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July 4, 2004

Solum on Justice(s)

Lawrence Solum comments on our current justices, the rule of law, and whether we should have 19 of them. Well worth a read:

The core of my point is simple: a results-oriented, closely-divided court poses grave dangers for the rule of law--dangers that are greater than those posed by a either results orientation or close division alone.

My thoughts on the matter? Future Con Law students will hate anyone who raises the number of justices they have to memorize by that amount.

May 10, 2004

Pre-Perspective Jitters

It is slightly more than 12 hours until I will have to start my Perspectives exam, and I'm full of jitters. I simply don't know enough of this stuff to make it through. What I do know about Perspectives is that the following would be great band names:
Robin West and the Fetal Invasion
Lesbian Ruler (not what you think)

DOOM!

UPDATE: One of my classmates points out that Naked Power Organ is also a particularly good band name.

May 9, 2004

Exam Status Update

Two down, two to go. Crim Law exam was a disaster, since I woke up at 9:30 for a 10:00 AM exam. Notably, the coffee didn't kick in until 10:45, so I basically took a three hour exam in four hours. Still, it wasn't too horrible.

I'm having a hard time motivating myself for the last two. After the sheer horror (which descended into farce) of the Con Law preparations, I just can't bring myself to the same level of anxiety. As always in times of self doubt, I think I should turn to science.

(Really, click the link. You won't be disappointed.)

April 17, 2004

Perspectives and Reg State Help

I've said it before, but it's worth repeating: if you're a Columbia 1L looking for a good overview of Perspectives and Reg. State terminology, you could do far worse than Lawrence Solum's Legal Theory Lexicon. Besides covering the basics, like what positive and normative mean, in the past few weeks he's covered an awful lot of territory that is useful review as exam season approaches. For instance, he's given good summaries of the following terms for Perspectives:


And for Foundations of the Regulatory State, the following might be helpful as an overview:

Of course, now I've shared, and thus eliminated some slight advantage on the curve. What the heck, I still think law school's all about sharing. Of course, it's just one author's ideas, and not a replacement for the vast amount of reading we've done this term, but for a one-site brushup, you could do worse.

April 6, 2004

Prof. Perspectives Meets Monty Python

Long ago, in my high school days, I was faced with an exam question on philosophers of the Enlightenment. Since I had a bit of time at the end of the exam, I used a quick mnemonic tool to make certain I'd covered all my bases. That tool was Monty Python's "Philosophers Song."

Now that we're reaching the end of our Perspectives in Legal Theory class, it's surprising just how useful the song might be again. Authors we've studied in bold, authors who've been mentioned in lectures or reading in italics:

Immanuel Kant was a real pissant
Who was very rarely stable.
Heidegger, Heidegger was a boozy beggar
Who could think you under the table.
David Hume could out-consume
Schopenhauer and Hegel,
And Wittgenstein was a beery swine
Who was just as schloshed as Schlegel.
There's nothing Nietzsche couldn't teach ya
'Bout the raising of the wrist,
Socrates himself was permanently pissed...
John Stuart Mill, of his own free will,
On half a pint of shandy was particularly ill.
Plato, they say, could stick it away
Half a crate of whiskey every day.
Aristotle, Aristotle was a bugger for the bottle,
Hobbes was fond of his dram,
And Rene Descartes was a drunken fart:
"I drink, therefore I am"
Yes, Socrates, himself, is particularly missed;
A lovely little thinker but a bugger when he's pissed!

So it seems we're more of a 'second verse' class this time...

March 8, 2004

Solum, Again...

If you're in my Perspectives class, it's worth looking at Prof. Solum's Legal Theory Lexicon entry on Rules, Standards, and Principles.

As far behind as I am, every little bit can't hurt.

January 12, 2004

So how does one get to Formalism?

Speaking of Prof. Solum, he's got his latest in a line of articles on formalism, Getting to Formalism. More a practical argument for how to move the judiciary towards formalist interpretation, he pushes for horizontal stare decisis in the Supreme Court. Unsure how I stand on that personally, but it's well worth a read.

For those new readers who didn't see my last post on its usefulness, by the way, I'd like to direct you to The Legal Theory Lexicon, also by Solum and of more immediate use to 1Ls. His last two topics, The Rule of Law and Positive and Normative Legal Theory featured or at least appeared in today's Perspectives class, so it's a helpful read.

Giving The Devil His Due

Exam Status Update (1)
Martin wrote: Hey, that kicks arse!... [more]

Prof. Perspectives Meets Monty Python (1)
Lyndsey wrote: I love this! While I've never quite... [more]

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A Clockwork Orange

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