Law School: Milestone #4

As best I can figure, there have been at least 3 milestones in my law school career to date.

Milestone 1. Being accepted.
Milestone 2. First day of class.
Milestone 3. First time being called on.

Today I reached Milestone #4 - Completion of first semester of law school classes.

Good news? Not exactly. This means Milestone #5 is in full effect - the deflowering of my law school exam virginity. I like to think of it as Mental Statutory (of, pertaining to, or of the nature of a statute; i.e. all things LAW) Rape.

Surely this is a crime.

Carolina 31, clemson 28

The 2004 debacle is gone (though not forgotten). The streak of 4 straight losses is over. The Spurrier Streak has begun.

Meaningful Music (Mozart, Metallica, and beyond)

I'm currently sitting in Panera, working on my outlines for Contract and Criminal law, and listening to the classical music that is playing softly in the background.

As a kid, I listened to a lot of classical music. Partly by my own choosing, mostly because its all my parents would play in the house/car. I developed a great appreciation for classical music.

High school and college were much different. Classical music quickly = not cool. Give me some good ol' rock and roll. Let me jive occasionally to some smooth jazz or the catchy rhythms of hip hop. Shoot, I even tried some of that indie rock razzmatazz (although I've never been a huge fan and I'll just as soon pop in some Skynyrd or CCR as I will a little Wilco or Sufjan).

Since starting law school, I've rediscovered classical music. That junk is good. I love Bach because of his precision and technicality (almost like listening to a good logical analysis put to music). Beethoven brings out that romantic side of me that many of you question if I really have. Tchaikovsky is as passionate about his music as I am about college football. And then there's Mozart. I don't know which I like more - the fact that his music is probably what the angels play in heaven, or that by the time he was my age he had written more brilliant music than I'll be able to listen to in my lifetime.

There's a great article in the recent edition of Christianity Today about Mozart. Lengthy, but good. In it, the author quotes Hans Kung, the pupil of Karl Barth, who talks about the "traces of transcendence" in Mozart's music, i.e. within good religious music itself there can be an "intrinsic liturgical significance," even without words, which can potentially make music a "source of revelation alongside the Word":

I think that music which speaks the truth is not just limited, say, to vocal music or explicitly religious music; it also includes purely instrumental music—and especially the intimacy of many second movements. An abstract masterpiece can speak the truth in the pure language of sound… . And though music cannot become a religion of art, the art of music is the most spiritual of all symbols for that "mystical sanctuary of our religion," the divine itself. In other words, for me Mozart's music has relevance for religion not only where religious and church themes or forms emerge, but precisely through the compositional technique of the non-vocal, purely instrumental music, through the way in which this music interprets the world, a way which transcends extra-musical conceptuality… . With keen ears [one] may perceive in the pure, utterly internalized sound, for example, of the adagio of the Clarinet Concerto, which embraces us without using any words, something wholly other… . So here are ciphers, traces of transcendence.

Whether it be classical, rock, or independent, that's the kind of music I want to listen to. Let me know if you've found it.

Will the real USC please stand up?

At some point every year, some dufus not from the South mistakes southen cal for USC.

Little do they know. For those of you who live in the Blue States, the following is provided to help clarify the difference between USC and Southern Cal.

USC v. USC

Enough to make you want to be a criminal prosecutor...

This kind of stuff makes me sick. In case you haven't heard, OJ Simpson is apparently about to publish a book entitled "If I Did It," a hypothetical thought experiment of how he would have killed his wife, say, if it HAD been him that had killed her.

How tactless, low-class, self-centered, shameless, and disgusting can a person be? It's a complete spit in the face of justice. A cold hearted disregard for his deceased wife's family. And its the most repulsive display of attention seeking I have probably ever seen.

It's almost enough to make an aspiring civil attorney consider criminal law.

Law School imitates real life

Last week we got into the Parol Evidence rule and principles of interpreting contracts that may appear ambiguous on their face. One case we read began like this:


"The issue is, what is chicken?. . .To support its [interpretation], plaintiff sends a number of volleys over the net; defendant essays to return them and adds a few serves of its own." - Frigaliment Importing Co. v. B.N.S. International Sales Corp. (screw the Blue book citations)


From today's headlines:
What is a burrito? Is a burrito a sandwich?. Basically - no.
In his ruling, Locke cited Webster's definition of a sandwich and explained that the difference comes down to two slices of bread versus one tortilla: "A sandwich is not commonly understood to include burritos, tacos, and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans." - (from a suit between Panera Bread Company and Qdoba Mexican Grill)

Happy Birthday, volk man.

Today marks the birthday of the man who Inspired this Blog.

November 10, 1483.

We celebrate Martin Luther's birthday, in part because of his enormous influence. He changed the way the Church views soteriology, ecclesiology, theology, marriage, God, the State, and pretty much anything else to which Christianity might relate.

He changed the Church.

Because of Luther, we don't go to mass, Rome's appeal is historically romantic (not theologically fundamental), our pastor has a wife, we don't work hard to get to heaven (even in the South), chills go through us when we hear the tune of Ein’ feste Burg ist unser Gott, the Diet of Worms is not just for fish, we pulled for Germany in the World Cup final, and we like beer and don't feel guilty for it.

We're not alone. There are 400 million other protestants who's lives as they know it have been intimately affected by this lawyer turned priest.

Hans and Margarethe must be proud of their boy.

Luther's Seal.

"How to Apologize," by John Kerry.

For those of you contemplating parenthood, keep this in your files as a model apology for when you teach your kids how to say “I’m sorry.”

WHAT JOHN KERRY SAID:
“You know, education, if you make the most of it, you study hard, you do your homework and you make an effort to be smart, you can do well. If you don’t, you get stuck in Iraq.”

HOW HE APOLOGIZED:
"I sincerely regret that my words were misinterpreted to wrongly imply anything negative about those in uniform, and I personally apologize to any service member, family member or American who was offended."

“Let me make it crystal clear, as crystal clear as I know how: I apologize to no one for my criticism of the president and of his broken policy.”

Hmm…he’s not sorry, or apologetic, and definitely not repentant, for anything he said. He’s just upset that his “words were misinterpreted,” and he’s only sorry that people were offended by it.

Slick Dick had a good response. “Of course, now Senator Kerry says he was just making a joke, and he botched it up,” Vice President Dick Cheney said in remarks prepared for a campaign appearance in Montana. “I guess we didn’t get the nuance. He was for the joke before he was against it.”

Then again, perhaps Kerry’s bad joke is true. After all, our Haughty French Looking Senator from Massachusetts who by the way served in Vietnam was in a man in uniform, and apparently he got 4 D’s his freshmen year at Yale, one more D his sophomore year, and an overall grade average of 76. Don’t study = get stuck in ‘Nam.

Or, as Jay Leno notes, “those who don’t campaign well and are really boring will get stuck in the Senate…It’s so hard to believe Kerry botched a joke because he’s usually just so hilarious. ... It’s hard to tell when Kerry is joking because of all the Botox. ... Who would have ever thought that the Democrats would miss the wit and charisma of Al Gore?”

Disclaimer: I contemplated posting this yesterday, but decided not to on principle – John Kerry deserves to get NO mention, good or bad, on Election day.

A Political Machine...

...That's what Bob Corker is. And by default, that's what our good buddy Brad Smith is. You can check him (Corker and Co.) out in what the New York Times is labeling "the most captivating Senate race in the nation" in part because the "Senate race here packs historic potential."

Of course, the one big reason the NYT likes this "historic" race is just that. Race. You can see it throughout the article, referring to Tennessee as the "former Confederate" state, and noting that Harold Ford could be the first black Senator from TN since Reconstruction. They even put in a plug for our former president, Bill Clinton, subtly playing the race card by calling Clinton a "bad white boy" (bad as in good, bad white boy as in "that brother might as well be a brutha"). And, through guilt by association, they carictature Corker supporters as quasi-racist - one Corker man named Eddie Murphy reportedly distinguishes himself from the REAL Murphy by saying that he has "no color, no money."

You know what? Whatever, man. If that's what the NYT wants to approach this thing, then fine. Apparently they are incapable of moving on in history, and will keeping ringing the race bell as long as it serves their purposes. To label TN as a former Confederate state, while a true statement, is ultimately misleading becaus it invokes a closer sense of proximity to the present than is really accurate - that's like referring to the US as a former British colony.

Plus, I don't understand the "first black Senator from TN since reconstruction." As far as I can tell, he'd be the first black senator from Tennessee EVER. The reference to reconstruction seems meaningless other than a little jab to remind people that, oh by the way, back in the 19th century TN had to be Reconstructed in order to let blacks even vote. Oh yeah, did I mention Bob Corker's white?

And apparently they forget that Ford has already been a Congressman for something like 6 years. Do you think the people of TN really draw a strict line between Congress and the Senate, where they are progressive in one election but hopelessly stuck in their ante-bellum past in the other election? "Come On!" (see Gob, Arrested Development)

But I digress. My point was not to critize the NYT - they just make it so easy - but to point out the incredible experience ol Brad is getting. This is prime time, baby, and Brad's right in the thick of it.

So, go Brad. Hopefully, you can actually sleep and talk to your friends again once all this over tomorrow.


(look, Brad's in teh background)

Neyland Stadium

Neyland Stadium:
105,000 seats.
18,000 teeth.

(seen on a sign on a Cockaboose tonight)

Vote Yes (or no, depending on what you're voting for)

Some of you may remember that campaign oh so many years ago, when a little 17 year old from Chapin nicknamed Flex shocked the TeenPact world with his successful bid for the Lt. Governor seat. The campaign catchphrase still rings true to many:

"Flex for your Lt. Governor."

Or, you may remember how that same kid went on to become Student Body President of Covenant College, suprising everyone (including himself) with the 11th Hour upset of the incumbent senator, thanks in part to his ingenious use of stuffed Chick-fil-A cows and a campaign skit that will forever be remembered (at least by me) in Covenant history.

"Who doesn't want a Sleuth for President?"

Well, back in the beginning of September, I again put on my politician's suit and attempted to run for a Representative position on the Student Bar Association. I lost. But not without winning major points with many of my classmates and numerous upperclassmen.

You see, the common element in all of my campaigns is humor. Everybody loves to laugh. You remember a good joke. And usually, you remember the person who told it. Mission accomplished.

So in keeping with the spirit of the upcoming elections, I've decided to post some of my better campaign flyers. Feel free to VOTE for your favorite.

(click on the picture to view it in a new window)

Halloween Hullabaloo

A word of wisdom to all you Tricker-Treaters before you embark on this evening's festivities, from the gerMan whose Reformation Day makes Halloween look like nothing more than, well, childish games and candy:

"Germany would be much richer than she is, if such store of velvets and silks were not worn, nor so much spice used, or so much beer drunk. But young fellows without their liquor have no mirth at all; gaming makes not merry, nor lasciviousness, so they apply themselves to drinking. At the princely jollification lately held at Torgau, each man drank, at one draught, a whole bottle of wine; this they called a good drink. Tacitus wrote, that by the ancient Germans it was held no shame at all to drink and swill four and twenty hours together. A gentleman of the court asked: How long ago it was since Tacitus wrote this? He was answered, about fifteen hundred years. Whereupon the gentleman said: Forasmuch as drunkenness has been so ancient a custom, and of such a long descent, let us not abolish it." - Martin Luther, King of Hops (no joke, true nickname)

Sooo, better to have beer than money?

Go Protestants.



Nota bene: speaking of Protestants and their booze, check this out: http://www.calvinus.ch/

If you could ask the Chief Justice one question, what would it be?

A fun query for many of us, we often ask ourselves what question we would pose to different individuals, given the chance. Usually, we wonder about high profile individuals, often they are people unique to our situations/context. For instance, the theologian might quizz Calvin or Luther, while the business man might question Rockefeller or Henry Ford. Most Americans would probably want to interrogate President Bush, or God.

For the lawyer, aspiring or practicing, the one person to whom we'd love to posit a question is the Chief Justice of the United States Supreme Court, to wit, the highest ranking judicial officer in the entire world.

I wonder what I'd ask him? Actually, I KNOW what I'd ask him. Because I already did.

Yes, our beloved Chief Justice John Roberts came to the USC law school yesterday to preside over the final hearing of our student Moot Court Bar Competition. He wasn't alone;there were plenty of secret service agents that were walking around in the library while I was trying to study yesterday morning, and the panel of guest judges also included:
The Hon. Jean H. Toal, chief justice, Supreme Court of South Carolina;
The Hon. William W. Wilkins, chief judge, U.S. Court of Appeals for the Fourth Circuit;
The Hon. Kaye G. Hearn, chief judge, South Carolina Court of Appeals; and
The Hon. Joseph F. Anderson Jr., chief judge, U.S. District Court for the District of South Carolina.

So, to take advantage of the once in a lifetime opportunity to stare eye to eye and dialogue with the king of stare decisis, I had to ask the Justice a question. And, being the good the 'ol Carolina boy that I am, it had to include football.

"Do y'all tailgate at Redskins games?"

Actually, it was a little more intelligent than that. And the heart of my question was a genuine curiosity as to what life for a justice is like behind the closed doors of the Supreme Court. It was a good question. Clear. Concise. Sincere. It wasn't one of those let-me-show-you-how-much-I-know-by-pretending-this-is-a-question questions. And on two occasions, my query made the Chief Justice (and the rest of our packed out auditorium) burst into laughter. Top that, Jay Sekulow.

"Could you talk about the relationships between the justices outside the conference room and your discussions of different cases before the Court? I know that here at the USC law school, one of the biggest skills we are learning is the ability to argue and disagree with your classmates in class, but still be able to go out with them for happy hour afterwards. So I'm curious what the camaraderie is like between the justices, even when you may disagree on certain issues. I mean, do y'all tailgate at Redskins games on the weekend?"

Roberts laughed, told us that he was in fact a Bears fan, and then gave a serious response to my mostly serious question.

And that was it. I talked to John Roberts. He talked back. Probably the coolest thing I've done in a while. I love law school.

So be ready, in case YOU ever get the chance to ask that one person that one question that you've always wanted the answer to.
I know what mine is: "What'd you think of my first question?"

Can I get an Amen!?

It's high time the AP recognized the mad, perilous life of a goalkeeper.

Law School Life Imitates The Office (BBC)

"In my public presentation of this illustration at the University of Notre Dame in 2005, I used the Star Trek character of Spock rather than Sarek in my example. It was, however, pointed out by the moderator, Gerard V. Bradley (Professor, Notre Dame Law School), that the character of Spock is half-human, and thus my illustration was not quite to the point. So, that is why I employ the character of Sarek, Spock’s full-Vulcan father, in the published version. Special thanks to the logical Professor Bradley for correcting me on this matter. May he live long and prosper."

- Francis Beckwith, Legal Professor at Baylor University, who in his lecture today (which I attended) on Roe v. Wade used the Vulcan illustration when discussing characteristics of personhood versus human being.



"Oh, let's not rake up old graves. I don't wanna talk about whether Spock was a human or Vulcan or vice versa."

- David Brent, on discussing the last time Gareth was Quiz Master, where controversies over Quiz Mastering nearly cost The Dead Parrots their win. David relives the fateful evening in which Gareth had the incorrect answer to the question "What type of alien is Mr. Spock?" Spock is not a full Vulcan as Gareth claimed, but half-Vulcan and half-human. To that Gareth says now what he said then, "Look at his ears." Apparently, David was so convinced of his answer that he rented a cab to go home and get some Star Trek literature to prove his point.

Slippery is one proud Cock

I have a good friend here at home who is one of the pastors at First Baptist Church of the booming metropolis of Chapin. We have reconnected since my return to the Promised Land, and have had a good time re-establishing our friendship. Not to generalize, but if there are a few key things that my friend knows about me, it's that I am a diehard Carolina Gamecock, and that my friends now call me Slippery.

To generalize in return, my pastor friend is a huge Clemson fan (yet still a Christian - I've yet to reconcile that one), and a notorious prankster.

Which explains my surpise, and yet not suprise, when I drove by his church the other day (just up the road from our house) to see the below message on the church marquee:



I'm working on a response. Any help is appreciated.

Monday's with Murray: Fine Art

Picture used by permission from the Uffizi Gallery of Florence, Italy. Special thanks to Jamey for finding this.

That Close.

Nota bene: We were pissed after the game. Most of you can probably imagine (Macey used to cheer against USC in the big games, just cuz he knew we'd go buy a bottle of Jack Daniels and a 2 liter of Coke if we lost). A couple of our fellow law students attempted to console us with things like "At least you didn't get blown out" or "If my team had been that close to the #2 ranked team I'd be dang happy."

That's a load of crock in our book. So was the applause that the students and fans gave the team after the game was over.

There are no such things as "moral victories" in college football - either you win or you don't. A few UF graduates now USC law students heard us and commented that we sounded like Florida fans with our high expectations. Maybe so. If expecting to win each game and being ticked when we don't (especially when we could have) is a Gator trait, then maybe we're at the wrong school. But we don't think we are. And neither does Spurrier, according to this morning's paper: "Cheers ring hollow: Spurrier says fans need to raise their expectations; team does not deserve an ovation after a loss, no matter how close the outcome"

Right to Privacy?

Southern patriotism at its finest

Last night at the halftime of the Carolina game, USC and The Mighty Sound of the Southeast (Carolina marching band) had a halftime program to honor the past and present troops serving our country in the armed forces. Patriotic medleys, flags, veterans, troops in uniforms, balloons, etc. - it was quite the spectacle.

Being the good ol' Bible belt school that we are, the crowd sang God Bless America, and then were led in a prayer for our soldiers, followed by a long moment of silence as a the band played taps in honor of those soldiers who have given their lives for our freedom.

If having 80,000 people remain silent for an extended period of time is impressive, what was more impressive was what one loyal student yelled out to break the silence:

"God bless America!"

Silence.

"And F--k Osama bin Laden and those Afghannis!!"

Silence.

"Support your troops, b---ches!"

Consfused(?) silence.

"Go Cocks!"

The student section erupts in applause.

If only our student section at Covenant had been this colorful.