Halfway through the first semester, here's a sampling of what I've learned:1. "An obsessed law student is the most boring of God's creatures." -Dean Agrawal.
This may be true, but obsessed law students have the best outlines.
2. "The ambiguity of the law is your job security." -Prof. Keller.
And therefore lawyers (and legislatures) have no incentive to make the law clear and concrete. The Bluebook, however, is the unchanging anchor that holds legal citations firm in the unpredictable waves of American jurisprudence (at least until a new edition comes out).
3. "The word 'chicken' standing alone is ambiguous." -Judge Friendly.
I swear I did not make that up.
4. After two-and-a-half lectures on the Rule Against Perpetuities in property class, Prof. DeLaTorre gave us this comfort: "The good news is that in Lucas v. Hamm, the court said that this rule was so complicated that an attorney could not possibly be held liable for malpractice for not understanding it. The bad news is that no other court has ever held similarly. Worse news: you need to know it for the final."
3 comments:
1. True and true.
2. Yes, but don't get too confident in Bluebook. Turns out each state and sometimes each court has their own citation rules. I keep Bluebook as well as a packet on updates to the Ohio Rules of Citation closeby. Truly.
3. I love Judge Friendly cases. You'll read more.
4. The worst news for me is that I actually have to deal with the Rule Against Perpetuities in my practice.
Wow. To the above assertion that Rule Against Perpetuities is still practiced in the world, let alone the United States, astounds me.
As to the Bluebook, you'll quickly find, especially if you do a clerkship at any point, that no one pays attention to it or even to the jurisdictional rules. I say we rock the boat, though, and make rule-following a new trend for a new generation of lawyer. What say you Joseph?
Eric
PS--my Word Verification was "reten"--short for retention deficit disorder. This is what will happen to you the day after your finals, where your brain literally vomits out the "important" information you forced into it for two months of intense cramming. The resultant void must be filled with something, and I recommend silly Christmas movies (Elf, National Lampoon's Christmas Vacation, Muppet Christmas Carol, etc.) and a hefty dose of Guitar Hero.
Well, Joseph, there are frying chickens and there are baking chickens. Come on, man. You can't expect chicken to just mean chicken.
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