording industry is seeking to impose on listeners. As per usual the industry is talking out of both sides of its mouth by suggesting that the tax would not be mandatory but would instead be a voluntary scheme that ISPs [...

US News Rankings Preview

Posted on March 27, 2008
Even though we’re building a case against the US News Rankings here at Fight The Hypo (stay tuned), we were pretty excited to see this leaked Top 100 of the rankings listing Catholic U at #86 (up 11 spots from last year)!! No matter how much we read about how bogus these rankings are or [...

Springtime in Washington

Posted on March 26, 2008
There’s not much better than springtime in Washington. I was psyched this morning to wake up to a forecasted high of 67 today - so much so that I donned a golf shirt for the first time this year (big day for any pseudo-yuppy). I’ve also gotten to play some golf - including one round with [...

Practice Tip: Claim The Obvious

Posted on March 21, 2008
If you’re a Florida (or Michigan) resident suing the Democratic National Committee because their primary rules have disenfranchised you, it might be helpful to allege that you actually voted. From pages 6-7 of today’s 11th Circuit opinion in DiMaio v...

Summer Classes!

Posted on March 19, 2008
So, after overcoming the technical issues with the online registration system, the Fight The Hypo crew is registered for summer classes. We’re not taking any classes that are GPA-padders. Each course is a central part of our legal edcuation either because it meets a requirement of our school or it’s on the bar...

Why Can?t I Just Go On Vacation?

Posted on March 18, 2008
Since I entered law school, I've begun to approach some things differently. Like reading a rental agreement for a vacation property at the beach. It's fascinating to me how new things are fitting together and what was once an inaccessible, unintelligible mish-mash of legalese is starting to make sense.

Introducing New Contributor Sally Proust

Posted on March 17, 2008
It’s my pleasure to start the week off by introducing you to my friend, classmate, and new writer on Fight The Hypo - Sally Proust. I think you’ll find her mix of sass and sweetness refreshing, given our predilection around here for old-man-bitterness and cynicism...

Law Firm Harassment Flash Card

Posted on March 14, 2008
Copyranter points us to this priceless ad on sexual harrassment that ran in the Chicago area. It’s the case study method of print advertising which can sometimes be quite effective. This ad is brilliant! Sort of. Okay not really. Kind of disturbing actually and far from effective...

From The ?Please Tell Me This Is A Dream? File

Posted on March 13, 2008
This is from our Torts reading for tonight. Make sure you test the floor of the Port-O-John next time… The case for the plaintiffs was that they were tenants of the defendant, which controlled the house wherein they lived and also the adjoining house, and provided a detached privy for the use of both houses; [...

Can A Fan Sue When His Team Loses On Purpose?

Posted on March 12, 2008
Sadly, those seeking to use the courts to hold the Cheatriots accountable for their racketeering have chickened out. Dr. Bombay said then (as did others) that the suit was likely to be dismissed. The question remains though - how can you sue a pro sports team? I’ve been thinking that there must be a way to [...

Top 25 Best Values in Law School

Posted on March 11, 2008
Everyone who has been through the law school application process knows exactly where their school sits in the rankings. The general perception is that the entire legal education market is a pyramid, and if you get better LSAT scores, you go to a better school, which gets you a better job, etc...

Your School Sucks - Why Should We Hire You?

Posted on March 10, 2008
Despite the fact that we’re just 1Ls, a lot of the folks in our program are concerned with job prospects after school. A friend of mine recently interviewed for a non-legal position at one of the top law firms in town here, and while I’m not surprised at what he found during the interview, it [...

?I?m Not a _. I?m a Lawyer Who Does _?

Posted on March 05, 2008
I just caught up with a good friend who graduated recently from my law school. She’s currently looking for a new career - not because she doesn’t love the law (she does, actually), but because her personality doesn’t take well to much of the work involved in being a lawyer (i...

The Scheduling Conundrum

Posted on March 04, 2008
J. Louis May over The Legal Scoop has this good rundown of the challenges of course selection (something many of us here at Fight The Hypo are grappling with). The primary issue being: Do I take a course that’s not required but is tested on the Bar or should I pursue classes more directly relate [...

Movie Review: There Will Be Blood

Posted on March 03, 2008
“There Will Be Blood” is a good movie (for the first time ever, Mrs. Sherpa is wrong on this). Daniel Day Lewis - though he’s playing a similar character to Bill “The Butcher” Cutting - is excellent and his character is exceedingly evil...

Wikipedia As Study Tool

Posted on February 28, 2008
I like to link to wikipedia articles. I like the value added by a site that aggregates knowledge while setting up controls - computer and human - to screen contributions for self-promotion and inaccuracy. Of course, the law-related entries on there are not SCOTUS truth nor are they to be quoted for exams...

Attack of the Wiener Dogs.

Posted on February 27, 2008
A close friend of mine was recently bitten by her beloved dachshund. (Mercifully, she?s alright.) I’m also told that her husband was able to stay his murderous wrath and not punt the dog, which makes him a better man than me. Like everything these days, it got me wondering what the legal ramifications of being [...

Extra Last Minute Assignments

Posted on February 26, 2008
I’m generally busy at work. So when I get an extra reading assignment from a professor at 2:20 p.m. for that night’s class, I’m not happy. I got such an assignment today - and I was livid. Particularly since in tonight’s Torts class we’re discussing proximate cause and that hopelessly ridiculous case, Palsgraf v...

Ode To Study Groups

Posted on February 23, 2008
This video explains better than most why a study group can be really beneficial…

Crack For Bloggers, A Note On Our Mission

Posted on February 22, 2008
This week I made a mistake - the second time I’ve made it really. In a way, we opened this blog to goof off. I wanted to improve my web design skills and write about this all-consuming experience I was having. After putting up version 1.0 of the design, I found friends wanted to join in [...

Flipping Off The Witness

Posted on February 21, 2008
The Volokh Conspiracy points us to this video that the Jackie Chiles Law Society at the University of Utah showed at a recent meeting. Be patient with it. It’s worth the wait!

Why Is The Second Amendment Different Than The First?

Posted on February 20, 2008
Despite my conservative instincts, I have serious problems with the opposition to any form of gun control. Help me think through these issues.

Technorati Post

Posted on February 20, 2008
Technorati Profile

The Mid-Semester Itch

Posted on February 19, 2008
One of the things that I’ve begun to realize about law school is that each semester, I’m going to have a miniature mid-life crisis. This is like a regular mid-life crisis, except instead of going out and buying a sports car, I just get depressed...

New England Organized Crime?

Posted on February 18, 2008
It has finally become clear. The New England Patriots amazing run this decade has not been the result of brilliant player management, Tom Brady (arguably, the best quarterback of his generation), or solid coaching. Nope, the New England Patriots have done it all through Racketeering and cheating...

The Case For A New Res Ipsa Loquitur: ?It Is What It Is?

Posted on February 15, 2008
We here at Fight The Hypo are on the cutting edge of legal reform, committed as we are to justice, freedom, and the rule of law. Here’s an example of our innovative and forward-looking thinking for dealing with the critical challenges facing our legal system...

Fight The Hypo Award: Mommy On The Floor

Posted on February 15, 2008
I was going to call this the “Friday Fight The Hypo Award” but who has time to award something every week? So our first official and illustrious “Every Now and Then Award For Fighting the Hypo” goes to, Mommy on the Floor. She writes: I was on call for Torts...

It?s Cheaper to Let Her Husband Keep Her.

Posted on February 14, 2008
Happy Valentine?s Day loyal readers! The High Holy Day for the Secular Cult of Romantic Love is upon us again, and while you?re making yourself sick eating Conversation Hearts, I found this for you to ponder. The ironically named Sandra Valentine had been married to her husband Johnny for 4 years when she went to work [...

Congress = Gong Show?

Posted on February 12, 2008
[Ed Note: So… in editing and updating this post, I inadvertently deleted it. My apologies. Here’ s my best effort at quickly recreating it, with notes on what I’ve changed/added.] All that today?s episode of the Gong Show? er, I mean all that the latest Roger Clemens hearing on Capitol Hill is missing is Gene [...

Happy Steve Day!

Posted on February 12, 2008
Today, our long time reader and beloved friend Pakistani Princess? man (Steve) is returning from the Land of the Pure. In celebration, we decree today National Steve Day, and request that all of you print the Official Logo (Courtesy of the Artistic Department), and display it proudly in your home or office...

Trees vs. Solar

Posted on February 11, 2008
The Law of Nuisance (caution: wikipedia link) is on tap for Property class this week - at what point do someone’s actions which disrupt the quiet enjoyment of your own property form the basis for a cause of action? Several notes in our casebook dealt with the issue of light invading someone’s use of their own [...

Law and Economics For The 1L: Time Allocation

Posted on February 01, 2008
This post is neither a homage to Judge Richard Posner and the Law and Economics movement nor a critique of it. That will come this summer ? I?ve purchased two books (one for, one against the movement) to read and provide comment. So, sorry. Wherever I come down philosophically on the law and economics movement, I [...

Be The Driver, Not The Gunman.

Posted on January 28, 2008
Enron. Just saying the name sends a chill down the spine. In the minds of investors everywhere, it is the very distillation of corporate malfeasance. On the back of a collapse that cost millions of people billions of dollars, it turns out that ?The Smartest Guys in the Room? were nothing more that a collection of [...

?What If Someone Breaks a Tooth??

Posted on January 25, 2008
Yesterday, I had what I’m convinced is a universal law school experience. Last night, a classmate walked into the atrium outside our Torts class carrying a King Cake. That day at work, one of his clients (from New Orleans) had sent it to him as a thanks for his hard work...

Gut Check Time

Posted on January 23, 2008
Last night was one of those nights for me. If you’re a law student - or have ever been one - you know what I’m talking about… a paper due in a week that you have no idea how to write (or research)… 50 pages of case reading staring you down… just received below average grades (in your [...

Do the Math.

Posted on January 20, 2008
I wanted to offer a corollary to The Sherpa?s post about the ?worth? of a law school education. To frame the debate, let my first offer a little background. I went to graduate school at the University of Chicago immediately after I got out of college...

Is Law School Worth It?

Posted on January 18, 2008
WSJ’s Law Blog (highly recommended reading) has this post from a former BU Law student, Kirsten Wolf, who graduated $100K in the hole, assuming she would land an “average” job that would net her $85K/year upon graduation. Despite passing the Massachusetts bar, Kirsten wasn’t able to find the mythical “average” job and decided to [...

My First Snow Day

Posted on January 17, 2008
So, a co-worker asked how long it had been since I had a snow day home from school. It would have been super-cool if I could have said something like, “Man not since the Blizzard of ‘74.” You know, some date that really put some age on me, maybe some gray hair...

Corliss Sues Empire State Building!!

Posted on January 16, 2008
Just in time for my Torts class’ discussion about Intentional Infliction of Emotional Distress comes this lawsuit from Jeb Corliss (this story was posted less than 2 hours before class yesterday) : Jeb Corliss, the professional parachute jumper who tried to leap off the Empire State Building on April 27, 2006, released a short video today [...

Movie Review: The Paper Chase (Or: How Law School Messes With Your Head)

Posted on January 14, 2008
I can’t imagine a law school blog that does movie reviews without including one on The Paper Chase. Having watching it recently, I’ve been thinking about it a lot. And there’s probably not much I could say about the classic movie The Paper Chase beyond what’s already been well-said...

Making Sense of First-Year Law School Grades

Posted on January 09, 2008
So, our grades are trickling in… finally. Still waiting on two, though. I’m still a bit miffed that I had to pay for my second semester of law school before knowing how I did in the first semester, but I guess I’ll just have to get over it...

Lawyers? Drop in Social Status

Posted on January 08, 2008
Via Facebook, a classmate posted a link to this story from the New York Times over the weekend. The essence of the piece can be summed up in this quote: “The pay is still good (sometimes very good), and the in-laws aren?t exactly complaining. Still, something is missing, say many doctors, lawyers and career experts: [...