Welcome
Thanks for stopping by my little place on the web. This parking spot is not for me to rant (though there will certainly be some of that), but as a place for my former and current students to converse about the full gamut of law school questions and about the class assignments and goals: you know I feel that conversation is the best learning experience.
So, follow. Check in every few days and chat away: anything is fair game (remember, I live vicariously through all your wild lives). To start, some of you already in law school can express some wisdom since decision time is beginning to arrive for this year’s seniors, and those of you currently being abused can ask the world your questions about the class assignments.
This is for you. Enjoy.
-Prof. B.
Thursday, November 1, 2012
Friday, October 19, 2012
And we continue with the "you can't make this stuff up" files
PS - if you're on the jury: what is the extent of the damages? on what theory?
Wednesday, October 17, 2012
From the "you can't make this stuff up" files:
Tuesday, October 9, 2012
Monday, October 1, 2012
Friday, September 21, 2012
Tuesday, September 11, 2012
Once again, everything counts . . .
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202570758746&In_voter_ID_case_how_big_is_the_letter_of_the_law
Friday, September 7, 2012
Friday, August 31, 2012
Thursday, August 16, 2012
Wednesday, August 15, 2012
The facts are fun, but what do you think of the actual issue pleading in the 3 counts?
Tuesday, July 24, 2012
Monday, July 23, 2012
Wednesday, July 11, 2012
Monday, July 9, 2012
When, o when, will drafting for pr die??
http://graphics8.nytimes.com/packages/pdf/sports/20120709armstrongsuit/Armstrong_order.pdf
and the suit from Scribd (Play find the factual basis for a cause of action in it!) :
http://www.scribd.com/doc/99603350/Armstrong-v-USADA-Complaint
Tuesday, June 26, 2012
For those of you who know I teach Hemingway in Arts and Hum classes:
CRISTIE FAY BOTTORFF
JERRY ALAN BOTTORFF
LUIS ANGEL LOPEZ
/
Jerry Alan Bottorff stands accused of murder-for-hire, conspiracy to commit murder-for-hire, and a firearm offense. For four months the parties have known with particularity when the trial begins – July 9, 2012; the parties requested the special setting. Nonetheless, Bottorff’s counsel asks (Doc. 127) to suspend the trial on Friday, July 20th:
Undersigned counsel, a perennial contestant in the Ernest Hemingway
Look-alike Contest, is scheduled to appear as a semi-finalist at Sloppy
Joe’s Bar in Key West, Florida at 6:30 P.M. on Friday, July 20, 2012.
In order to be able to be in Key West at the appointed hour, undersigned
counsel has planned to depart St. Petersburg after the trial recesses on
Thursday, July 19, 2012, and drive toward Key West[,] arriving on
July 20, 2012.
Undersigned counsel has secured a block of six rooms to accommodate
family, friends, and fans and has had to pay non-refundable deposits.
Between a murder-for-hire trial and an annual look-alike contest, surely Hemingway, a perfervid admirer of “grace under pressure,” would choose the trial. At his most robust, Hemingway exemplified the intrepid defense lawyer:
He works like hell, and through it. . . . He has the most profound
bravery. . . . He has had pain[] and the kind of poverty that you don’t
believe[;] he has had about eight times the normal allotment of
responsibilities. And he has never once compromised. He has never
turned off on an easier path than the one he staked himself. It takes courage.
Dorothy Parker, The Artist’s Reward, THE NEW YORKER, Nov. 30, 1929, at 28-30 (describing
Hemingway). Perhaps a lawyer who evokes Hemingway can resist relaxing frolic in favor
of solemn duty.
Or, at least, “Isn’t it pretty to think so?”
Best of luck to counsel in next year’s contest. The motion (Doc. 127) is DENIED.
Friday, June 22, 2012
Thursday, June 21, 2012
Monday, June 18, 2012
Thursday, June 14, 2012
Doesn't it seem that . . .
http://gawker.com/5918116/funnyjunks-lawyer-surprised-by-internets-negative-response-to-his-legal-threats-wants-to-pull-plug-on-oatmeals-charity-fundraiser
Thursday, May 24, 2012
Thursday, May 17, 2012
Tuesday, May 8, 2012
Remember when I told you spell-check does not work on all caps?
http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0507_travolta.pdf
Monday, April 30, 2012
I know you think I might be a tad old fashioned
http://gzlegalcase.com/index.php/8-press-releases/7-why-social-media-for-george-zimmerman
Wednesday, April 18, 2012
Where Do These People Go to Law School #1053?
http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0417_3stooges_parody_TMZ.pdf
The case the letter cites:
http://scholar.google.com/scholar_case?case=6376074772628774470&hl=en&as_sdt=2&as_vis=1&oi=scholarr
(See how the cited case has nothing to do with the demand letter?)
Another, and perhaps even worse, demand letter:
http://gawker.com/inside-fox-news/
Thursday, April 12, 2012
Wednesday, April 11, 2012
Monday, April 2, 2012
Is This Not Commercial Appropriation?
Woman Sues Vodka Company for Using Likeness in 'Rape' Ad
But the apology is not enough for the woman pictured in the ad. She's suing Belvedere Vodka for negligent infliction of emotional distress, and misappropriation of likeness.
Alicyn Packard is a vocal actress living in Los Angeles whose likeness was used in the Belvedere ad.
The ad seems to show her fighting off the advances of a would-be suitor, with the ad line superimposed: Unlike Some People, Belvedere Always Goes Down Smoothly.
Packard never gave her permission for her likeness to be used.
In fact, the image of her was stolen from a comic on-line video by her production company, Strictly Viral Productions.
"The repercussions have been huge," Packard told KTLA in a phone interview. "It's been a really terrible experience. The whole thing."
Belvedere has apologized for the ad. The president of the company has been quoted as saying about the ad, "It never should have happened."
But Packard said the company has not apologized to her -- and even if it did, that would hardly be adequate.
"To be affiliated with an ad that's so offensive to so many has just been horrible," Packard said. "I just want to distance myself from the ad as much as possible."
http://www.ktla.com/news/landing/ktla-woman-sues-vodka-ad,0,179639.story?hpt=ju_bn6
Wednesday, March 28, 2012
Wednesday, February 29, 2012
That's One Hell of a Way to Make a Rhetorical Point
http://www.huffingtonpost.com/2012/02/28/judge-pulls-gun-in-courtroom-georgia_n_1306758.html?ref=weird-news
Monday, February 27, 2012
Wednesday, February 22, 2012
Travel Channel Wins Lawsuit Over Filming at Racy Hot Dog Stand
Monday, February 13, 2012
Court Sanctions Lawyers Behind September 11 Conspiracy Case
Feb 2, 2012
(Reuters) - A federal appeals court sanctioned two California lawyers on Thursday over a lawsuit they filed, dismissed as frivolous, that accused former officials in the Bush administration of allowing the September 11 Pentagon attack to occur as part of a broad conspiracy.
The U.S. Court of Appeals for the 2nd Circuit ordered the two lawyers to pay $15,000 total in sanctions in addition to double an unspecified amount the government spent defending the case.
Three attorneys -- Dennis Cunningham, William Veale and Mustapha Ndanusa -- filed the lawsuit in 2008 on behalf of April Gallop, a member of the U.S. Army injured in the Pentagon attack on September 11, 2001.
The lawyers accused then-Vice President Dick Cheney and then-Secretary of Defense Donald Rumsfeld of allowing the Pentagon attack to occur through inaction, despite having what the suit described as real-time information that a hijacked plane was approaching.
The suit, which also questioned the nature of the attacks, said the inaction rose to the level of conspiracy to create a political atmosphere that would allow the U.S. government to pursue domestic and international policy objectives.
The suit accused the men and others of conspiracy to cause death and bodily harm and a violation of the Antiterrorism Act.
The September 11 attacks, carried out by 19 hijackers from the global militant network al Qaeda, led U.S. forces to invade Afghanistan to topple the Taliban rulers who had harbored al Qaeda leader Osama bin Laden.
That war served as a precursor to the U.S.-led invasion of Iraq that toppled Saddam Hussein in 2003, which the administration chiefly justified by citing intelligence that Iraq had weapons of mass destruction. No such weapons were subsequently found.
U.S. District Judge Denny Chin dismissed the case in 2010, ruling that the complaint was frivolous and a product of "cynical delusion and fantasy." A three-judge panel of the 2nd Circuit upheld that decision, imposing $15,000 in sanctions on the three lawyers for filing the suit. All three appealed.
In requesting a rehearing, the lawyers asked the court to disqualify the three-judge panel "and any like-minded colleagues" from participating in the decision to grant review, accusing the panel of "severe bias, based in active personal emotions arising from the 9/11 attack."
But the 2nd Circuit took exception to the request, concluding no attorney would make such a demand in good faith.
The court upheld sanctions against Veale and Cunningham but reversed them against Ndanusa, who only served a minor role as local counsel. Ndanusa said all of the lawyers acted in good faith in bringing the lawsuit.
The court also ordered Cunningham, who described himself as "the decider" in developing the case, to inform other federal courts in circuit of the sanctions order for the next year.
"We are not delusional by any means. We have the facts, and they cannot be explained," said Veale, a former chief assistant public defender for Contra Costa County, California.
Cunningham did not immediately respond to a request for comment.
(Reporting By Terry Baynes; Editing by Cynthia Johnston)
http://www.reuters.com/article/2012/02/02/us-sept11-lawsuit-idUSTRE8112D820120202
When Law School Gets Tough, Just Hire Someone
(Posted to Craigslist, 01-23-2012)
Interested in Law School?! Don't know if you're interested and want the Law School experience to see if it fits you? ! Want to start off Law School already knowing how to brief your cases, Ace your Finals, and manage your time?! Don't pay thousands of dollars for pre-law courses when you can have One on One mentoring with a current UA law student.
This is a Pre-Law Externship, meaning financial compensation is minimal, as the actual compensation comes in preparation for Law school through working with a current University of Arizona Law student.
Duties:
2-3 Hours a week (get as much as you put in).
1. Preparation of case briefs:
Students will be assigned 5-10 cases a week in wich they can create custom case briefs (instructions on how to create case briefs will be given, and feedback on products created will be given to increase the student's legal analysis skills). This is actually quite easy, as there are sites that already provide the case briefs for the majority of cases. So for 90% of cases, this will simply entail searching google for "Case Name brief" and copying this into word. This allows the student to become familar with the style of Case Briefs, and saves the Graduate student time.
The law student assigned to the undergrad will be performing the required reading and case analysis, augmenting the case briefs provided by the undergrad, and walking the undergrad through the case briefs (both the intent and meaning of the case, as well as important factors that were missed and/or superfluous).
2. Ocassional Lecture attendance - Student will on ocassion be allowed to attend special speaker presentations on innovative law concepts (such as the effects of judiciary discretion and polarization in politics). Students may also have the opportunity to sit in a real law class to see how the dynamics of the Socratic method teaching style plays out.
3. Coffee! A couple times a week, the student can treat themselves to a Free Starbucks coffee (paid for by the graduate student), by picking up a cup for themselves and the grad student and swinging by the law school before class. This time can also be used to review the case briefs and discuss any other questions the student may have.
This mentoring program can be as versatile or as limited as the student wishes. Either meeting once a week to discuss case briefs and have coffee, or meeting a couple times a week to discuss law school preparation and study tips.
4. Free class notes, outlines, and test prep form a previous law school student! Start off already having the tools to succeed!
This is an unofficial externship, not sponsored by the UA college of law, and thus is primarily compensated via the mentorship, preparation for law school, and free coffee. Those interested can respond to this post with:
Name.
Age
Major
Why you're interested in law.
Resume/acheivements is also a plus.
Apply today to be light years ahead of your fellow law students when you start your new field!
If You Think Perception Doesn't Matter
The Salt Lake Tribune
For want of a gavel, a Utah justice court found itself momentarily on the brink of decertification.
The Utah Judicial Council on Monday morning gave the Heber Justice Court until the end of February to come into compliance with two rules, including one that mandates each justice court has a gavel.
The gavel is not required in district courts, but is required for the smaller municipal and justice courts because proceedings are often held in city council chambers or other spaces that don’t necessarily convey the characteristics of a courtroom, officials said.
"There are really only two things that make it clear you’re a judge," Assistant State Court Administrator Rick Schwermer said. "One is a robe and one is a gavel."
Contacted after the council’s decision Monday, Heber Justice Court Judge Randy Birch said the decertification talks were the result of an oversight.
Birch, who has sat on the bench for about 18 months, said he saw the gavel on a checklist of requirements when he applied for the court’s re-certification late last year, but didn’t think the absence of one would cause problems.
When he was informed otherwise by court officials, Birch said the city purchased a gavel from an Internet site but did not inform state administrators of the purchase prior to the council’s meeting.
"Lesson learned," Birch said. "We’ve fixed it."
The Heber Justice Court also was out of compliance because the court did not have a room set aside for witnesses and victims.
Birch said he has since made arrangements to use the mayor’s office for that purpose on days when court is held.
The Judicial Council on Monday also took action regarding other justice courts:
• The Hildale Justice Court was given until the end of May to have a new judge in place. The Utah Supreme Court in 2006 ousted Judge Walter Steed for engaging in a plural relationship with three women. Richard D. Carr was appointed as a temporary judge shortly after that, and has been serving in the same capacity ever since.
• The Parowan Justice Court was re-certified after being granted a waiver for being out of compliance with a rule that requires courts to have separate tables for defense and prosecution. Court officials said the single, 12-foot-long table being used is sufficient.
http://www.sltrib.com/sltrib/news/53357391-78/court-justice-gavel-judge.html.csp
I Told You Never to Talk About Grades...
Dear 1Ls:
Today will be the first time many of you have ever received a B or a C, because at some point after 3:30 you will receive the grades your professors gave your exams. The grades you receive are a reflection of what a professor thought of your exam and how much you were able to convey in one 3 hour or 8 hour period. Your grades are not a reflection of your worth as a lawyer, as a student, or anything else.
If you are thrilled with your grades, congratulations. Go home, pat yourself on the back, and remember that law school is like a pie eating contest. Only the prize for getting great grades is the same as the prize for getting lower grades: more pie. Take some time to whoop, call your non-Law School friends, and get back to work.
If you are disappointed with your grades, go home, take some time to be frustrated, and remember that law school is like a pie eating contest. Only the prize for getting lower grades is the same as the prize for great grades: more pie. Take some time to be disappointed, call your non-Law School friends, and get back to work.
If You Still Do Not Understand that a Demand Letter Requires a Real Legal Basis
Should Lawyerist Cave to Trademark Bullying? (Poll)
http://lawyerist.com/lawyerist-trademark-bullying-poll/
Memo to SmallLaw: You Dont Own Small Law!
http://myshingle.com/2011/02/articles/myshingle-solo/memo-to-smalllaw-you-dont-own-small-law/
Do I Live in a Different World from Everyone Else?
By Elie Mystal
Usually I’m happy to stand with law students against the slings and arrows of outrageous law school administration.
But not this time. This time, instead of a noble law student fighting the good fight, I see an annoying whiner who wants law school to be about teddy bears and rainbows.
A student at the University of Miami School of Law is trying to get the student body to adopt a “Student Bill of Rights.” The proposal lists a number of things that “shall not be violated.” Even though I agree with some of these points, codifying them as “rights” makes me flaccid. We’re talking about law school, not summer camp. It’s supposed to be hard. It’s not supposed to be fair.
We can condemn law schools until the cows come home for inducing students to sign up under false pretenses. But once you matriculate, law schools turn into the warden from Shawshank Redemption: “Put your trust in the Lord; your ass belongs to me.”
As a law student, you don’t have any rights….
Even the set-up for this “Bill of Rights” is vomitous. Listening to this kid wax poetic about “students’ rights” is like watching LeBron James take an hour to tell us where he’s going to play basketball.
And like LeBron, I kind of wish this kid would “take his talents” and shove them right back up his ass:
Over winter break [Redacted], a 2L here at UM law, came to me with a proposition — a proposition to reform the law school experience. You see, [Redacted] has been very dissatisfied with her legal education. She believes that the majority of her frustration comes from the fact that professors have a great deal of power over their students and students are not given much leverage in which to counteract that power, which leads professors to abuse their power which consequently produces an unpleasing classroom experience for students. In order to remedy this situation, [Redacted] sought of a way to empower students in the classroom in order to counteract/keep-in-check professor behavior. Hence, the Student Bill of Rights was born.
The Student Bill of Rights seeks to codify all legitimate concerns that students have involving their legal education. Once codified, these rights will be engrained [sic] into the legal education system, which will help raise awareness to professors that they must protect these rights and to students that they have the right to have these concerns respected. This will help establish equilibrium between professor and student rights, which will lead to a more enjoyable classroom experience for law students. While we understand that nothing will change over night we are eager to see the groundwork for a culture change to occur….
The student body will vote on the Student Bill of Rights in this month’s SBA election. It will be attached to the ballot as
a referendum that hopefully will be added to the SBA Constitution and the Student Handbook.
Really? Really dude? You’re going to reform the law school experience? From Miami Law School? With a document? Why don’t you try reforming your dating life, since you clearly have too much time on your hands?
Really. I mean really, you just said that students don’t have much leverage. So how does making a bill of rights really give them any more leverage? Because it’s been “codified” by other law students? Sounds like somebody doesn’t understand the concept of “enforcement powers.”
You really misspelled the word “ingrained.” Really? I make typos like I get paid for them (and I kinda do), and even Iwouldn’t make that kind of an error. Really, don’t try to bite my style, it’s harder than it looks. I mean, “ingrained” wasn’t even the word you were looking for in that sentence. No, really. You wanted to say something like “adopted” or “accepted” or “acknowledged,” and that’s just using words starting with the first letter of the alphabet. I really believe that there are at least three words per vowel that would make more sense there.
And I really don’t know who told you that the classroom experience was supposed to be “enjoyable,” but that person owes you money. Really. Really, dude. If class was supposed to be fun, they wouldn’t call it “class.” If you don’t like class so much, why don’t you just read Above the Law during class, like the rest of your friends? Really. You don’t need a bill of rights, you need a wireless internet connection.
I mean really, what is wrong with you?
Really? Miami Law students, if you vote for this thing I’ll shoot you on general principle.
CORRECTION: The version of the email I received did not reveal the gender of the person championing the Bill of Rights. I assumed it was a guy because it reeked of the bravado inspired by a Y-chromosome.
Turns out the “he” is a she. Really. I apologize for the error.