we received an e-mail from the Dean's Secretary late Wednesday afternoon that Property class would be canceled for Thursday morning.
which was great and all, i got to sleep in an extra two hours Thursday, but the e-mail didn't come until after i had done half of the homework that was due for the day and, what the fuck!?! i learned all this shit for nothing!?!

in Legal Writing II from 10:30 to 11:45 on Thursday our Professor handed our our assignments for our big end-of-semester project, to write a trial brief.
a trial brief is an entirely different thing from the memos that we've been doing in Legal Writing all this time previous and i don't have the slightest idea how to do them.
i'm hoping the Professor will get around to teaching us sooner rather then later, but so far he doesn't seem like the pedagogical type.
he just kinda tells us to do things and we have to do them and i have no idea if i am doing them correctly because he's also really, really slow at grading.
so, joke's on me.
we spent the second half of class talking about rules of form for Texas legal writing.
because in Texas there is a whole different style guide for how legal work should look and the way to do citations then the Blue Book method we've been learning all this time.
Texas has a Green Book with its own sets of niggling little rules that we are expected to learn now.
after a while, i just zoned out.

after class, on my way down to the Library where i take my lunch, i passed a table the creeps at Lexus Nexus had set up where they were giving away cake and coffee in exchange for some good will and signing up for their solicitous news letter.
i wrote down my Law School e-mail which i already have set up to send Lexus Nexus e-mails straight to the Span folder and i took myself a piece of cake.
it was New Orleans Mardi Gras cake, which is a thing.
one of my Legal Writing classmates found the Baby Jesus in his slice.
i'm not sure what that means except that he narrowly avoided a pretty serious choking hazard.
we're not allowed to have Kinder Eggs but its totally cool for Catholics can go around sticking their creepy god baby into my cake and i just have to hope that i don't choke to death on the good luck it is supposed to bring?
Jesusless cake in hand, i went down to the library and spent an hour and fifteen minutes writing LiveJournal and eating a peanut butter and jelly and banana sandwich the PSE packed for me until it was time for Contracts.

in Contracts from 1:30 to 3:20 on Thursday afternoon we talked about policy-based defenses to get out of contracts.
reasons why, for whatever reason, a Court would decide that while contracting parties had done everything else to bind themselves to a bargain, because of public policy considerations, the deal is off.
obviously this applies in cases where the parties are contracting for something illegal, you can't take your drug dealer to court for ripping you off, but it also applies to situations that are “unconscionable,” where it just galls reason to allow the deal to be upheld.
mostly, Courts have decided that they want to have a say in the public's right to contract when the subject of the bargain touches on public policy.

we went over two cases about different circumstances where the Court ruled on the public policy concerns of a contract.
in one, a ski lodge had a guy sign a liability waiver waiving all rights to anything that might befall him. it turns out, however, that businesses can't just disavow all tort claims because they've made you sign a piece of paper releasing them from liability.
then we talked about a case where a furniture store would lease people a bunch of furniture but rather then letting them pay off each item in monthly installments, they structured all the payments in staggered amounts so that nothing ever got completely paid off until everything was paid off.
then, when the suckers would miss one payment, the furniture store would reposes everything, sometimes thousands of dollars worth of items that they had had for years and would have had paid off were it not for this staggered scheme.
the court threw that one out for being unconscionable.
for the third case of the day the Professor looked down at his roster, hemmed and hawed for several long seconds then called on me to discuss it.
it was the first time all semester i'd been called on to talk about a case.
unlike last semester where our Torts and Criminal Law Professors practiced a note card system where they would call on a name at random, drawn from a stack of note cards, our Property and Contracts are much more lax in how they arrive at their victims.
they both solicit volunteers first and if no volunteers speak up, they'll call on somebody off of the top of their heads.
but, unlike cards which are merciless in their randomness, i have found that i can game the system by speaking up in any given class when i have something to say.
anything, really it doesn't matter what.
that way, when it comes time for the Professors to call on someone they'll think “oh, not TITS, hes already said so much today...” and i get left alone.
but, i had been feeling low-energy on Thursday and hadn't piped up that class so, when it came time for the Professor to get somebody, he landed on me.
i've been much less meticulous in my case briefs this semester because i figured i likely wouldn't be called on like this, but, i did well enough.
i talked about a non-compete contract where a medical clinic required one of their doctors to agree not to practice medicine for three years anywhere within a 256 mile radius.
the courts struck that one down because people need doctors, for fuck's sake.

on Friday we had Property from 8:30 to 10:20.
we had always been on scheduled to have Property three times this week, so, even with the Dean's canceling of Thursday's class, we were not in the hole for the semester total.
still, i was not in the mood to sit and subject myself to nearly two more hours of boring, boring school, especially not after having to wake up at such an ungodly hour.
i'd been ready for the weekend since halfway through Tuesday, so this last class of the week was asking
a lot.
fortunately, we spent the entire class reviewing all the material we've gone over thus far.
what real property is, how you acquire it, how deeds work, how mortgages work, adverse possession, joint interests.
some of the stuff i knew pretty well already, some of the stuff i was pretty fuzzy on, a few things are a compete mystery.
i probably should have paid closer attention to the review for the stuff i don't understand so well, but, goddamn, a lot of this stuff is really, really boring.
the girl who sits next to me spent the entire class clicking through Pinterest on her laptop computer.
which is good news for me as we are graded on a curve and, hopefully that's at least one dummy i'm ahead of.
i mean, of course, this girl could be a super genius and not need the benefit of reviewing Property materials at all, but every morning she comes in to class drinking a 64 ounce plastic cup of Dr. Pepper at 8:30am so, how smart could she be?

//[ab irato ad astra]

September 2017

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