Tuesday, April 28, 2009

Second exam at the end of 2L year ...

... I want to be happy sooo much! :-(

P.S. I had motivation till the moment when I had realized that I don't know how to take exams ... and this sucks!

Friday, April 24, 2009

Cases in cartoons

A few times I have googled cases I am not clear about and stumble upon cartoons. here is one for Perlman v. Feldmann (from Corporations) -- see it at Sut's Views

Thursday, April 23, 2009

I hate this word "outlining"

Today one of the students said that his outline is on 150 pages and he wants to bring it to a final. I thought my outlines are long, but what then to think of this one?

Friday, April 17, 2009

Ok, yes, I laugh from this...

Boring readings of complicated cases can be sometimes diluted with judge's humor. Apparently, from my postings on other web sites, lay people don't find that humor fun. Maybe that is why lawyers have own jokes that seem to others not at all amusing. My humor might happen to degrade to the level when I laugh at judge's opinions, but, oh well, I am a future lawyer, aren't I?

Here is an excerpt from one of the cases -- Penthouse Intern., Ltd. v. Dominion Federal Sav. & Loan Ass'n, 855 F.2d 963, 973 (2d Cir. 1988):

Also important to Dominion's case was the testimony of Melrod partner, Philip Gorelick. Because of his extensive involvement in the transaction, he was in the
best position to present Dominion's perspective concerning the deal. The district court was not, however, receptive to Gorelick's testimony. After Gorelick had concluded his testimony on direct examination and began responding to questions on cross-examination, Judge Duffy called a morning recess. As the Judge was leaving the courtroom, he requested that the Melrod firm's attorney, Robert L. Tofel, join him in the robing room. When Tofel met Judge Duffy in the robing room, the judge handed him a copy of Volume 377 of the Federal Supplement and requested that Tofel read the first line in U.S. v. Tramunti, 377 F.Supp. 1 (S.D.N.Y.1974) (Duffy, J.). That line reads: “John Spurdis is a liar.” After reading the sentence to himself, Tofel looked at the judge. Saying nothing, Judge Duffy simply shrugged expressively. Tofel then said in essence that Judge Duffy had misread Gorelick. Tofel explained that Gorelick may have been obnoxious or aggressive but that he was not a liar. Again, Judge Duffy did not respond and simply shrugged.

(. . .)

[t]he decision as to the credibility of witnesses is properly left to the trial judge or to the jury because as finders of fact they are in a position to view the demeanor of the witnesses.

Gorelick took the stand and attempted brazenly to lie to the court. During cross-examination, the crucible of truth, Gorelick continuously shifted uneasily in the chair, sweated like a trapped liar, and the glaze that came over his shifty eyes gave proof to his continuing perjury. His total lack of veracity was shown not only by his demeanor but by the shady practices he seemingly reveled in.

Friday, April 10, 2009

A couple days ago here I was writing about my doubts what clinic I want to participate in. Well, I have received an offer to join the Entrepreunirial Clinic. I have decided to follow my fortune and accepted. Now I think I didn't make a mistake. Moreover, I keep registering for business classes for the next semester.

Writing emails and writing on English

I have just finished writing an email to one of faculty members. I swear, I checked email over and over and continued find mistakes, very silly once. I have noticed that when I am writing I translate from my native language forgetting that English has different structure. How long am I in the States? More than 5 years? It is quite a bit, but I still feel that my language is so much imperfect. How to learn it? How other immigrants do? Is it my age or stupidity from birth? I am very frustrated.

In addition to this, my relationships with husband are kind of tense. Recently he is constantly grumpy and doesn't talk. That makes me upset, because I am a people person. If I don't speak to others, I become depressed. If I am depressed, I cannot do anything. Last two days, instead of studying for exams, I have been surfing Internet and watching TV. It is no good. Moreover, if I am behind on reading, I suffer an insomnia. Dreadful thing, I must confess. If I don't sleep well, I don't feel well next day. If I don't feel well, I don't think well. If I don't think well, I don't study well. What a chain of causation! I'd better get some tea with hopes that caffeine will help me.

Monday, April 06, 2009

Tough choice to make

A few minutes ago I have submitted my letter of intent to be enrolled in the Entrepreneurial Clinic. I am little worried because I always thought that I want to be a business attorney, but sometimes I have feelings that I will get bored with that type of work. I was thinking of litigation, but then I am not sure either. Therefore, I have decided to apply to the Entrepreneurial clinic first, instead of criminal law clinic and see whether I am accepted. If yes, I am in. Tough!

Sunday, April 05, 2009

April?? Already??!!

Yes, again, I have disappeared from these pages, even though I keep saying that I have to write more for my own sake.

What happened with me for this time? Practically nothing.

Busy with studying.

I was really late with my note that was due before a spring break and as always I had to finish it up right before a due 5pm o'clock. But I made it.

I have realized that I should listen to my inner voice when it says to drop a class because a professor sucks. Bad, I didn't do listen to it at the beginning of this semester. From first class I knew that I don't like her. Now I hate this class because she says one thing, does another, makes me change my correct understanding of the material to the wrong one then, obviously, I make mistake and she lowers my grade. Honestly, I hate her class not because of the subject, but because of her methods of teaching, or, I would say, because of the absence of such methods.

I finally saw a wonderful state of California. For several years that I spent in the United States I have been hearing a lot about it. Actually views were totally opposite: crowded-state-with-high-real-estate-prices v. beautiful-weather-and-closeness-of the-ocean. Unfortunately, our trip was not successful as we could expect: I had to finish up my homework, the weather was cold and rainy, the ocean was like ice. I have enjoyed the trip but definitely it could be much better.

I also wanted proudly to say that last week as a President of a student organization I have organized an event (a panel discussion) with four attorneys. It took me an enormous amount of time: writing emails, setting up the date, classroom, parking. But it was rewarding. We had a great attendance, and I found speakers very interesting. Now I am considering whether I should run for the next year. I kind of liked it.