11.20.2007

"Oeniphiles Rejoice" Redux

On August 29, I posted a story about Professor Pat Baude's victory in an Indiana wine shipping case. The case was decided by Judge John Tinder, an Indiana Law alumni and District Court judge.

The state of Indiana is appealing the decision to the Seventh Circuit (see briefs here). In a delightful turn of fate, Judge Tinder is awaiting Senate confirmation for his appointment to that court.

On a side note, I usually like what my state is doing. But in this case, I certainly hope that Indiana fails. Professor Baude et al are representing the freedoms of Hoosiers. Fortunately, the Seventh Circuit is fairly libertarian, and hopefully will affirm the decision of its future comrade.

11.13.2007

One Month Left

It occurred to me, as I checked my official Indiana Law day planner, that my finals are in less than a month. This must explain why I haven't been posting much. I have two papers to write (one would best be described as an undergrad touchy-feely paper that has little place in a law school curriculum, but I digress) in the next week, and eventually I'll have to solidify some sort of outline for my four finals. So far I've felt that law school has been, well, exactly what I thought it would be. I don't think I came in with inordinate fear, but I don't think I was sugarcoating what life would be like in a Tier 1 law school either. I've seen a lot of people start to fall apart from the stress, and a lot of folks have been getting sick lately. I don't know if my general comfort with the process is aided by my summer start or not, but I suspect that my nature is helping keep my sanity.

On top of all that, I've been working incessantly to secure myself a job for my first summer. Somewhere along the line I decided that I would best fit into bigger law firms in Indianapolis (where I intend to stay after graduation), so I've been looking into all of them, along with a few government agencies. I'm hoping for the best, and the few hiring partners I've had casual conversations with seemed interested in my business experience. I'll be happy anywhere I work, but I certainly have my preferred places.

Lastly, I've met a few potential 1Ls at various law school events, and I've noticed an increase in traffic coming from searches by sundry students. I'll try to keep both in mind over the next few weeks, as prime application season begins, and as more seek advice on which law school to attend. I certainly vouch for the quality of Indiana Law. I'm sure my comrades in the blogroll to the right will certainly agree.

10.29.2007

Occam's Tax Code

Not so long ago in Torts, we discussed Occam's razor as it relates to strict liability. The razor is the 14th century principle of lex parsimoniae; that is, that, all other things being equal, the simplest solution tends to be the right one. What followed was a delightfully intellectual discussion that does not need repeating here. Rather, it made me think about all the places in life that the razor would make life that much better.

As we get into election season (not that today is any different than the last eight months), it occurred to me that my vote should go to the one who follows the concept of the razor most closely, specifically regarding the tax code. The version just recommended by Charlie Rangel (D-NY) had tortious action performed upon it by CNBC, and rightfully so. Even though it keeps the AMT at bay, and reduces top corporate taxes, it raises taxes elsewhere (for example, a 4% surtax on all AGI over $200,000, which I suspect several of my readers make or will be making). In fact, as the report from the Tax Foundation states, "almost all of the 90 million taxpayers whom Rangel claims would pay less under his tax plan would still end up paying more to Uncle Sam in 2011 as a result of the tax cuts' expiring."

Fortunately, it's unlikely that this bill will pass before 2009, and then only if a Democrat takes the White House. For that reason, this goes as a large point in the "con" column for voting Democratic. I still put my support behind Ron Paul (who, incidentally, will be on the Tonight Show tomorrow), because it seems that his tax code is the most Occam-like. Simple solution indeed.

10.27.2007

Shadow Day

As part of the first-year PRACTICE program that IU has implemented, we get the chance to link up with an alum and shadow them. Since I was going home for Fall Break anyway, I opted to seek only persons in Lake County. I was very fortunate that one of our grads is a senior judge in the Lake County Criminal Court, specifically the high crimes division. I jumped at the opportunity, and it was fantastic.

I knew that shadowing the judge would make my options clearer in terms of career planning and summer work, and indeed it did just that. His career path after IU was fairly straightforward: several years as a prosecutor, then a stint as a defense attorney, then election to the bench. This certainly is one of the paths that I thought might fit my own ambitions.

I have to admit that the day was fast-paced and surprising, and I realized just how little I actually knew about the function of a felony court. The first part of the day was almost Fordian: an assembly line of criminals and lawyers being brought to the podium as prosecutors rotated in and out of several doors. I saw plea agreements accepted and rejected by the bench, several translators trying to keep up, closing arguments in a double-murder jury trial, a sentencing for a high-profile brutal murder, and dozens of other administrative proceedings.

Law and Order tries to make the process look busy, but nothing compares to just sitting in the room watching everyone. Since I was nearer to the back, I got to watch the reactions of the families. Some took it rather well, almost stoic. Others fell apart. I watched a girl and her mother respond to the sentencing of their brother and son, respectively, and saw how a life can be destroyed by one stupid mistake. There were eighty-plus year old mothers, and little children who might never see their parents without bars. The emotions were hard to deal with, even as a neutral bystander.

To be honest, I'm not sure how the whole day affected me. On one hand, it made me want to be a prosecutor even more. The opportunity to be on a stage, performing for a jury, is appealing. The ability to decide how and why to prosecute someone is appealing. The high-profile nature of it all is appealing. Yet, on the other hand, it was overwhelming. You have to keep your emotions hidden. You have to keep from being empathetic. You have to do your best to be "the state." It's a lot to take in at once.

As a result, I know a lot more about the criminal justice system, in reality and out of the books. No matter what I decide to do, at least I will know that I did all I could to be informed before making it.

10.23.2007

Finally a good use for all this computing power

To my regular readers: I apologize for the lack of posting in the last week or so. I've been quite busy. Fear not, however; I have a list of topics to discuss that should be up here before too long.

It seems to me that only a few law schools in the nation actually require laptops, much less laptops with certain required characteristics. IU is one of them. I suppose this is a good thing, because it gave me an excuse to buy a new laptop, but in the long run, it is probably excessive.

The requirements were such that we needed top-of-the-line everything. High powered processors, massive hard drives, and more memory than a herd of elephants. All that so that we can run Microsoft Word in class to take notes, and at the end of the semester run exam software. I equate this to using C4 to light a firecracker.

So, in an effort not to have my money wasted, I sought something for which I could use this thing for. As a result, I have joined the World Community Grid. Essentially, it is a grid computing software that I now run every hour of the day. According to the site, "Grid computing joins together many individual computers, creating a large system with massive computational power that far surpasses the power of a handful of supercomputers. Because the work is split into small pieces that can be processed simultaneously, research time is reduced from years to months. The technology is also more cost-effective, enabling better use of critical funds."

Since I joined the WCG three days ago, I have joined four projects. Discovering Dengue Drugs - Together, Human Proteome Folding Project, FightAIDS@Home Project, and SETIatHome. The program runs in the background all day, and lets me help out worthwhile causes for the sake of humanity. For those looking for a feel-good project that lets you use your excessively powerful law school computers, I invite you to sign up and download the software.

For all students, professors, staff, and alumni of Indiana Law, I have set up teams on the two websites to represent our school (called IU School of Law - Bloomington). The teams don't do anything particular, but they allow us to compete with other teams (notably, the one at the law school up 37).

And trust me, if I happen to be the one who finds proof of intelligent life elsewhere in the universe, you'll be the first to know.

9.26.2007

Reader Opinions Sought

I am in the midst of deciding how I should spend my first summer. I have two basic alternatives: study abroad or find a job. I would like opinions (in comment form) on which would be better in the long run, and why. Obviously the opinions of practitioners and upperclassmen are more valuable at this point than opinions from fellow 1Ls.

I know (with a fair amount of certainty) that I want to work in criminal prosecution when I finish law school, and I also know that I want to stay in Indiana. Although nearly all study abroad programs I found involved international business or human rights, I was able to find a study abroad program through Tulane University that focuses on Criminal Law. It takes place in Amsterdam, because of its proximity to the Hague, among other reasons. The focus of the coursework would be comparative criminal procedure, international criminal law, and terrorism (as seen in the European way, as a crime rather than something upon which to declare war). The downside is that it is costly, and I would have to take out additional loans to fund such a trip.

My other alternative is to find work in a prosecutor's office or courtroom somewhere in Indiana. More populous counties like Marion, Lake, Monroe, Tippecanoe, and St. Joseph have large court systems, but I would love to work in a rural office (say, Park or Adams county) just as much. I have also looked into the Army JAG summer internship program, and wouldn't be opposed to working there, either. All of these alternatives give me valuable networks for when I want to find a job in a prosecutor's office in three years. The downside is that many of these positions are unpaid, so I might still need to take out loans.

So, for all the practitioners, judges, professors, and upperclassmen reading this: in your opinion, which is the better alternative? Your help is much appreciated.

9.21.2007

Terror-Management Theory and the Law

Today I made the hike up to the Psychology Building to listen to a lecture. The lecture, by University of Missouri-Columbia professor Jamie Arndt was on the topic of Terror-Management Theory (TMT). The topic of the lecture was "Is Death Hazardous or Good for Your Health?: Understanding the Impact of the Awareness of Mortality on Health-Relevant Behavior". The lecture was quite enjoyable, especially since I am sure I was the only law student there.

The basic premise of TMT (and I apologize to Professor Arndt if I falsely describe it) is that when you combine 1) the human biological need for self-preservation and 2) the fact that humans are unique in their knowledge of the inevitability of death, you get the potential for extreme terror. Some have called it a fear of death or a fear of annihilation. When we reach that point, we respond in one of two ways: we take better care of ourselves (trying to delay our inevitable demise), or we take worse care of ourselves (either through denial or, if death is soon anticipated, risk taking).

The experiments the psychologists in this area are running are quite interesting. Reminding people of their own mortality has been shown to increase their inclination to respond favorably to people who bolster their own worldview and negatively to those who oppose it. One test Dr. Arndt mentioned was a mention of death or cancer to a person who values tanning. The surveys show that they are more inclined to buy higher-SPF sunscreen right after the reminder of their own mortality. My business undergrad instantly kicked in and developed a marketing ploy for sunscreen manufacturers: put up a billboard with the words "Death" and "Skin Cancer" and nothing else. Further down the interstate, perhaps just a few moments later, advertise your product. The inclination will be for the individuals to buy your product, at least theoretically. Such advertising would work as well for churches and exercise clinics.

TMT has some interesting effects in the study of law (or else why would I have attended, other than for pure intellectual stimulation on a Friday afternoon). I am curious how it would impact death row inmates, for example. How would such an effect alter a person's feeling of the necessity for deadly force in self-defense? Are people who are reminded of their inevitable annihilation more likely to commit crimes?

The ideas for journal articles abound. And all I had to do was hike to the north side of campus.

9.13.2007

Absorbing Wisdom

I found myself a new hobby.

As I described in my last post, I found myself very interested in listening to the stories and knowledge of a variety of persons in the legal field. It has taken the place of reading The Economist in my weekly schedule, actually. And, thankfully, the law school offers a great deal of optional educational opportunities for people like me.

Yesterday I had the pleasure of listening to a lecture on mental capacity and the legal ramifications of being on the fringe of such a category (i.e. those who are capable of making good decisions, but only just, and those who are not capable of making good decisions, but only just). The main thrust of the discussion was aimed at Alzheimer's patients, and how to treat them. For example, if a person my age says "When I'm old, if I can no longer remember my children, and cannot enjoy the intellectual pursuits I once did, I would like to be killed." Do we respect that person's choice when they become old, or do we count the older self as a new person?

The lecture was given by visiting Oxford professor Jonathan Herring, a very qualified speaker (nothing like hearing about Hoo-zee-er basketball in an English accent). I found it particularly interesting that in Britain, whether a person is mentally qualified is a question of law, while here in the States it is a question of medicine. I suppose that we Americans assume doctors are better at assessing mental incapacity than judges.

In the coming weeks, we have lectures on comparative British & American law, constitutional design in emerging democracies, and others. In October we have a pair of Courts of Appeal hearing arguments (one is a military court) in our Moot Court Room. You can be assured that I will be there for all these lectures and more. The law never ceases to amaze me (although, to be honest, Contracts can occasionally cease to do so).

I must rest up. Tomorrow after class I'm going to sit in on the Monroe County Court and hopefully hear some worthwhile legal argument.

9.07.2007

Dinner Date with the Judge

One of the new things Indiana Law is trying on us is a 1L PRACTICE program, that ties in themes of ethics, professionalism, and career-planning. Last night we were fortunate to have a pair of speakers practicing in an area of the law in which I'm particularly interested. One is a county judge and former prosecutor here in Bloomington, while the other is a top criminal defense attorney. The actual presentation was quite interesting, as the two often disagreed and bickered (over such things as whose job is harder and who has better investigators).

As insightful as the presentation was, the most enjoyable part of the evening happened afterwards. One of my professors invited a group of students to dinner with the two speakers. The dinner conversation lasted about three hours, and I was glad that I accepted the invitation. I spent the first part of the night talking to the defense attorney, a highly regarded lawyer from Indianapolis. While I have no interest in working on that side of the courtroom, it was great to talk to the guy one-on-one. His golf-course living and iPhone were a testament to the economic success that such a position can offer.

After he left, we spent a while talking with the judge, exchanging law school stories and hearing tales of the most interesting folks to enter her courtroom. I felt like her life story was similar to mine, in regards to growing up, and our opinions of the legal profession. At the end of the night I was unhappy about leaving, as I could have absorbed her knowledge for at least a few more hours. Not all my comrades shared that enthusiasm, though. In the end, I found a good connection in a prosecutor's office and a courtroom.

Moral of the story: never turn down a dinner date with the judge.

9.05.2007

The Getting Involved

Week two. So far, so good. Classes are exactly how I thought they would be, which is comforting, even though the classes themselves are not. I've settled into a cozy routine of sleep, work, and class. And of course I leave Saturdays open for college football (Go Hoosiers!) and going out.

But, I haven't felt involved yet. In high school, I was in about a dozen extracurriculars (more, possibly). In undergrad, I participated in a few (limited more by my working than by lack of interest). And I feel like those experiences were priceless (volunteering to help poor individuals file tax returns, for example). So now that I'm in law school, I feel like I should get involved, if not to meet new people than to keep busier.

This week has been "get involved" week, where we get fed free lunch every day and find activities with which we want to get involved. My interests vastly outnumber the hours of free time I have, though, so determining which are best has been tricky.

First of all, I needed to join one of the legal fraternities. I settled on Phi Alpha Delta, mostly because of the size of the network and the names of the more famous members. This group should take care of my need and desire to participate in service projects.

I then needed to find a group to give me outreach in the political environment (especially since one of my libertarian friends turned liberal the other day). Since my choices were American Constitution Society and the Federalist Society, the choice was obvious. I chose the smaller Federalist Society, mostly because I needed a place to talk to fellow conservative-leaning libertarians and network nationally. Who knows who might one day support my campaign?

I then needed something to help get me involved in the practice of law. IU has three practice programs, and the one I chose is the Inmate Legal Assistance Project (or Program?), in which I will travel to the federal prison in Terre Haute and assist inmates with legal issues. This should help me fill my need for justice while offering basic skills like, I don't know, talking to clients.

Lastly, I needed a place to feel political and contribute to the betterment of the law school. I thus decided to run for 1L representative to the Student Bar Association. The election is next week, but I have felt a great deal of support from my classmates. We have buttons made up, and all-around positive press. Even if I'm not elected, the experience of politicking is making me feel alive. As I've always said: "Life is politics."

So what do you think? Did I get involved enough?