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( 28 Mar 2017 04:54 pm)
i did not have Property class on Thursday, so i got to sleep in until 9:21am.
unfortunately, my sleep schedule was still all muffed up from Spring Break so i didn't actually get to bed until after 3:30am on Wednesday night.
when the alarm went off, i found myself in a bewildered stupor and had to take way longer the usual to figure out what the fuck was going on with my life.
i ate a banana, brushed my teeth, tried unsuccessfully to take a shit, then got dressed and drove ten minutes down the highway to class.

when i walked in the room for Legal Writing II the class all looked up at me at once and gave me a cheerful, enthusiastic “Hello!”
it was disconcerting.
“we weren't just talking about you,” one of them said.
i told her “i don't believe you” and left the room again to let them continue conspiring.
also, to have a pee.
back in class, once the Professor arrived, we talked more about how to write a persuasive trail brief.
about how to use the statement of facts and the arguments to tell a compelling narrative about our clients.
it made sense, for the most part.
towards the end of class our Professor mentioned that sometime the following week the County Court would be coming to school for some reason and, in lieu of class, he wanted us to go watch them in action.
i asked the Professor if that meant it would be a no-gun day.
this year is the first year that people are allowed to concealed-carry handguns in schools [which is, like, twenty percent of the reason i decided to go to school in Texas] but sometimes there are special occasions where you can't come to class armed.
once, last semester when there was a three-star general from the JAG office hanging around.
the Professor said he didn't know if having a county judge on campus was grounds for a no-gun day and i told him it would be good if he found out because i don't want to go to prison.
asking the question outed me as a guy who packs heat, however, and i got a variety of looks from my classmates from approval to concern.
as if these people weren't talking about me enough already.
as we were walking out of the room a guy in cowboy boots who is on the Student Senate asked me, impressed, “you carry?”
“this is Texas, innit?” i replied, and sauntered off.

once again, the PSE did not have any lunch for me come Lunch Time.
i told the PSE that if she keeps this up, the school was going to call and see about neglect.
she told me to go ahead and let them take me away, then.
i went down to the basement and set myself up in the library and spent an hour writing LiveJournals.
in the vestibule outside the library the LexusNexus people had a table set up giving away cookies and mini-cupcakes and Rice Krispie treats.
store-bought, not homemade.
i took one of each and signed a fake name on their mailing list where they send you spam e-mail about how great LexusNexus is.
after an hour i went back upstairs to hang out in the Contracts room and to see if i could find anymore free food scattered throughout the building.
out across from the assembly hall there was a whole spread of chips and different kinds of salsas but that was for some kind of Wills and Trusts Symposium that the Law School was sponsoring as Continuing Legal Education for already-practicing lawyers, and the food was for the adults.
i found a small bit of fruit salad in the lunch room but i couldn't find a plate so i had to load up a paper towel with cantaloupe and apple slices and grapes.

in Contracts we talked about implied terms in contracts.
one of which is implied good faith.
that both parties to a contract will deal fairly and, where discretion is required, will not be arbitrary or capricious.
we talked about a case involving a professional footballer who had a sponsorship deal with some sweatpants manufacturer.
his contract had a morals clause saying that he could be fired for doing anything to enrage public sensibilities which happened when the idiot got on Twitter and started prizing Osama Bin Laden for some reason.
anyways, the sweatpants company called up ESPN and said that they were going to fire the knucklehead, but, the way they phrased their statement, it sounded like they were going to fire him because the didn't like his politics, not because he violated his morals clause.
the Court found that the sweatpants company was not dealing fairly, that they were being arbitrary and capricious in their discretionary authority to fire the idiot, and they upheld the contract.
then we talked about another implied contract term, the implied warranty of fitness for use.
that one says that when two parties are contracting, and one party is an expert in the goods they are contracting for, and the other relies on that party's expertise in selecting a good, the good had better be fit for the specific purpose the purchasing party needed it for.
to illustrate that concept we talked about a case where a guy bought some fertilizer from a fertilizer salesman relying on the guy's representations that it will grow his grass bigger and better and faster but it ended up poisoning his cows instead.
i raised my hand and asked “so, people are allowed to rely on any idiot thing any goober trying to sell them stuff says?” because that doesn't seem right, but apparently it is.
i am here to learn.

after Contracts i went down to visit with my Legal Writing II Professor in his office to talk about what the hell my problem is.
on my last big memo we had to turn in i ended up getting a 69.47.
that memo was worth fifteen percent of my final grade.
the Trial Brief that we're working on now is worth forty percent of my final grade.
if i do as bad on the Trial Brief as i did on that memo, i'm gonna fail out of Legal Writing II and fail out of Law School for real.
the worst part, [perhaps not the worst part, the worst part is the shit grade, but, a really bad part] is the fact that i didn't even see such a shitty grade coming.
i got a B- on my final big memo for Legal Writing I and i got a B- in the class in total.
i am obviously not happy earning B-s, but, i guess if i have to, i can live with them.
i assumed my B- skills would carry over to Legal Writing II but apparently they do not.
i need to figure out what the fuck i am doing wrong and, more importantly, how to do less wrong on my Trial Brief.
i was hoping the Professor would take pity on me and would help hold my hand and nurse me along as i worked on my Trial Brief, but i was not so lucky.
i spent damned-near forty-five minutes with the Professor in his office and all i got for my troubles was a whole lot of vaguery and cutesy shrugs and “i don't know”s.
a lot of the Professor's problem is that he refuses to read what i have so far because it would defeat the anonymous grading that the school takes so seriously.
i suggested, “why don't y'all work it out so that all the Legal Writing Professors swap so i can take my paper to some other Professor and they can help point out what i'm doing wrong.”
he did not think my suggestion worthwhile, though, i think it would really help.
i was really counting on the Professor holding my hand on this, too.
now i'm up a creek having to figure this shit out on my own.
if i don't, i am going to fail out of Law School.
I Am Going To Fail Out Of Law School.

//[ab irato ad astra]

September 2017

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