Monday, March 31, 2008

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

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

Thursday, March 13, 2008

Our nation is nutzo over celebrity...

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

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

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.

Wednesday, March 12, 2008

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

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.

Tuesday, March 11, 2008

IP Panel Event

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

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.

Monday, March 10, 2008

WE MADE THE FRONT PAGE OF ESPN.COM

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

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

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

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.)


 

  • Monday, March 10, 2008
    • Contracts – Duress and recission.
      • Before the Break
        • McKinnon v. Benedict [p. 313, casebook]
        • R.2nd §§ 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).

Sunday, March 9, 2008

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

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)

Friday, March 7, 2008

CEO compensation

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.

Thursday, March 6, 2008

$29,000? F* Yeah!

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).

Wednesday, March 5, 2008

Clinton-McCain-Obama

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?

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

Election info, and more!

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.

Monday, March 3, 2008

Fantasy Baseball

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