ConLaw Practice Exam

Since I'm supposed to be learning all about Constitutional Law for a final, um, in a week or so, I'm a little concerned that I don't have more complete responses to the Constitutional quandaries in the headlines. Therefore, as a public service to any law student studying for ConLaw, I present two real-life ConLaw practice exam questions:

Question One:
Health and Human Services (HHS), an agency under the executive branch, is refusing to release information to Congress (and the press, but that's a different story). What arguments can HHS make to support its claim that it doesn't have to comply with a Congressional request for information?

Question Two:
The U.S. is currently holding more than 600 foreign nationals at a military base in Cuba as suspected terrorists. The Supreme Court recently considered whether these prisoners should be accorded any due process rights, or if they should be denied those rights because the executive says they are "enemy combatants." What arguments can the executive make to support its position that U.S. courts have no jurisdiction over these prisoners, that these prisoners have no due process rights, and that the executive has complete discretion to decide these matters?

In a related question, Yaser Hamdi, one of the Guantanamo prisoners, turned out to be a U.S. citizen. Does that change the executive's power to detain Hamdi? Does the executive have unreviewable authority to deprive a U.S. citizen of his Constitutional rights? What arguments can the executive make in its favor? What are the flaws in those arguments? (A bit more on these questions here.)

__________

How would you answer these questions on a ConLaw final? They say practice exams are a great way to study. Feel free to practice in the comments! ;-) Click "more" for my very superficial/general thoughts on these questions.

General Thoughts on Question 1:
Can HHS withhold information from Congress under executive privilege? If so, does the executive's need for confidentiality outweigh the public's need to know this information? The answer to that probably depends on whether you'd like to see a second Bush term. If you'd like to see Bush reelected, then the public doesn't really need to know how duplicitous the executive was here. If you'd prefer to see Bush leave office, then the public's need to know this information is quite urgent.

This issue might also raise other, more difficult Constitutional law questions, such as: What happens if an executive agency lies to Congress about the cost of a program, then Congress appropriates money for that program, and then the executive says, oops, we need more money? I mean, I guess there are no Rule 11 sanctions to impose on the executive branch, but really, there should be. I'm guessing the only "sanctions" are accountability to the public—if people are angry enough about the executive's duplicity, they'll indicate their anger at the ballot box. Let's hope. Of course, if voters can't get the information, or if the information remains clouded in enough controversy that voters can convince themselves the executive may not, in fact, have lied here, then that ballot box accountability becomes a bit dubious, doesn't it?

General thoughts on question 2:
At a basic level the enemy combatant cases present questions about the extent of the executive's powers under the "commander in chief" (Art. II, § 2) and possibly "vestiture" (Art. II, § 1) clauses. But then, these seem to conflict a bit with the executive's responsibilities to "take care that the laws be faithfully executed" (Art. II, § 4). I mean, especially in Hamdi's case, since he's a U.S. citizen, we do have laws about due process that the executive has an obligation to uphold, right?

Posted 09:31 AM | Comments (4) | law general law school

TypeKey No Thanks

During a study break (yeah, that's it) I learned that MovableType is beta testing MT 3.0, which they say isn't a feature release, except for the one big feature, comment registration, a.k.a., TypeKey Authentication Services. The point of TypeKey is supposed to be that it will reduce spam in the comments of MT blogs, which seems like a neat idea, except that problem has already been pretty well solved with MT-Blacklist. So instead of solving problems for users, it seems like TypeKey is just going to create hassles and reduce the fun and spontaneity of blogs by forcing people to "register" and "login" if they want to comment on blogs that use TypeKey. How often have you thought about leaving a comment somewhere, but decided not to when faced with a registration or login screen? I generally don't fight through those things; it's usually not worth it. I mean, I enjoy leaving comments on blogs, and I certainly love to read the comments here at ai (they're really what make blogging worthwhile, to a large extent—more comments, please!), but part of the fun of blog comments is that they're quick and easy. Read a post, jot a thought, and move on. Registration and login systems add those extra steps, thereby raising the barrier for commenting.

On the plus side, this faq says you don't have to use TypeKey to use MT 3.0, and it sounds like they've built at least some of the functionality of MT-Blacklist right into MT itself. I hope they keep things that way for all future MT upgrades, as well. I also hope MT-Blacklist sticks around and someone continues to update it. I think it's a far better solution to the spam problem than TypeKey promises to be.

Posted 06:37 AM | Comments (5) | meta-blogging

Float On

I hereby predict the definitive "indie" rock anthem of Summer 2004 will be: "Float On" by Modest Mouse. [video, lyrics] If I were you, I'd follow this advice:

you MUST TURN IT UP LOUD SO THE DRUMS AND BASS MAKE YOU CRAZY. holymoly! dan!!

Now accepting nominations for other contenders in this or any other category of must-listen music. Studying requires a good soundtrack, no?

BTW: Several free (legal) and yummy mp3s here. And Better Propaganda also promises to be a treasure trove of great new tunes.

Ok. Back to making Erie my docile little plaything.

Posted 08:03 PM | Comments (5) | life generally

TV Turnoff Week

Due to what must be a magical alignment of the planets, this week, the week I'm supposed to be spending every available minute studying (obviously that's not working) is also TV Turnoff Week! We didn't realize this until Tuesday, but the TV has been dark since then. It's kind of nice, actually. Of course, our friend Tivo is saving up a few goodies for us to watch later, like The Daily Show and Survivor All-Stars, but, well... That's not really cheating, is it? Oh, that reminds me, have you heard about what's happening on The Apprentice? Now that's what I call must-see tv!

Posted 05:50 AM | life generally

Math class for English majors

What happened to Math Class for Poets? Judging by the last post, its author went to work, and isn't/wasn't liking that too much. I wonder how that worked out...

Blogs blawgs. So temporary. It's sad when one stops, isn't it?

The reason I was thinking about this in the first place (besides the fact that thinking about anything other than CivPro is just irresistible right now) is that I was thinking if law school is like math class for poets, poetry is like math class for English majors. That's why I never "got" poetry. I don't do math. (I don't want to go into what I mean by "get" —maybe some other time—but let's just say I'll never be much more than a poetry tourist. Also, if the logic of these analogies seems twisted beyond reason, that's because it is.) And I was probably thinking about all of this because Scoplaw has been posting poetry and, well, it makes you think, is all I'm saying.

So, full circling, tph of Math Class for Poets, if you're reading this, here's hoping you figured out some way to cope with that job situation and everything is going well. Your blog will be visited and read again should you decide to resume posting there.

Posted 05:31 AM | Comments (6) | law school meta-blogging

Indebtedness

I got a big scare yesterday that I'd missed financial aid application deadlines. I've since learned that's not true, but it GW's "need-based aid" is pretty much first-come, first-served (for those who qualify), so I went ahead and did all the outstanding paperwork. It's pretty sobering. At the end of one year of law school at GW (yeah, ok, the end except for those pesky finals), the numbers are:

Current educational loan debt: $68,025 (includes roughly $35k in undergrad and previous grad school debt)

Estimated expenses for 2004-2005: $49,495 (as estimated by GW)

Amount that will be borrowed to pay for 2004-2005: Probably all of it, unless GW comes through w/some aid, but that's looking unlikely. Borrowing it all will put total indebtedness a year from now at $117,520.

Bottom line: Law school is making a PhD in English look pretty cheap. And it's worth all of this, why? Oh, and keep in mind, I'll be lucky to make $40-60k/year upon graduation as a public interest lawyer. Many many starting positions pay much less. Very discouraging....

I guess this is why the good kids do their financial aid way before finals, huh?

Posted 08:30 AM | Comments (15) | law school

Totenberg Reports

On Tuesday the SCOTUS heard arguments "about the constitutionality of detaining so-called "enemy combatants" at the U.S. Naval Base in Guantanamo Bay, Cuba." For some of the best concise coverage of the case, listen to NPR's Nina Totenberg set up the case the morning before arguments, provide first reactions of the arguments themselves, then wrap up and look ahead to likely outcomes the next day.

Nina Totenberg rocks my world.

Posted 06:49 AM | Comments (4) | law general

Attack of Plan

Ok. 1L classes are now officially over. Hooray?

Now is when the rubber meets the road. Did anything sink into my head this semester? Better question: How much can I cram into my head for near-instant recall in the next six days? I've got good outlines for every class. No, I didn't make a single one. Yes, I know that's not how you're supposed to do it. If you're a law student, I'm telling you this to boost your confidence. Think of this as my gift to you: You are more prepared than I am, so rest easy. This is especially true if you're in my section at GW. I'm here to make sure you'll land at least a bit higher on the curve. Please just throw money.

The plan:

1. Today: Conlaw. Must get an overview in head.
2. Tomorrow and Friday: CivPro. Reviewing outline and Glannon, taking practice exams.
3. Saturday and Sunday: Contracts. Same gig w/the outlines and the practice exams.
4. Monday (4/26): Contracts in the Morning, one more CivPro practice test in the afternoon.
5. Tuesday (4/27): CivPro all day. CivPro final at 2 p.m.
6. Wednesday (4/28): All Contracts, all the time. Practice exams!
7. Thursday (4/29): All contracts still. Contracts final at 2 p.m.
8. Friday (4/30): Property practice exam in the morning, property review w/ProfProperty at 1 p.m.
9. Saturday: Happy May 1st! If I were in Finland I'd celebrate Vappu. But since I'm not, I'll be drowning myself in Property and Conlaw.
10. Sunday and Monday (May 2&3): Conlaw conlaw conlaw.
11. Tuesday (5/4): Conlaw final at 2 p.m.
12. Wednesday (5/5): Property! Practice exams yeah yeah yeah!
13. Thursday (5/6): P-p-property! Property final at 2 p.m. Collapse at 5 p.m. Gradually become human again. Remember that life outside of law school is a wonderful thing.

There. It isn't pretty, but it will have to do. I call it my "Please please let me pass" plan. Feel free to use it yourself. I know you want to.

Hail Mary: If you have any tips, any at all, for remembering/understanding tricky or big-picture points of any of these subjects—CivPro, Contracts (Sales and UCC Art. 2), Conlaw, Property—please please please share. You will be loved and thanked and placed high in the upper levels of the ai pantheon of wonderful peoples. Your children and/or future children will respect you more for your generous spirit and wisdom, and the next time you have Chinese food you'll get a really stellar fortune. I promise. Thanks!

Posted 07:04 AM | Comments (12) | law general

Scary Search

Forget about why this person might have ended up here at ai, the real question is: Why is someone searching for "what exempts someone from the draft for war" in the first place? Is Nader's draft talk having some effect? Or was this search prompted by a Republican Senator's call to reinstate the draft?

Nebraska Sen. Chuck Hagel told a Senate Foreign Relations Committee hearing on post-occupation Iraq that there isn't an American that doesn't understand what the troops are engaged in Iraq and what the prospects are for the future.

"Why shouldn't we ask our citizens to bear some responsibility and pay some price," he said

Hmph. I thought this whole Iraq adventure was supposed to be a cakewalk (also more cakewalk). It sure is a good thing our fearless leader never makes any mistakes. Do you feel more secure yet?

Posted 06:36 AM | general politics

Transfer Tip

Thinking of transferring law schools? Check out JCA's ginormous list of links to transfer policies at various schools. Ah, if wishes were fishes....

Posted 06:35 AM | law school

Honor Roll

Thanks to Venturpreneur for adding ai to its Law Student Blog Honor Roll, even though ai didn't win the poll. Thanks also to all who voted for ai. ai loves you.

I'm not sure what this honor roll means, but since it's w/out doubt the only honor roll your humble blogger will have any chance of making this semester, I'll take what I can get. Congrats to the others on the roll, as well! No offense to Venturpreneur, but here's hoping you all make certain more important honor rolls in the coming weeks.

BTW: What's up with the U of Wisconsin Law School and blogs? Venturpreneur's UW blogroll has a dozen entries, and he may not be including them all. Does any other single school have more? Why do some schools have many bloggers (including faculty), while others have almost none? GW has a student body of at least 1600 students and I know of three GW blogs, including ai. What's up w/that?

Posted 06:29 AM | Comments (4) | law school meta-blogging

Fresh Apples

Apple updated its iBooks and Powerbooks today, but the recently-updated eMac is by far the most Mac for the money. Check this out: G4/1GHz/256/80/SUPERDRIVE/56K for only $895. I'm not buying, just saying...

Posted 03:19 PM | Comments (2) | mac geek

Two more days

Today and tomorrow. Two more days of 1L classes. First final is a week from Tuesday. I write these things to remind myself. This is serious. 1L is almost over. Must focus on finals. If Dubitante is correct and a law school semester is like a golf tournament, I'm in big trouble. I've been following something like Jeremy's Four Week Exam Plan for, well, all semester really, except I haven't looked at any supplements at the bookstore or checked out any treatises from the library. I have stapled some stuff, though, and it felt very satisfying. In fact, where is my stapler. It's a red swingline...

Posted 07:01 AM | Comments (1) | law school

Ernie Says So

What's the best computer for an attorney? Why, a Mac, of course. Ernie the Attorney says so:

Call me crazy, but I think that computers should be so easy to use that the word 'configuration' becomes obsolete as a computer term. There are so many things about Apple computers that make life easier (e.g. they rarely crash, rarely need rebooting, and simply don't need to have the OS reinstalled every year as part of 'routine maintenance'). Macs are more secure, and not just because people don't write viruses for them. I could go on with all of the things I've learned about Macs in the past year. But I'm really wasting my time here because if you have a Mac and run OS X then you already know what I'm talking about. And if you only use PCs then you are going to have to defend your choice (which for many, many people isn't a real choice because they just bought what the herd was buying; at least that's what I did up until a year ago).

So, ok, he concludes by saying that you'll still need a Windoze machine because they're so pervasive that he "probably can't live without one." That's debatable. I have a Windoze machine because GW stupidly requires it if you want to take your exams via computer. Other than that, I've found zero reason to have a Windoze machine—at GW, anyway.

Whatever. Whether you need a Windoze box for some reason is not the point. For day-to-day use, Macs are just better. Listen to Ernie. He's a very smart man. [link via the Unofficial Apple Weblog]

Posted 06:23 AM | Comments (2) | law general mac geek

Superman Loves Wyoming!

Jerry Seinfeld and Superman want you to use American Express. I hate that I enjoyed this so much. It's an advertisement, fergoodnessake! I saw the Daily Show episode last week where Seinfeld was talking about the extra-long commercials he was making for AmEx, and as a matter of principle I was determined not to go watch them. But then I was supposed to be studying for finals, so any distraction is a good distraction. Yesterday I turned over our washing machine to see if I could figure out why it was making such loud banging noises. (Answer: It's broken.) Yeah. Distractions are good. And then Scott at L-Cubed had to go and link to the Seinfeld ad, so of course I had to watch it. And then it had to feature Wyoming. And Superman. I mean, maybe I would be able to dislike the ad if I weren't from Wyoming, but I am, and the poor state just takes so much grief that even an ad that makes fun of Wyoming is a heartwarming change. And this ad is funny. It is. Dangit. And it has Superman wiping mayo off his face with his cape that is impervious to stain.

Just watch it. Give in. Succumb. You will be assimilated.

Posted 10:11 PM | Comments (1) | life generally