i woke up at 7:21am last Thursday.
Thursday was going to be a long day.
7:21am is an awful time of day to be awake, still mostly-gray before the sun fully wakes up.
there is a little sun and the rest will be along by the time i get out of the bathroom and get on my way for my commute, but still, there are few more things more depressing then waking up before the sun.
like, motherfucker, why am i working harder then you are!?! you're the sun for fuck's sake!
but, this is the shite hour that they decided to scheduled Law School to start, so, up and at 'um, sucker!

i took the Monster out for a quick pee, sat and ate a Nature Valley bar for breakfast then had a shit and brushed my teeth.
the PSE was awake when i went back to the bedroom to get dressed because the PSE's been on an early schedule lately, but she was just laying in bed because she doesn't have anywhere she needs to be.
i got dressed, gave the PSE a kiss, gave the Monster a kiss, then went off on my short commute to school on the edge of downtown.
the interstate was way more congested at 8:05 then it is at 10:05am, but i arrived to the parking lot easily enough.
like i do every morning i went to my locker and retrieved my Texas A&M School Of Law thermos and filled it up with ice and water for the day.
i have to pee every hour and some classes i get uncomfortable and squirmy because i drink a lot and because i have an old man's bladder, but it is important to stay hydrated, isn't it?

the first class of the day, 8:30am, was Property with the Dean.
i went and took my seat in my regular spot in the room and unpacked my materials.
i got out a notecard with my slave name on it and brought it up to the front of the room.
the Dean's policy for class participation is to turn in a notecard with your name on it if you want to be 'on call' to get called on.
if you didn't do the work or you're hungover or whatever then that's fine, don't turn in a card and you won't get called on, but, if you want to get full class participation points, you have to turn in X amount of cards.
i intend on turning in all my cards because why the fuck wouldn't i?
even though my card was in the stack, i didn't get called on to answer any of the Dean's questions, which is just fine.

the Structure of class is that we do two “Case Files” per class, one in the fifty minutes before the break and the second in the second fifty minutes.
the topic for the first half of Thursday's class was exclusion.
we had a fake client who was an animal activist group who had been barred from leafleting at a mall against a department store that sells cosmetics from a company that makes makeup out of ground-up dogs or some shit.
they want to be allowed back into the mall, so they've contacted our fake law firm.
we looked at several cases that might be relevant;
-one from the state in question, Indiana, i think, here the Supreme Court ruled it was totally fine to exclude some Union picketers from blocking the entrance to a restaurant,
-one about a grocery store that kicked an old man out for comparison-shopping, the Court eventually held that a business open to the public cannot kick a person out unless they have some good reason
-and a case from the Supreme Court of New Jersey that held that malls are the new public square and that, as such, they have an obligation to allow a certain level of open discourse.
the New Jersey Supreme Court is way out front on that issue. apparently the New Jersey Supreme Court is the most activist State court in the country.
good for them!
the Dean asked if any of us were from New Jersey and i raised my fist in a show of solidarity.
the Dean is also from New Jersey, for whatever that is worth.
anyways, the precedents set by previous cases say that it's possible our client can get back into the mall to continue to cause trouble, though, probably not.
this is what our fake-clients are paying us for?

after a break we turned our attentions to the second fake-case of the day about a university that accidentally built a building that overhung their neighbor's property by five feet.
the neighbor was demanding $250,000 or the removal of the building a compensation and our job was to see if the fake university would have to pay.
we looked at several cases that dealt with the precedent that, yeah, your property is your property and anybody who is on it needs to get the fuck off.
a couple lower-courts in Pennsylvania took the de minimis non curat lex approach to say who gives a shit about cases where somebody's property overhangs another's by a few inches, but, those cases likely would be overturned on appeal.
the answer to this problem is, tough titties, University, you're gonna have to compensate your dick of a neighbor for the trouble.
can't win 'um all.

Property is supposed to let out at 10:20am but the Dean always seems to run over by several minutes.
nobody says anything because he is the fucking dean.
when class finallky did end the rest of my classmates left the room to go skulk around the school for several hours doing nothing while i stayed put, moving up a few rows of seats for Legal Writing II.
the rest of my Legal Writing II classmates came in, filled in the seats around me and we spent the next seventy-five minutes talking about how Lexus Nexus and WestLaw work.
i am so bored by all of this.
at the end of class the Professor assigned us a Memo to write due in six days, Wednesday next.
motherfucker, last semester we had, like, three weeks to write a memo, i can't crank one out in six days.
making things even worse, this memo is an 'open universe' problem, which means that we have to do all of the research for case law and applicable statutes on our own, as opposed to being handed a bunch of case names like they did in Legal Writing I.
which is what all this 'How To Use Lexus Nexus And WestLaw” bullshit has been about every class for three classes now, the Professor has been training us on how to do legal research, but none of it really sunk it because it's so fucking dull.
i won't know until the weekend and i find the time to get into all this shit whether i can actually do legal research or if i should just drop out now and stop wasting everybody's time.
right now, i'm leaning towards the latter.
this Memo isn't the only work we've had this semester, our Legal Writing II professor has assigned us all kinds of busy work that apparently he's been taking up for a grade.
this motherfucker just jumps right in.

Legal Writing II got out at 11:45am.
i had an hour and forty-five minutes to kill before my next class, Contracts.
last Thursday the PSE and the Monster came down to spend a lovely afternoon with me walking around downtown but she had a doctor's appointment, a beginging of the year getting-to-know-you check-up, so i was on my own.
which is fine, i had shit to do.
there have been “WARNING: FREE PRINTING WILL BE ENDING SOON” signs posted all around campus for weeks now.
well, i don't want to be the kind of guy to miss out on free and since the texts required for both Contracts and Property are all online and since i'm old and can't [or i don't want to] do my reading online, i wanted to print everything off while i still could.
i already printed out all 614 pages of the Contracts book but i only got about halfway through printing out all of the Case Files we use for Property before i got bored out of my mind and had to leave the computer lab on our first week back in school.
i figured i ought to get back to that and went down to the computer lab in the library in the basement to take advantage of their free printing.
that took the better part of an hour to print out forty-plus Case Files, each one between 10 and 20 pages.
i spent the half hour after that working on one of the Case Files for Property that was due for Friday morning's class, then it was time to go back upstairs for Contracts at 1:30.

i got to my Contracts room maybe fifteen minutes before class was supposed to start.
i stood around in the back of the room watching the crowd like i do and after a few minutes i noticed a few people coming in with sandwiches.
well shit! there are more free sandwiches to be had.
one of my classmates pointed me to the lunch room so i went to investigate and, sure enough, there was a stack of six-inch sandwiches, Jason's Deli, i think, sitting loose in a pile on a platter on one of the tables.
leftovers from some meeting or conference or some shit.
there were maybe four roast beef and eight turkey along with two bags of ruffled chips and different kinds of cookies.
i grabbed a six-inch roast beef, some chips, two choclate chip cookies and one sugar, then went back to class to stuff my face before the Professor came around to begin at 1:30.
it was a good sandwich.

the topic for Thursday's Contracts class was on Offers To Contract.
how do you know when one party is attempting to contract with another because it isn't as simple as presenting them with a piece of paper and having them sign.
we talked about a famous case Leonard v. Pepsico, Inc. where some asshole kid in the nineties tried to sue Pepsi for not letting him buy a fighter jet from their Pepsi catalog.
i remember this case from my childhood, though not very well.
Pepsi ran a commercial advertising Pepsi Points which allowed people to redeem points they get from drinking soda for soda-themed merchandise like t-shirts and sunglasses and whatever else.
the commercial showed several objects with their price in Pepsi Points and, at the end, showed a Harrier Jet, which is a vertical take-off fighter plane, for 7,000,000 Pepsi Points.
but Pepsi also lets you buy Pepsi Points for ten cents on the dollar so some asshole realized that for $700,000, plus $8.50 in Pepsi Points and $10 shipping an handling he could get himself a piece of military technology worth north of $23 Million dollars.
the kid got himself some business partners and an enthusiastic lawyer and sued Pepsi when they refused to deliver on their end of the bargain.
of course, the Federal Judge who received the case dismissed it, she decided that the commercial was clearly humorous, not to be taken seriously and, besides, that advertisements in general are not contracts as much as they are offers to commence negotiating about a contract.
the verdict in this case upset me as a member of the Pepsi Generation.
this asshole kid earned his Harrier Jet fair and square.

we discussed a few other cases in Contracts, but none were as enjoyable as Leonard v. Pepsico, Inc..
at the break around 2:25, i went back to the lunch room and was happy find there was another six-inch roast beef sandwich waiting to be claimed.
the second half of Contracts was uneventful.
when class let out at 3:20 i went back to the cafeteria a third time to see if i could nick another couple of sandwiches, one for the PSE, at least, but by then they were all out.

//[onward ho!]

October 2017

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