Proper Property

Questions for those of you who might know:

1. My notes tell me that a landlord can't waive the implied covenant of habitability. However, can a landlord waive the implied covenant of quiet enjoyment?
2. What's the simplest way to determine whether a covenant (both benefit and burden) runs with the land? (I'm afraid there is no simple way, so I'll settle for any way since I seem to have missed those lectures almost completely.)

I think Scoplaw was right when he said that the best way to learn something is to explain it to someone else, so if you're studying for property yourself, I'm happy to be the audience for your explanation on these or any other topics. Thanks!

Posted 04:11 PM | Comments (4) | law school

Late Farewell to Invisible Adjunct

Thanks to The Menagerie, I just learned that the Invisible Adjunct ceased blogging over a month ago. As this great article in the Chronicle indicates, the Invisible Adjunct had attracted a huge readership, so it's really a shame to see her go. I certainly understand a choice to leave academia; it sounds like the IA experienced most or all of the negative developments that currently threaten to destroy higher education as we've come to know it in the U.S., so it's hard to question her decision to leave that dysfunctional sinking ship.

Yet, her decision to close down the blog seems like another matter. Not everyone can claim to get 18,000 readers a month on any topic, let alone the relatively obscure topic of the plight of adjuncts in higher education. After all the work she put into it, it certainly would have been nice if the IA could have done something to turn her blog into some sort of positive catalyst for change in academia. Perhaps she could have passed the reins to another adjunct, or passed the domain to a collective of adjuncts who could continue the discussion of issues adjuncts face, as well as perhaps begin organizing adjuncts to start standing up to the almost criminally negligent tenured faculty whose relative professional success only remains possible because of the sacrifices made by adjuncts. Yeah, that would have been nice. But hey, what do I know?

Here's what I know: I wish the Invisible Adjunct all the success in the world in her future endeavors and I hope to see a book about her experiences very soon. I'll definitely buy a copy.

Posted 08:19 AM | meta-blogging

EJW Summer Corps

If you're a law student doing public interest legal work this summer, be sure to check out the Equal Justice Works Summer Corps. It only takes 10 minutes to complete the online application, and you could get a cool $1000 for your efforts, so long as your job qualifies. EJW started taking applications Wednesday, and they're considering them on a rolling basis, so the sooner you apply, the better your chances. Think of it as a $1000 study break. Who wouldn't want that?

Posted 05:35 AM | Comments (3) | law school

Contracts Schmontracts

Yeah, ok, the contracts final wasn't so bad. I'm in no hurry to get the grade, but I'm sure it could have been worse. On to ConLaw and ppppppProperty!

But not just yet. First, I want to read about Dick Cheney's absolute right to know and not tell, which is much more fun after a CivPro exam than I'm guessing it would have been before. I'm all over that writ of mandamus!

I also want to see what John Kerry Is A Douche Bag But I'm Voting For Him Anyway.com is all about. I mean, I think I can figure it out, but I'll take a few moments to ponder the implications, nonetheless.

And what about Operation Take One For The Country!? I think this will take some rigorous analysis. [UPDATE: Link via Three Years of Hell. Sorry I forgot to mention that in the first place.]

Then maybe I'll put my music library online with iPlaylist so you can all mock my musical knavishness, then add some recommendations to the Music Recommendation System for iTunes. Seems like a good idea, at least in theory.

Or maybe I'll just watch some crap tv. ;-)

Posted 07:22 PM | Comments (1) | law school life generally

Coulda Shoulda Woulda

1L Spring Exam #2 coming up in just over an hour. The pre-test feeling is much different today than it was on Tuesday. Instead of feeling calm and collected, I'm jittery and anxious. I still haven't been able to nail a practice question, whereas before my CivPro final I was pretty comfortable with my ability to produce a fairly lucid and complete answer to just about any question. Contracts and Sales seems somewhat logical, it seems simple, but there are so many twists and turns a case can take that it really becomes much more difficult than it looks. I get bogged down in the details of one claim and forget what I was going to say about another one, then I run out of time.

Nevermind. I could have studied more during the semester instead of saving it until the end. I should have done that. And I would have except, well... wel... I don't know why. I like pain? I think what I'm really saying is I'll be really really glad when this exam is over and I swear I will never ever ever procrastinate my studying like this again. Never ever. (Now when next Sept./Oct. comes around, will someone please remind of this? Thanks.)

Posted 11:54 AM | Comments (3) | law school

Contractual Panic

Doom, doom I tell you. Contracts final tomorrow and I'm bombing out. I look at practice questions and my mind goes mushy. I see the issues as if through a fog; I vaguely recall lots of talk about assignees, battles of forms, implied warranties of merchantability and fitness and the ever-present constructive condition of prior performance by the other party, but my grasp on these concepts is so tenuous that I can't seem to pull them out of the ether as I need to do in order to cobble together some semblance of a response to the fact pattern.

This is not good.

I look not for sympathy or encouragement, I'm merely venting. 24 hours from now, it won't matter, will it?

UPDATE: I can no longer despair now that I have Mr. Buffalo's Contracts Cheers to power me through my studying and exam taking. Thanks to Energy Spatula at Will Work for Favorable Dicta for the tip! And in case you haven't been acquainted yet, Energy Spatula is a superhero! Who shoots guns! Definitely a welcome addition to the roll de blawgs.

Posted 06:37 PM | Comments (2) | law school

Libel La Law

Here's a fun lawsuit/study break: A website called ProBush.com has a big "traitor list" featuring names and photos of prominent people who are supposedly "traitors" because they've been critical of President Bush. According to the site:

Traitor: If you do not support our President's decisions you are a traitor.

Obviously a lot of deep thought went into that. In fact, so much deep thought went into it that now the site is being sued for libel by former U.S. Sen. James Abourezk whose name and photo were added to the "traitor list" last year. Abourezk is suing for $2 million in damages. Nice. ProBush.com has been kind enough to post its own brief in support of its 12b6 motion to dismiss (PDF), as well as Abourezk's response. The motion was denied.

Speaking of slightly bizarre links having something to do with libel, check out these short "movies" from some law students at UVA. My personal favorite is the first one: We salute you, 1L's long-distance boyfriend who is going to lose your girlfriend to a 3L! According to the website, these movies are connected with something called the "Libel Show,":

The Libel Show is an annual comedy program at UVa Law, now finishing its 96th year, that lampoons our professors and life at the law school through a variety of impersonations, song parodies, and skits.

At GW, we have something similar called the "Law Revue" which is really very well done and always very funny (I'm told; I'm a loser and I missed it this year), but it appears they're going to have to step it up a few notches if they're going to compete w/UVA—technologically, anyway.

Finally, no post about libel would be complete w/out a nod to elle who also started exams yestertoday. Instead of posting to her blog, she's probably studying for her next exam. Hmm, maybe I'll try that...

Posted 07:21 AM | law general law school

Missing Homeownership

One year ago yesterday I sold the cutest little house I'll ever own. It was the cutest, because it just may be the only house I'll ever own, but after all the work I and my parents and sister and friends put into it, it was darned cute. One year later, looking at the pictures, I really miss that house. Damn nostalgia! But it's not just nostalgia. In Urbana, IL, where I used to live, I bought a two-bedroom house in 2000 for $50,000. My monthly mortgage payment was about $420/month. (I also paid $100-$300/month for utilities and whatnot; it varied a lot depending on the weather—poor insulation.) But that mortgage payment was more like a bank deposit because I got it back w/interest when I sold the place. Here, in the middle of D.C., L. and I each pay $850/month for rent alone ($1700/month total), and that's really a pretty great deal for around here. The kicker: We pay twice as much, and not one cent of that money is coming back. When we move out of this place, we'll be lucky to get our deposit back. Renting just blows. And don't even get me started on car parking (which is impossible around here; plan to spend minimum half hour circling the vicinity every time you want to park unless you just get really lucky) and the lack of a yard.

I want my house back.

Posted 06:17 AM | Comments (9) | life generally

Whew. Three to go.

CivPro is byebye. Issues I "spotted":

• document requests
• motions for dismissal
• compulsory joinder of parties
• objections to document requests (including attny-client privilege, work product doctrine, and overly broad or overly burdensome requests)
• motions to compel discovery
• motions for summary judgment
• choice of law (Erie)
• standards for appellate review of different issues
• JMOL motions both at close of evidence and after the verdict (a.k.a., JNOV)
• motions for new trial
• appellate review of JMOL, new trial, and interlocutory appeals under collateral order doctrine and/or 28 USC 1292

Now that's what I call fun!

If there was anything about preclusion doctrine on there, I didn't see it. In all, the exam was either awful or terrific; I was done with my first take on all nine questions in just over two hours. Problem: It was a three hour exam. I went back through to check answers, polish some things, add in more obscure issues, etc. I found some problems and holes to fill, but not too much. So either I just knew it and type really fast and got it all down, or I missed some big issues. Probably the latter, but we'll see. Doesn't matter much at this point, does it?

But it does matter in that I'm trying to figure out if there's anything to be learned from this experience as far as study habits go. Last semester I labored in obscurity on every exam, making my little outlines and running through practice questions on my own. That worked, um, just ok. For this CivPro exam, I worked much more with other people, trading notes, discussing issues, and running through sample questions and answers in a group setting where everyone could point out what anyone else was missing. So the question is: Which works better? The solo or the group method? I guess I'll learn something when grades come out this summer.

Now, it's time for contracts, sales, and UCC for you and me. Or me, anyway.

Posted 04:53 PM | Comments (7) | law school

Game Day

Six hours until CivPro, and I'm feeling, well, fine about it. If I can feel this prepared for the other three, all will be well. I may not get A's, but I don't think I'll crash and burn in to the GPA cellar, either.

Running through practice questions yesterday w/friends who did much better than I did last semester I learned that I often think I've answered completely, when really I've left things out. I mean, it's like we know and understand the same things, we I just don't get them all down on paper. Apparently I sometimes just skip over elements of a rule or test that are in my outline, as if my brain is filling gaps in my answer even as my typing fingers create the gaps. I'm not yet sure how to prevent this, other than to remind myself to write down every damn issue from the fact pattern, somehow, then be sure to tick through every single possible step in my outline related to that issue. Perhaps I just need more practice. Yeah. There's still time. Yeah, that's it.

Posted 06:53 AM | Comments (3) | law school

Practice Testing

In a review session this morning w/Prof. CivPro she said we shouldn't worry overly much about things we didn't spend a lot of time on. For example, she said, we just rushed through preclusion doctrine at the end, so it probably won't be a very prominent feature of the final.

Guess what's featured in nearly every single practice exam she's made available? That's right: Preclusion doctrine.

Thanks.

Posted 04:35 PM | Comments (3) | law school

You need backup

One of the best lines from "About A Boy":

Suddenly I realized — two people isn't enough. You need backup. If you're only two people, and someone drops off the edge, then you're on your own. Two isn't a large enough number. You need three at least.

So true, but in this case I'm not talking about family and friends, I'm talking about your outlines, your notes, the study aids you've meticulously prepared (or are currently meticulously preparing) to get you through your final exams. Have you backed all that up recently?

If you haven't, you probably should.

This has been another public service message from your friends at ai. We dunno nothin' —nah-theeng! — about collateral estoppel, but we no longer care. We have backup!

Posted 07:58 AM | Comments (1) | law school

Timing, Mooting, Injustice

Sounds like ConLaw, but no, we're in the land of CivPro here. I now understand the "Collateral Order Doctrine" re: interlocutory appeals. This is a small triumph. No applause please, again, just throw money.

But then there's that damned preclusion doctrine (a.k.a. collateral estoppel and res judicata)and mutuality and offensive v. defensive preclusion and what's a countervailing federal interest on the RDA side of the whole Erie/choice of laws analysis? Nevermind. I'm not really asking. Just spewing random bits at this point.

My brain was not made for this.

Posted 04:58 PM | Comments (3) | law school

Two Day Tick-Tock

The countdown is on. I'll spare you the angst and just recommend another bit of music to study by.

Hovering helicopters provided the soundtrack almost all day yesterday, presumably surveilling the IMF/World Bank protest. Barriers everywhere down town. Police overkill. Today they'll probably repeat the performance for the March for Women's Lives. I hope to take a study break and go, but I was introduced to so much new material in CivPro yesterday that I'd just never even seen before that I don't know if I can afford the break. Who even knew additur and remittitur were words!?

UPDATE: Just to note the great links recently at Three Years of Hell (who appears to have entirely too much time for political commentary at the moment—I can't keep up!) and buzzwords.

Posted 05:55 AM | law school