JD Candidate @ USD

Have you seen this?

2008-05-08T17:52:00.001-07:00

I just can't resist... Check out what someone did with Legos...

Feeling Hungry? Thirsty?

2008-04-19T17:54:00.000-07:00

For those of you who've heard, but never been... Here's a photo from The Field, San Diego's best Irish Pub in the Downtown area. Love it!

The Fracturer (more baseball...)

2008-04-17T22:02:00.000-07:00

How about about the escalator that just suddenly sped-up, causing a fractured leg and other injuries at Giants Stadium? I wonder if there was a lawsuit (and if the court referenced that other famous New York tort case of some similarity, Murphy v. Steeplechase Amusement Co. ["The Flopper"])?

Of course, it's completely different because we're not talking about an obvious risk, but it's hard not to see some ironic similarity.

Death at the Ballpark

2008-04-16T10:55:00.000-07:00

Shea Stadium - Home of the National League New York Mets

A fan at the ballpark yesterday, presumably on license, fell over the railing of an escalator to his death while leaving the par after the game with his family. Some interesting facts:
* Family (incl. "two young daughters") was with him, saw him fall to his death.
* Not injured by a normal "part of the game."
* Foreseeablity
-Another fan had fallen off of an escalator to his death in 1985.
-There is no mention of renovations to the escalator railings post 1985 -is this relevant?
* Reasonableness of Foreseeability
- Only ONE other similar accident in past 23 years.
- Was there EVER another such accident (besides the 1985 accident)?
- How many millions of fans have safely traversed the same route?
*Further interesting notes:
- Cousin stated victim was "holding the railing" and "walking," [not running,] when he "slipped."
- This is Shea's last year in existence. Any chance the owners consequently chose not to invest in some important renovations?
* Is there a duty?
* S/L? Negligence?

The Alligator Man

2008-04-16T09:38:00.000-07:00

So, on a routine traffic stop, you have a "free-range alligator" in your car, but at least it's not concealed.

Exploding Batteries - Tort(?)

2008-04-15T11:36:00.000-07:00

Settling for $13,000 seems like a very small "victory" to me, but I believe that Japan has a very different stance on product liability torts than we do here in the States.

Capital Punishement for Crimes Other Than Murder

2008-04-15T10:09:00.000-07:00

One state is preparing to execute a convict for raping an eight year-old child. This has raised a constitutional challenge, since the US Supreme Court in both 1976 and '77 ruled against capital punishment for rape, but Louisiana claims that the precedent only precludes execution for the crime of rape on adults.

What do you think?

Civ Pro II

2008-04-14T20:24:00.000-07:00

04/15/2008

Ticor, 8-95
Chapter 9 and reread CB 2-1 from last semester,
Rules 1, 2, 3, 7, 8, 11, 12(b), (e), (f), 15, 54(c)
Forms 1, 2, 9, 20

04/17/2008

Chapter 10 (pay special attention to intro note on discovery), Rule 26
Chapter 11

Many thanks to Nate for supplying this, as my computer didn't boot-up in time for me to get it directly from Brooks... :-)

Torts -UPDATED!

2008-04-14T10:58:00.000-07:00

For those of you, like myself, who wondered what the assignment would be for this week, Prof. McGowan has just sent around an email with the details. Apparently, there was an error with the server on Friday, which is why we haven't heard until now...

TUES 612-628 to finish up warnings
FRI Seffert & compensatory damages, 698-713, n 9 &10 pp714-16, n 12 & 13, 717-18; wrongful death actions 726-32.

Baseball - Superstitions - Criminal Charges; oh my!

2008-04-14T10:20:00.000-07:00

Ever thought your crazy sports-superstitions could get you in trouble? Better not act with "malicious intent," and jinx the other guy.

Can there be criminal charges if no harm would actually occur -at least, there's no reasonable person who could reasonably foresee that harm. Right?

As the D.A.'s ponder charges, New York's witch-doctors and voodoo priestesses quake with trepidation.

12 y/o Sentenced as an Adult

2008-04-14T10:18:00.000-07:00

Did the state properly use it's discretion? The Supreme Court decides to abstain from comment; comity.

CivPro Assignments 4/8, 4/10

2008-04-07T21:54:00.000-07:00

Tue: R.1, 23, (cursory look @23.1/.2), §1332(d) [long provision], §1453 [removal], §§1711-15 [are coupons a settlement?...]; Vasquez 8-62, Hansbury v. Lee 8-56

Thurs: Eisen 8-74, Sailor v. Lindsay (Friendly, J.) 8-87

CivPro 4/1 and 4/3 [Thurs.'s class is at 9am!]

2008-03-31T13:33:00.001-07:00

Hi all-

This week's reading assignments are listed below. Also DON'T FORGET that Thursday's class, lecture only, is at 9am!!

Tue: 8-27 Atlantis Dev., R. 24(a)(b); 8-41 Bustop

Thurs (9am!) [Lecture only]: 8-45 State Dept. R. 1, 22, 82, §1291, 1292, 1335(a), 1397, 2361

Our nation is nutzo over celebrity...

2008-03-13T23:17:00.000-07:00

...even celebrity of the questionable-type. Perhaps especially so.
The (newly) infamous KRISTEN.

Because I need a laugh just now, don't you?

2008-03-13T17:29:00.000-07:00

The following excerpts are actual answers given on history
tests and in Sunday School quizzes by children between 5th
and 6th grade ages in Ohio. They were collected by two
teachers over a period of three years. Read carefully for
grammar, misplaced modifiers, and, of course, spelling.

Writing at the same time as Shakespeare was Miguel Cervantes.
He wrote Donkey Hote. The next great author was John Milton.
Milton wrote Paradise Lost. Since then no one ever found it.

Ancient Egypt was old. It was inhabited by gypsies and mummies
who all wrote in hydraulics. They lived in the Sarah Dessert.
The climate of the Sarah is such that all the inhabitants have
to live elsewhere.

Moses led the Hebrew slaves to the Red Sea where they made
unleavened bread, which is bread made without any i ngredients.
Moses went up on Mount Cyanide to get the ten commandos. He
died before he ever reached Canada but the commandos made it.

Solomon had three hundred wives and seven hundred porcupines.
He was a actual hysterical figure as well as being in the
bible. It sounds Like he was sort of busy too.

The Greeks were a highly sculptured people, and without them
we wouldn't have history. The Greeks also had myths. A myth
is a young female moth.

Socrates was a famous old Greek teacher who went around giving
people advice. They killed him. He later died from an overdose
of wedlock which is apparently poisonous. After his death, his
career suffered a dramatic decline.

In the first Olympic games, Greeks ran races, jumped, hurled
biscuits, and threw the java.

Julius Caesar extinguished h i mself on the battlefields of
Gaul. The Ides of March murdered him because they thought he
was going to be made king. Dying, he gasped out "Same to you,
Brutus."

Queen Elizabeth was the "Virgin Queen." As a queen she was a
success. When she exposed herself before her troops they all
shouted "hurrah!" and that was the end of the fighting for a
long while.

It was an age of great inventions and discoveries. Gutenberg
invented removable type and the Bible. Another important
invention was the circulation of blood.

Sir Francis Drake circumcised the world with a 100 foot clipper
which was very dangerous to all his men.

The greatest writer of the Renaissance was William Shake-
speare. He was born in the year 1564, supposedly on his
birthday. He never made much money and is famous only
because of his plays. He wrote tragedies, comedies, and
hysterectomies, all in Islamic pentameter.

Delegates from the original 13 states formed the Contented
Congress. Thomas Jefferson, a Virgin, and Benjamin Franklin
were two singers of the Declaration of Independence. Franklin
discovered electricity by Rubbing two cats backward and also
declared, "A horse divided against itself cannot stand." He
was a naturalist for sure. Franklin died in 1790 and is still
dead.

Abraham Lincoln became America's greatest Precedent. Lincoln's
Mother died in infancy, and he was born in a log cabin which
he built with his own hands... Abraham Lincoln freed the
slaves by signing the Emasculation Proclamation.

On the night of April 14, 1865, Lincoln went to the theater
and got shot in his seat by one of the actors in a m oving
picture show. They believe the assinator was John Wilkes
Booth, a supposingly insane actor. This ruined Booth's
career.

Johann Bach wrote a great many musical compositions and had
a large number of children. In between he practiced on an
old spinster which he kept up in his attic. Bach died from
1750 to the present. Bach was the most famous composer in
the world and so was Handel. Handel was half German, half
Italian, and half English. He was very large.

The nineteenth century was a time of a great many thoughts
and inventions. People stopped reproducing by hand and
started reproducing by machine. The invention of the steam-
boat caused a network of rivers to spring up.

Charles Darwin was a naturalist. He wrote the Organ of the
Species. It was very long. People got upset about it an d had
trials to see if it was really true.

Madman Curie discovered radio. She was the first woman to do
what she did. Other women have become scientists since her
but they didn't get to find radios because they were already
taken.

Mr. Spitzer... is that just an unfortunate name? Nevermind, here's your number...

2008-03-12T00:30:00.000-07:00

What has it been, a day? Well, now you can order your very own Eliot Spitzer commemorative t-shirt! That's right, a t-shirt that references that oh, so famous now, New York Governor, and connoisseur of the oldest of professions (preceding link is quite detailed).

Now, as a side, why does the wife stand up there on that stage with him? I wouldn't think she'd want to stick around through this -what could be more humiliating? Of course, there is precedent (I must admit, this last link is a gem), and even with the President. Of course, there was some very funny satire of that event, too.

IP Panel Event

2008-03-11T14:33:00.000-07:00

A recap from the presentation on an IP Panel in CivPro II.

Event: IP Panel - 30 Attorneys attending.
Date: Thursday, 11/13
Time: 6pm to 8:30pm
Where: Warren Hall lobby-area.
Note: You do NOT need a science-degree for IP Litigation.
Email: hlloyd@sandiego.edu
Include: resume, "if you like."

International/ Child Advocacy Legal News

2008-03-11T11:31:00.000-07:00

Japan still lags behind the international community when it comes to regulation of child pornography. Indeed, it wasn't until 1999 that there was any law on Japanese books pertaining to regulation -and that was a rather weak law.

Current law prosecutes production and sale, but possession is not criminal. This effectively hand-cuffs enforcement. Oh yes, and comics, video games, and animation are not regulated at all.

In response, the international community is pushing for change.

WE MADE THE FRONT PAGE OF ESPN.COM

2008-03-10T22:52:00.000-07:00

Our Toreros are going to the NCAA Tournament! We beat Gonzaga tonight, 69-62. Hey, even as a law student, I can get excited about this victory! Check it out on ESPN.com.

Constitutional Law - New Reading Assignment

2008-03-10T15:25:00.000-07:00

Heads-up, classmates - Professor Smith has asked us to read an assignment not currently on our syllabus in time for next class. That assignment is:

Pp. 895-907, in the casebook (or case-tome, if you prefer).

See you there!

Apple's newest SDK

2008-03-10T14:06:00.001-07:00

Apple's newest iPhone SDK (Software Development Kit, for those not so inclined) shows some of the same business decisions that made Microsoft a target for ire from the tech-community. Specifically, it appears that Apple has chosen to prevent the use of Firefox, a web-browser competitor of their own Safari on the popular iPhone. Though not enumerated as a verbotten software per se, Firefox and other similar applications are constructively prohibited by Apple's ban on Javascript, a key software language implemented in Firefox, and in conflict with the plans of Web 2.0.

Sun Microsystem's initial inclination toward a possible legal remedy seems to have ebbed, as Sun is readying a iPhone-specific Java answer.

Constitutional Law - Free Speech

2008-03-10T13:24:00.000-07:00

Here is a great discussion of Texas v. Johnson, in case you were looking for more on what we're covering in class.

Free speech rights are protected beyond "speech."

Contracts, 3/10/08 (*See important NOTE below.)

2008-03-10T13:19:00.001-07:00

Monday, March 10, 2008
- Contracts – Duress and recission.
  - Before the Break
    - McKinnon v. Benedict [p. 313, casebook]
    - R.2^nd §§ 75, 76
  - After the Break
    - Austin Instruments, Inc. v. Loral Corp.
    - Alaska Packer's Assoc. v. Domenico
  - *NOTE: Our next class, on Wednesday, 03/13/08, will take place in GRACE COURTROOM. Same time.
  - Also, there are new reading assignments posted on the blog (link is also available in the column to your right).

Civ Pro II Assignments for 3/11 & 3/13

2008-03-09T15:47:00.000-07:00

Tue: Winters v. (cont.); 7-26 Parklane v.

Thurs: 7-43 Century v.; 7-50 Rynsburger, Rule 1292(a), Rule 65, 7-56 (note on economics & law)

CEO compensation

2008-03-07T11:05:00.000-08:00

I dunno, $161, 000, 000 seems very reasonable compensation for guiding your company to a 57% drop in quarterly earnings -and a consequential loss of 25% market share. Where do I sign up? I have some nice neckties, and I can buy more (especially with that kind of cheese)!

But what I really want to know is: will I get use of the corporate jet? 'Cause that could be a deal-breaker.

$29,000? F* Yeah!

2008-03-06T00:40:00.000-08:00

I'd like to subtitle this next one: "When depositions go wrong!"
Or,
"What Catholic school taught me."

Either way, I don't know that I've ever seen a deposition quite like this, and from it, a little case that covers Contracts and Civ Pro (and I think I could work a little Constitutional into the dispute, too).

Clinton-McCain-Obama

2008-03-05T13:30:00.000-08:00

Pennsylvania's April 22nd Primary is next. Clinton pulled both of the big states of Texas and Ohio last night, but Obama still has the delegate lead. What's next in this highly contested Democratic Party fracas? Who will win the nom? Now, why is Clinton sitting on her tax returns?

Meanwhile, McCain has coasted past the finish line, and is the Republican the Democrats will face in the coming election. Can the Dems get it together in time to present a unified force against him, or are they doomed by their own in-fighting?

Outlaw iPods?

2008-03-05T13:28:00.000-08:00

Hmmmm... a crime wave due to iPods? Perhaps they outta outlaw iPods, too.

Election info, and more!

2008-03-05T10:56:00.000-08:00

Greetings classmates:

In case you missed the barrage in the Writs, campaigning for SBA Elections begun this week. We hope you put your candidates to the test as you enjoy the free snacks they have to offer. Voting will be in the Writs next Tuesday & Wednesday (11th and 12th). We have purposefully shortened campaigning by one week to lessen the distraction upon students, professors, and candidates. There will be preferential voting, which allows us to have an instant run-off. On the ballot will also be the Book Exchange Amendment which makes the book exchange a permanent part of SBA governance. I've attached a copy of the Amendment for your convenience (it was passed in the SBA Council 48-0).

A couple more things:

1. The SBA Candidate Debate will be this Thursday at noon in the Grace Courtroom. There will likely be food =)
2. Congratulations to all those who participated in the McLennon Moot Court Tournament. The success of this year's competition is a testament to Andrew Hayden and his stellar Moot Court Board's leadership. Please join us in congratulating our new McLennnon champion, and outgoing SBA bar review director, Ben Shiftan. Also congrats to SBA 2L Representative Matt Ichinose who took second place overall in McLennon.
3. Bar Review will be at Saturday, March 8th @ Martini Ranch Downtown. San Diego Young Professionals and Emanuel's Bar Review is putting together one of the BEST bar reviews of the year! Emanuel's Bar Review will be sponsoring an OPEN bar where ANY drink is free starting at 9:30pm until the budget is exceeded. Hence...FIRST come FIRST serve ladies and gentlemen! Cover is $5 until 11pm if you show your USD ID. Come out for a night of fun, free drinks, and catch up with those people you haven't seen in ages!

4. Please be aware of the recent phishing activity by credit unions using a sandiego.edu email address. The email will ask you to confirm your banking information, or your account will be suspended. Don't worry, you don't have an account with that credit union. Please don't be fooled by this fraudulent scheme!

Election Speeches are this Thursday, March 6th, in the Grace Courtroom at Noon. There will be free food and drinks. The Speeches will be given in the following order:

President

Day Vice President

Evening Vice President

Secretary

Treasurer

2L Class Rep

3L Class Rep

Evening Class Rep

Honor Court Justice

Honor Court Counsel

ABA Vice Chair

Presidential candidates have 1 minute, everyone else gets 30 seconds. The time limit will be enforced so please be mindful of it. I will let you know in what order you will be speaking on Thursday. Write-in candidates will also be allowed to speak during this time.

Fantasy Baseball

2008-03-03T13:48:00.000-08:00

Last chance to join the League (before the draft)!

> League ID#: 134890
> Password: jdcandidate

We have 12 teams, there's room for only THREE (3) more! :-)

http://tinyurl.com/2uqcfj
League ID#: 134890
Password: jdcandidate

CivPro, 2/28/08

2008-02-28T16:08:00.001-08:00

Thursday, February 28, 2008

CivPro – the Erie problem, continued and ramifications further discussed.

Next week's assignments:
- Tues: Guaranty Trust 6-17; Byrd 6-22; Hanna 6-28; Ch 7 a, b; Rules 18(a), 41(b)
- Thurs: McNulty 7-8; Winters 7-14 (this case will not be finished, nor argued here)
Substantive v. Procedural Law, governed by State or Federal rules?
- Pre-1938
- Post-1938
Sibbach v. Wilson & Co.

Thursday, Feb 28th...

2008-02-28T15:16:00.000-08:00

It's Thursday, and we all have CivPro. I'd like to take just a moment to point out a couple of things...

1) There is a new link in the links section of this blog (in the column to your right), and I think it's particularly helpful in this class.

2) Updates occur on a daily basis now. Keep coming, and I'll keep posting :-)

3) Along with the SDCBA Section Fair at 5:30pm, tonight is rockin' and rollin' with events. Here are the bar reviews:
a) Kathy Frey, a California Western alum, is hosting a fundraiser for a cancer treatment charity at the Local Eatery 1065 4th Ave @ 7pm; which just happens to be about two blocks from the SDCBA!
b) The Vis Moot Team, the Environmental Law Society, and Surf Law Society are teaming up to host Bar Review @ Guava Beach in PB. Whenever/wherever you start the evening they hope you end up at Guava beach for some goodtimes. There will be a raffle, sponsorship by Jack Daniels, etc. Contact Forrest Merithew for more info: fmerithew@gmail.com.

Alrighty then, thanks for reading, participating, and STAY CLASSY, SAN DIEGO!

ConLaw, 2/27/08

2008-02-27T15:30:00.001-08:00

Wednesday, February 27, 2008

Constitutional Law – Freedom of Speech

Before the Break
- Constitutional Law does not occur in a vacuum.
- Brandenburg v. Ohio 395 U.S. 444
- Note Case: Hess v. Indiana
After the Break
- What speech is not protected?
- United States v. O'Brien
- Does Speech include Action?

Contracts, 2/27/08

2008-02-27T13:16:00.001-08:00

Wednesday, February 27, 2008

Contracts – Definiteness, Certainty, and the Statute of Frauds

Before the Break
- Review of Cyberchron v.
- Certainty
  - R.2d § 33
  - U.C.C. § 2-305
After the Break
- U.C.C. § 2-308: PERFORMANCE or PRACTICAL CONSTRUCTION
  - Toys v. F.M. Burlington Company
- Statute of Frauds
  - One-Year Clause
  - Hamer v. Sidway revisited

Microsoft: Class-Action Lawsuit?

2008-02-27T10:54:00.000-08:00

Well, while you may never have received that personal check from Bill Gates for helping him "test hotmail," it looks like there may be an opportunity to get a little back from big ol' Microsoft after all, based upon some questionable marketing practices.

Deadline! FAFSA!

2008-02-27T10:29:00.000-08:00

"The priority deadline to apply for financial aid for the 2008-2009 academic year is Saturday, March 1, 2008!!!! Remember to go to http://www.fafsa.ed.gov/ to fill our your FAFSA ASAP!!! If you received financial aid for the 2007-2008 academic year, you may file a Renewal FAFSA for this upcoming school year. Also, please make sure to designate USD School of Law (code G06976) as a recipient for the processed forms. In addition, you must also fill out a 2008-2009 Law School Institutional Financial Aid Application. Please stop by the Financial Aid Office and pick one up. Once again, the deadline for the Law School Institutional Financial Aid Application is March 1, 2008. If you have any questions, please go visit the Financial Aid Office. You may also call them at (619)260-4570 or email them at lawaid@sandiego.edu."

Odie Kennodie

2008-02-27T00:05:00.000-08:00

This just made me laugh.

Broken Contract? Reliance?

2008-02-26T16:53:00.000-08:00

Here's a fun little story that takes place in Mexico, and may add to the wealth of our litigation tomes. I'd advise all that they be careful about getting cold fee t...

Torts, 2/26/08

2008-02-26T14:05:00.001-08:00

Tuesday, February 26, 2008

Torts – the Causation issue.

Before the Break
- Cause in Fact
- Stubbs v. City of Rochester
After the Break
- Cause in Fact ≠ Certainty
- Proportional liability and Probabilistic recovery

Legal Distractions

2008-02-26T11:03:00.001-08:00

By popular demand, here are some legal distractions, specifically: the funniest things ever said in court.

But, before we get to court, we can arbitrate...

"You're a high-priced lawyer! If I give you $500, will you answer two questions for me?"

"Absolutely! What's the second question?"

Duty to Care (for a passenger)

2008-02-25T21:19:00.000-08:00

It doesn't take much prescience to see a tort coming here. Was American Airlines under a duty to their passenger since she was a paying customer? What if she had flown on "frequent flyer miles?" What theory might tie them together then?

Just some thoughts, stemming from a sad newstory.

ConLaw, 2/25/08

2008-02-25T15:03:00.001-08:00

Monday, February 25, 2008
- ConLaw – State Sedition Laws and their affect upon Freedoms of Speech
  - Before the Break
    - Gitlow v. New York 268 U.S. 652
    - Whitney v. California 274 U.S. 357
  - After the Break
    - Dennis v. United States 341 U.S. 494

Feb . 28th (Thurs.) Money AND Happiness

2008-02-25T14:36:00.000-08:00

Money AND Happiness

Choosing the right career path.

February 28th, 5:30 p.m.

Wine and hors d'oeuvres will be provided.

SDCBA Bar Center

1333 Seventh Avenue

San Diego, CA 92101

619.231.0781

So you're about to be a lawyer; now what? Most of us had great ideas of what exactly we wanted to do when we graduated law school, but is that REALLY what you want to do? Talk to those who have walked the path before you. How did you decide to become a (blank) lawyer? Who should I talk to? What do I need to do to prepare? Will I like the work? How much will I make and how many hours will I work? Will my parents still be proud?

For your benefit an array of attorneys have been assembled solely for the purpose of answering these questions. Participants include:

1. Mark A. Geier (Intellectual Property Law)
2. Carey L. Cooper (Environmental & Land Use)

3. Karen R. Frostrom (Eminent Domain)

4. Caroline Gregory (Business & Corporate Law)

5. Richard Stevenson (Bankruptcy)

6. Raymond DiGuiseppe (Attorney General)

7. Scott Finkbeiner (Family)

8. Kasia Donohue (Public Defender)

9. Amy Hoffman (Public Defender)

10. Mark Kumba (General Civil Litigation)

11. Steve Vosseller (General Civil Litigation)

12. Angela Geisler (City Attorney)

13. Anne Richardson (City Attorney)

14. Paige Hazard (City Attorney)

15. Amy M. Roebuck (Carmel Valley Section)

16. Cassandra Mougin (Carmel Valley Section)

17. Michelle Graham (International/Cross Border)

18. Juan Zuniga (International/Cross Border)

19. Antonio Maldonado (International/Cross Border)

20. Anthony S. Deutsch, Chair (ADR)

21. Thomas D. Rutledge, Co-Chair (Employment)

22. Michael P. Sousa (Employment)

RSVP via email to mbr@sdcba.org

There is no cost to SDCBA law student members

Contracts, 2/25/08

2008-02-25T12:12:00.001-08:00

Monday, February 25, 2008
- Contracts – Promissory Estoppel & Reliance
  - Before the Break
    - Note Cases
      - Grouse v. Group
      - Kajima v. LA MTA
  - After the Break
    - Cyberchron v. Calldata Systems

Retroactive Cancellations, welcome to retroactive TORT!

2008-02-22T18:17:00.000-08:00

Health care industry. Retroactive cancellations for patients who, go-figure, got sick. Here comes the big boom-stick of tort. 'Nuff said.

Torts, 2/22/08

2008-02-22T11:44:00.001-08:00

Friday, February 22, 2008
- Torts – Birth and Death Negligence.
  - Before the Break
    - Elements of Medical Tort.
    - Emmerson v. Magendantz 689 A.2d 409
  - After the Break
    - Hypo – Bam Bam and the skating rink.

EVENT: Animal Rights Law

2008-02-22T10:34:00.000-08:00

Plan to attend this one-of-a-kind MCLE seminar

DON'T HAVE REGRETS:
Drafting Trusts for Your Pets

featuring Michael J. Martindill

at Noon on Thursday, February 28, 2008

at the San Diego County Bar Association.

"I direct that when my dog, Trouble, dies, her remains shall be

buried next to my remains in the Helmsley mausoleum."

This is just one of the many provisions of Leona Helmsley's will, as publicized in the August 29, 2007 issue of the Washington Post. "Helmsley left her beloved Maltese, named Trouble, a $12 million trust fund," the article goes on to report. How does one go about drafting provisions for pets? What issues and pitfalls should astute attorneys understand at the outset to make certain that their clients' pets are properly cared for after their deaths. By attending this one-hour MCLE seminar, you will have the opportunity to learn more about:

· Historical problems of gifts to or for pets.

· Case law highlights of problems.

· Academic and charitable solutions.

· Statutory guidelines.

· Practical considerations.

This is a brown bag event. Registrations must be received by noon on Wednesday, February 27, 2008.

Walk-ins will incur an additional $5.00 late registration fee.

-------------------------------------------------------------------------------------------------------------------------------------------------------------

DON'T HAVE REGRETS • Thursday, February 28, 2008 • 1333 Seventh Avenue, San Diego, CA 92101

Complete this form in its entirety (only one registrant per form). Payment is required at the time of registration. If paying by check, send to the SDCBA at 1333 Seventh Avenue, San Diego, CA 92101. If paying by credit card, either mail or FAX to 619-338-0042. Registration can also be completed online at http://www.sdcba.org/cal/

o $ 10 MEMBER OF THE SDCBA AND ANIMAL LAW SECTION

o $ 15 MEMBER OF SDCBA, BUT NOT ANIMAL LAW SECTION

o $ 25 NOT A MEMBER OF THE SDCBA

NAME ___________________________________________________________________ BAR # __________________________

ADDRESS __________________________________________________________________________________________________

CITY ___________________________________________________________ STATE _______________ ZIP _______________

TELEPHONE ____________________________ FAX __________________________ E-MAIL ________________________

o MASTERCARD o VISA o AMERICAN EXPRESS o DISCOVER o CHECK # _____________

CARD NUMBER ______________________________________________________________ EXP DATE __________________

SIGNATURE _________________________________________________________________________________________________

Registrations must be received by noon on Wednesday, February 27,, 2008. Walk-in registrants will be accommodated as space allows. Reservations will be held until 25 minutes after the published seminar start time. No refunds available within 72 hours of the seminar. "San Diego County Bar Association certifies that this activity has been approved for MCLE credit by the State Bar of California." 110022808

You are receiving this e-mail because of your past interactions with the San Diego County Bar Association, or because we believe you may be interested in this information. If you received this message in error, we apologize. The SDCBA uses electronic communications sparingly to keep the legal community informed about issues and events of interest. If you wish to be excluded from future e-mails (remembering that this will limit our ability to keep you up-to-date), please send a message to tstevens@sdcba.org.. You will receive one additional e-mail confirming your removal from our e-mail list. The SDCBA is located at 1333 Seventh Avenue, San Diego, CA 92101.

Day of Rest

2008-02-21T19:50:00.000-08:00

Enjoy your day off, unless you're in C9 (like me), in which case: I hope you liked my argument. ;-)

ConLaw 2/20/08

2008-02-20T14:49:00.001-08:00

Wednesday, February 20, 2008
- ConLaw – Freedom of Speech, and its Restrictions.
  - Before the Break
    - Schenk v. United States 249 U.S. 47
    - Debs v. United States 249 U.S. 211
    - Masses Publishing Co. v. Patten 244 Fed. 535
  - After the Break – Continuing restrictions and justifications, rolling into State Sedition Laws.
    - Abrams v. United States 249 U.S. 211 (Especially: Holmes' dissent.)
    - Gitlow v. New York 268 U.S. 652

ABA Spring Meeting coming to USD this Saturday(23rd) from 10:00-2pm at the Institute of Peace and Justice!

2008-02-20T13:24:00.000-08:00

The tentative agenda can be found at this link: http://www.abanet.org/lsd/spring/2008/9/agenda.html . If you haven't already you can register for the meeting at this website: http://www.abanet.org/lsd/spring/2008/9/home.html . You can also register at the event (located at the Institute of Peace and Justice) but please RSVP to Jeanmarie Harrington (jeanmarie.harrington@gmail.com) to ensure we have enough food, etc.

If you haven't already paid your ABA membership fee you can do so at: http://www.abanet.org/join/ .

It is really a privilege to be able to host the Spring Meeting and therefore it's imperative that USD make a good showing of attendance. There will be breakfast and lunch served. If you can only stay for a couple hours, that is great too!

Contracts, 2/20

2008-02-20T11:53:00.001-08:00

Wednesday, February 20, 2008
- Contracts – Wrapping-up Shrinkwrap, and moving on to PRECONCEPTUAL LIABILITY.
  - Before the Break
    - Baird v. Gimbel
    - Drennan v. Star Paving
    - Coase Theorem
  - After the Break – Liability when when NEGOTIATIONS FAIL.
    - Note Cases examined.
      - Songbird Jet Ltd. v. Amax, Inc.
      - Precision Testing Laboratories, Ltd. v. Kenyon Corp.
      - Markov v. ABC Transfer & Storage Co.
      - Hartford Whalers Hockey Club v. Uniroyal Goodrich Tire Co.
    - Hoffman v. Red Owl Stores, Inc. 133 N.W.2d 267

Reminder: Prof. Brooks' Event is TODAY [Free Food]

2008-02-20T11:37:00.001-08:00

February 20^th – Professor Roy Brooks: "The Atonement Model: A Theory of Racial Reconciliation."

WH 2A
4:30-5:30pm
FREE FOOD
DETAIL: Widely recognized as the leading civil rights theorist in the nation, Professor Roy L. Brooks has taken on the thorny problem of black reparations. Professor Brooks offers a bold proposal that turns the most contentious civil rights issue of the day into an opportunity for racial reconciliation. His theory has been used by state governments, large corporation, universities, and the descendants of slaveholding or slave-trading families to redress the legacy of slavery and Jim Crow. Food provided.

CivPro 2/19

2008-02-19T15:41:00.001-08:00

Tuesday, February 19, 2008
- CivPro – The ERIE Problem.
  - Assignment for next week (N.B. there is no CivPro class this Thursday):
  - (Aside: Professor Brooks is greatly inconvenienced by travel to cold climates in winter.)
    - Tue – Read Eerie v. on p. 6-5
    - Thurs – 6-12 to 6-17 (B1 & B2)
  - Erie question: Should the court look to state law OR federal law and procedural history?

Feedback

2008-02-19T14:35:00.000-08:00

As this is a new endeavor, I am still very much developing this site. Your feedback on your likes, dislikes, and further needs will help me to serve you better. Please just click on the "comment" link below this blurb, and let me know what I'm doing well, and what I can improve.

Oh yes, and remember that you can post anonymously, so be honest.

-Jason

Torts 2/19/08

2008-02-19T11:51:00.001-08:00

Tuesday, February 19, 2008
- Torts – Wrapping-up Emotional Harm, and moving on to ECONOMIC HARMS.
  - Before the Break
    - Recap: Recovery for pure Emotional Anguish.
      - Concerns and Limitations
      - Zone of Danger
    - Intro: Economic Harm and recovery due to negligence.
    - Nycal v. KPMG Peat Martwick
      426 Mass. 491
  - After the Break
    - Standards for Liability
      - Rstmt 2d § 552
      - Near Privity v. Restatement : small difference
    - Attorney Liability to 3^rd Parties : Lucas v. Hamm 364 p. 2d 685
      - Public Officials have a duty to give information for particular transactions.
        Supplying false information
        Loss is suffered by a person the info was intended for
        
        Must also have intent that the information will influence
    - Economic Harm to 3^rd Parties from Typical Accidents

Castro Resigns, Long Live the Castro!

2008-02-19T10:47:00.001-08:00

BREAKING NEWS – Castro has resigned the presidency of Cuba. His son, Raul Castro, is likely to succeed.

Will we get better access to top-notch cigars soon? US policy-makers say: not likely, we like to prop-up our Dominican Republic cigar-industry amigos.

The News of Reporting News

2008-02-18T17:09:00.000-08:00

Here's an interesting story about how even Google sometimes chooses censorship. Ironically(?), the story comes to us from Fox News.

What do you think of your 1st Amendment rights, now? Well, I suppose Congress didn't do it, so...

ConLaw 2/28

2008-02-18T16:37:00.001-08:00

Monday, February 18, 2008
- ConLaw – Wrapping-up Comity, and moving on to RIGHTS.
  - Before the Break
    - Prinz v. United States 453 F.2d 1161
    - New York v. United States 505 U.S. 144
    - Reno v. Condon 528 U.S. 141
  - After the Break
    - A broad survey of RIGHTS. Timelined (roughly).
      - Most RIGHTS will be covered by ConLaw II (not this class).
      - We will focus on the 1^st Amendment.
        Peaceful Assembly
        Freedom of Speech/Press
        Freedom of Religion
        No-Establishment
        Free exercise
        Freedom of Association
    - Cass Sunstein

ABA Membership

2008-02-18T14:32:00.000-08:00

Join the American Bar Association!

Take 5 mins, $25. Help your school's reputation, save yourself lots of money, and open up many other opportunities.
http://www.abanet.org/join/ .
Questions? email scottmason77@yahoo.com
(ABA Chair Scott Mason)

Contracts, 2/28

2008-02-18T11:50:00.003-08:00

Monday, February 18, 2008
- CONTRACTS – Discussing UCC 2-207
  - Before the Break
    - Dorton v. Colins & Aikman Corp.
      453 F.2d 1161
    - Step-Saver Data Systems, Inc. v. Wise Technology
      939 F.2d 91
  - After the Break
    - Northrop Corp. v. Litronic Industries
      29 F.3d 1173
    - ProCD, Inc. v. Zeidenberg
      86 F.3d 1447

Barristers’ Ball 2008

2008-02-18T11:50:00.001-08:00

Thanks to all who attended, the Ball was a great diversion from the day-to-day grind of school. Everyone dressed sharp and looked great; in particular, I'd like to give props to Cody for his bowtie and tux. Nicely done! I wore a tux myself, but couldn't quite get that silk bow tied… ;-)

I'd comment on the ladies, but I think Jenn might filet me –or, in the case that she's reading this post, I just couldn't see anyone past the miraculous Beauty that was my fiancée =)! So… Ladies and Gentlemen, why not comment on who you thought were the best/most interestingly/most seductively dressed of the evening? Some photos are attached below to this blog, but I know that there are many others floating-around. Comments and links to more photos invited.

Upcoming Important Dates

2008-02-18T11:41:00.001-08:00

Upcoming Important Dates:

March 1^st – FAFSA priority deadline.
- www.fafsa.ed.org
February 20^th – Professor Roy Brooks: "The Atonement Model: A Theory of Racial Reconciliation."
- WH 2A
- 4:30-5:30pm
- FREE FOOD
- DETAIL: Widely recognized as the leading civil rights theorist in the nation, Professor Roy L. Brooks has taken on the thorny problem of black reparations. Professor Brooks offers a bold proposal that turns the most contentious civil rights issue of the day into an opportunity for racial reconciliation. His theory has been used by state governments, large corporation, universities, and the descendants of slaveholding or slave-trading families to redress the legacy of slavery and Jim Crow. Food provided.
February 26^th – Mocktails Networking Workshop Meet & Mingle wStudents & Advisors
- WH 113
- 5:00pm
- FREE
This Thursday (Feb 21), come to THEOLOGY ON TAP for
Free Beer
Free Wine
Free Hors d'Oeurvres
and...
Politics!!

Laurel Mathewson will be the guest speaker on a theme of 'Faith and Politics'.
Graduate students from across campus to come together meet fellow graduate students from the different schools, learn more about faith from each other in an informal relaxed environment.
Drinks and snacks are free and available throughout the evening; in the Law School Reading Room (Warren Hall).

The 1L @ USD

2008-02-18T11:13:00.001-08:00

Upcoming Important Dates:

March 1^st – FAFSA priority deadline.
- www.fafsa.ed.org
February 20^th – Professor Roy Brooks: "The Atonement Model: A Theory of Racial Reconciliation."
- WH 2A
- 4:30-5:30pm
- FREE FOOD
- DETAIL: Widely recognized as the leading civil rights theorist in the nation, Professor Roy L. Brooks has taken on the thorny problem of black reparations. Professor Brooks offers a bold proposal that turns the most contentious civil rights issue of the day into an opportunity for racial reconciliation. His theory has been used by state governments, large corporation, universities, and the descendants of slaveholding or slave-trading families to redress the legacy of slavery and Jim Crow. Food provided.
February 26^th – Mocktails Networking Workshop Meet & Mingle wStudents & Advisors
- WH 113
- 5:00pm
- FREE

Current Coursework:

C-Section
- Monday, February 18, 2008
  - CONTRACTS – Discussing UCC 2-207
    - Before the Break
      - Dorton v. Colins & Aikman Corp.
        453 F.2d 1161
      - Step-Saver Data Systems, Inc. v. Wise Technology
        939 F.2d 91
    - After the Break
      - Northrop Corp. v. Litronic Industries
        29 F.3d 1173
  - ConLaw

Important Websites:

COURSEWORK
- C-Section
  - CONTRACTS [Smith] http://smithilaneous.typepad.com/contracts_usd_law_school_/
  - TORTS [McGowan] http://lawschool.westlaw.com/twen/
SBA
USD Law Student Calendar
USD Portal