CivPro, 2/28/08

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...

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

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

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?

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!

"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

This just made me laugh.

Broken Contract? Reliance?

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 feet...

Torts, 2/26/08

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

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)

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

• 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

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

• 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!

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

• 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

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

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

ConLaw 2/20/08

• 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!

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

• 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]

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

• 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

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

• 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!

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

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

• 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

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

• 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

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

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

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