What is the purpose of law? Some think it is there only to try to stop you from doing the really fun things. Some think that it exists to be broken. Some think that it is there to create order. Is it there to exact punishment? Is it there because lawyers and lawmakers are sadistic? It exists, perhaps, to punish “antisocial behavior” — behavior someone, somewhere, thinks is against the interest of society. There are laws that we that we cannot stand and laws that we cannot understand. There are laws in our favor and in our disfavor.
There are various forms of law. Criminal Law. Contract Law. Torts. These are the subjects that law students form a love-hate relationship with (which, in itself, often results in either a crime or a tortious act). These are subjects that law students love because the students are studying law for a reason. These are the subjects that law students hate because they are hard to comprehend, they never end, and (to finish the rhyme) they get stuck in the head.
Criminal law exists to discourage antisocial behavior. These acts are either mala in se – evil in name – or mala prohibitum – bad only because we say so, such as zoning ordinances. There will always be laws that society calls mala in se that we do not agree with, or are iffy about. Take, for instance, assisted suicide. The person wants to die, they go to someone who can help them die, and the person assisting the death is charged with murder. Why? Because. (Which is to say, because we want to dissuade others from helping people commit suicide, which is only a reason because we say it is.)
Contracts is a wonderful reminder how frequently we engage in both formal and informal contracts, or appear to do so, without ever thinking about it. Every purchase you make is some sort of contract. Every deal you have with a company involves a contract or a rejection of a contract.
Unless you know your law when I said “Torts” is a subject you said “huh?”. Tort, the word, is derived from the Latin “twisted,” which gives you some idea of the subject, and, if you are averse to the subject some idea of the study involved. Torts involve twisted, or, more commonly referred to as ‘negligent’ acts. The lady who sued McDonalds because her hot coffee was hot? That was a tort – on the part of McDonalds. McDonalds was found to be negligent for not informing her that a hot liquid was hot.
I do not own a restaurant chain but Torts has nonetheless reminded me of how frequently (and, just as frequently, accidentally) we do something that can result in negligence. Be careful where you swing your golf club or your baseball bat. Be careful not to skip the stone in the water if there’s someone out there. Be careful not to wave your arms about in excitement and hit someone in the face. Although I tend to mind my own actions I am now made more aware of each act (or, in some cases, lack of action) that I do that could result in negligence. While whatever I do would have to be quite unreasonable I am now even more aware of the many things we all do throughout the day that could, even (especially) result in battery, which, in the land of Torts, is “harmful or offensive touching.” If that were to happen, I would be forced to plead the third, which would not be advisable in a courtroom.
From the wonderful xkcd:

There is a certain reality in being a member of The One Percent that those who are outside The One Percent cannot know, but in this case, most definitely should. In politics the creation of an us/them dichotomy is advantageous for whoever can wield more political power in demonizing the ‘other’ group. I’m sure that it’s creation of the same dichotomy in a very different setting is meant to be much more benign. National Residence Hall Honorary (NRHH), an affiliate of NACURH, creates a dichotomy between the “top 1% of student leaders living on [college] campuses” and all those who are not part of The One Percent. I am an alumnus of NRHH (which is to say that I’m part of the 1%), and, by virtue of having once been a chosen member of NRHH, I will always be an alumnus.
I was involved in what is euphemistically called “leadership” at college, and for a lack of better word, “leadership” it was. Who did we lead? That’s a challenging question, because we leaders – most of us at one point became a member of the NRHH 1% – seemed to have no followers. It appeared to me that we mostly led each other, and, being members of The One Percent, were naturally reluctant to be led. Nonetheless, there was actual leadership and inspiration involved, leading people to make tough life choices choice for themselves, and even more difficult decisions about the lives of others.
I had the privilege, which not everyone can afford, to volunteer for four years in the Residential Community at my public university. In the second year I was president of the organization that represents the residential students. I say that there is actual leadership and inspiration involved, and a considerable portion of that is developed by NACURH conferences (the National Association of College and University Residence Halls). The president’s ability to preside ends at conferences, where the National Communications Coordinator (my job for the third and fourth years) represents their school in legislation, energy, and exchange of ideas. There are several hundred schools with residential communities, and Canadian and Australian schools join Americans for a yearly conference. There are eight regions, each with a yearly conference; these regional and national conferences are so full of life and energy that it is necessary to have a third conference — appropriately called no-frills, since there is no school spirit involved — which is dedicated to legislation and decisions.
Among the many challenges we face in life, few are as difficult as making decisions about other people’s future. For at least six of the ten conferences I attended I was in charge of deciding which applications to accept, and which to reject. Most of the applicants were freshmen or otherwise new to me, and I’d met them each briefly as they attended a meeting or two to hear about the excitement of conferences and as they handed me their application. I didn’t know them, and my job was to judge their future based on an application. Many of those who attended a conference (or, consequently, many conferences) went into the field of Residential Life, while many of those who had applied with as much enthusiasm never again committed themselves to “leadership” with the same energy they might have had. There are responsibilities The One Percent must shoulder that are not pleasant.
To say that being a leader at, and attending, a conference is exciting and fun is a vast understatement. It is a gathering of the 1% (and those who might make it into the 1%) and there is a joie de vivre that is unrivaled in any other experience. In politics and sports there may but a great energy, but the opposition has the same energy rooting for the opposite outcome. Not so in a gathering of the 1% of leaders. There are always petty squabbles, disagreements, and personality differences, but there is an energy that descends when more than two thousand (or, even at the regional level with a mere several hundred) very energetic young people gather with a purpose of showing, rather than hiding, their energy. A conference of this sort is one of the few times I looked around and was interested in meeting every person — all two thousand of them — at the conference. I regret to say I failed.
Besides the short-term excitement of the conferences there is a long-term benefit for people who attend. As I’ve mentioned, it has an influence on the career choices of more than a few people. These leaders, these people who are mostly in The One Percent of their respective communities, will also be your future teachers, bankers, academics, lawyers, and general leaders of society. What the conference teaches, implicitly and explicitly, is more than an fun-filled, spirited, weekend. I would hesitate to comment on the political make-up of the two thousand or so attendants, except to say that they represent every part of the country and every view to be expected. But those who attend are more socially liberal than the rest of the country. These are twenty-year olds from academic communities, meeting with a diverse group of people. There is at least one likelihood: the people who attend the conferences, and who can say they are part of NRHH’s 1%, have the time – and, more importantly, the money or economic support – to be able to attend. These are students who can volunteer their way through college. The conferences show respect for diversity, an appreciation for ideas from all parts of the country, and a dedication to social justice that would do the rest of the country well to emulate.
A happy third anniversary to this blog! Thanks for reading and commenting.
In celebration, a poem by A.A. Milne about a three year old:
James James
Morrison Morrison
Weatherby George Dupree
Took great
Care of his Mother
Though he was only three.
James James
Said to his Mother,
“Mother,” he said, said he;
“You must never go down to the end of the town, if
you don’t go down with me.”James James
Morrison’s Mother
Put on a golden gown,
James James
Morrison’s Mother
Drove to the end of the town.
James James
Morrison’s Mother
Said to herself, said she:
“I can get right down to the end of the town and be
back in time for tea.”King John
Put up a notice,
“LOST or STOLEN or STRAYED!
JAMES JAMES
MORRISON’S MOTHER
SEEMS TO HABE BEEN MISLAID.
LAST SEEN
WANDERING VAGUELY
QUITE OF HER OWN ACCORD,
SHE TRIED TO GET DOWN TO THE END OF
THE TOWN – FORTY SHILLINGS REWARD!James James
Morrison Morrison
(Commonly known as Jim)
Told his
Other relations
Not to go blaming him.
James James
Said to his Mother,
“Mother,” he said, said he,
“You must never go down to the end of the town with-
out consulting me.”James James
Morrison’s Mother
Hasn’t been heard of since.
King John
Said he was sorry,
So did the Queen and Prince.
King John
(Somebody told me)
Said to a man he knew:
“If people go down to the end of the town, well, what
can anyone do?”(Now then, very softly)
J. J.
M. M.
W. G. du P.
Took great
C/o his M*****
Though he was only 3.
J. J.
Said to his Mother
“Mother,” he said, said he:
“You-must-never-go-down-to-the-end-of-the-town-if-
you-don’t-go-down-with ME!”
Two states passed laws allowing the possession of marijuana last month. The Federal government, though, is happy to remind you that use of marijuana is illegal under federal law. Or maybe the Federal government is just bluffing? After all, “[t]he article goes on to explore some potentially extreme options with no indication that these specific options are being considered. This appears to be a blatant political trial balloon using the New York Times to see what kinds of reactions there are and what political fallout might come from action… or inaction.”
Besides the inherent political fun of running trial articles to get a public reaction, what realities might encourage or prevent the government from “action… or inaction”? Well, marijuana is a Schedule I controlled substance under the Controlled Substance Act. This means that
A. The drug has a high potential for abuse.
B. The drug has no currently accepted medical use in treatment in the United States
C. There is a lack of accepted safety for use of the drug under medical supervision.
Laughable as that is, since eighteen states and the District of Columbia now allow it for medical use, that’s still the legal classification for marijuana. But wait, we have a president.
[Obama’s] own life and career prove that this substance is no more potentially damaging to a human being than alcohol, which is not only legal but marketed to us with abandon. The future coalition he has built – especially its Millennial base – will splinter. Maybe even some libertarian Republicans will seize the issue and champion federalism consistently for a change.
But the main reason the president should instruct the Justice Department that this is not an area for discretionary prosecution is that choosing to focus on pot-prohibition in states that have legalized it defies reason. One of my core arguments for Obama has long been his adoption of what I consider pretty reasonable, if always debatable, policies. He is not an extremist, proposing laws and regulations that are designed to make a cultural point or wage a cultural war; he’s a pragmatist, trying to fix existing problems.
I’m not a big fan of marijuana – or pot (or weed) – and I’m always wishy-washy on federalism — on whether the government or the states should have the final word — on many issues. But I don’t see why this is a priority of the federal government.
Well, we all know that President Bashar al Assad of Syria has his choice of weapons. He is engaged in a great civil war, testing whether his nation, or any nation so conceived, can be controlled by brute force. So far he has limited his arsenal to ‘conventional weapons’ like guns, tanks, airplanes and missiles for use against his own people.
But a couple of weeks ago he ordered (or there otherwise transpired) an internet blackout. Given how tightly – dare I use the word efficiently – he has controlled Syria as a dictator over the last twelve years, and his father for twenty-nine years before that, might I say the blackout was intentional?
There was some speculation in the media that something spectacular, and likely very bloody, was about to happen in Syria. Why else, after all, suddenly create a media blackout after almost two years of civil war, in which opposition fighters have shared images of continuous strife and destruction? Something must be afoot. It quickly became clear to the international media, even during a blackout, that the Syrian military has chemical weapons (specifically sarin gas) and the military is just waiting for orders to use it.
Now, if that seems dumb to you, you’re not alone. In a Chomskyesque statement, Michael Crowley points out that “[u]nless he runs out of conventional weapons, Assad would be foolish to incite America by tapping his chemical arsenal. He’s spent most of the past two years inflicting blood-curdling suffering on his people. There’s little reason to think we’ll try to interfere–so long as his sadism is the conventional kind, the kind we apparently can tolerate.” There are more statements here.
You may have noticed that we’re at war. We have been for a decade. We’ve been at war – undeclared, but very real war – with more than one country during most of that time. At some point, I guessed that we were in five unofficial wars at once – Iraq, Afghanistan, Pakistan, Yemen and another (perhaps Libya). We’ve also certainly gotten involved in other internal conflicts (see Libya) in recent history. In fairness, though, we ‘involved’ ourselves in Libya, but maintained no lasting occupation. However, although we’ve been at war for longer than any another conflict in United States history, we’ve made no effort to become involved in Syria. So long as Assad uses ‘conventional weapons’ it seems likely to stay that way.
Just a reminder, as we head into the month that is less sacred than the High Holy Day, about what God might be. In a New York Times article (and, if you’ve reached your NYT limit you can find the same article summarized here), we are correctly reminded that even Moses can’t get God’s face. “At another point, God responds to Moses’ request to know his name (that is, his nature) by telling him ‘ehi’eh asher ehi’eh’ — ‘I will be what I will be.'” Future tense.
Most English-language Bibles translate this as “‘I am that I am,’ following the Septuagint, which sought to bring the biblical text into line with the Greek tradition (descended from Xenophanes, Parmenides and Plato’s “Timaeus”) of identifying God with perfect being.” And while the Greek tradition of almost everything – art, drama, democracy, religion – has been hammered into us since elementary school, that doesn’t make everything we’ve been taught true.
Hebrew says the opposite of what the later, Greek, translations said about God. “The Hebrew ‘I will be what I will be’ is in the imperfect tense, suggesting to us a God who is incomplete and changing.” God, the Jewish, Hebraic, way, is supposed to change, and is supposed to become more and less ‘perfect’ as we become more and less perfect.
Happy Holidays.
Considered filming a cop recently? Now you can, at least implicitly. “On Monday, the U.S. Supreme Court declined to review a decision by the 7th U.S. Circuit Court of Appeals blocking the enforcement of an Illinois eavesdropping law.” The law had made it a felony to record a person without their consent, punishable by up to fifteen years in prison. “The 7th Circuit Court found a specific First Amendment right to record police officers;” it’s the second federal appeals court to strike down a conviction for recording police.
Last year’s decision found that “Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting ‘the free discussion of governmental affairs.'”
The First and 7th circuit decisions mean that it is now technically legal to record on-duty police officers in every state in the country. However, people are still being arrested for it. Police have wide discretion in enforcing laws, and it takes months or years to litigate issues.
“Journalist Carlos Miller, who has been arrested multiple times for recording police, documents such cases on a daily basis. He has also documented countless cases in which police officers have deleted incriminating video from cell phones — a crime in and of itself.”
I have had the urge to film police, or TSA (which a different legal issue), at times. While it is currently legal, be careful about your decisions.
Well, thanksgiving has come and gone (happy thanksgiving!) and I have been unusually quiet on this blog.
Among various other reasons such as writers block, last month I got up and realized I was getting nowhere in life. So, went to the local law school and asked to speak to an admissions officer. I’d applied to some other local schools before, but didn’t feel inspired to stay around and pursue a degree even though I got in.
But this time, I felt inspired and ready, and I was admitted to law school.
Usually, of course, schools start in August or September and end sometime around May. But here at Empire College of Law school starts five times a year with intro classes before the first semester. So I’m taking a rushed five-week session of Intro to Law, and Legal Research and Writing.
Our world so often revolves around facebook and other social networking (and/or time-wasting) sites, and people so often write every little thing that they are doing that they may or may not succeed at, that I resolved not to make a public service announcement about law school on facebook. If writing here, which will import to facebook, breaks that resolution, oh well.
Additionally, people who read my blog (I suppose there are a few of you out there), who have heard through personal messages (rather than mass messages) that I am in law school, have requested some sort of law blog.
Without further ado, then, I will try to comment on some news that we can all find that has legal pertinence, and maintain a law blog here, in addition to some other blogging.
President Obama has had some choice words recently to describe Paul Ryan, the vice-presidential running-mate of shape-shifting Mitt Romney. There is no doubt that Paul Ryan’s career and life have been influenced by Ayn Rand, current posthumous darling of the Tea Party Radicals; he’ll tell you so himself. So, about Ryan’s choice of influences, Obama said
Ayn Rand is one of those things that a lot of us, when we were 17 or 18 and feeling misunderstood, we’d pick up. Then, as we get older, we realize that a world in which we’re only thinking about ourselves and not thinking about anybody else, in which we’re considering the entire project of developing ourselves as more important than our relationships to other people and making sure that everybody else has opportunity – that that’s a pretty narrow vision. It’s not one that, I think, describes what’s best in America. Unfortunately, it does seem as if sometimes that vision of a “you’re on your own” society has consumed a big chunk of the Republican Party.
The exact question President Obama was asked was “What do you think Paul Ryan’s obsession with her work would mean if he were vice president?” Obama implies a couple of things: (1) That Paul Ryan has not grown up, and (2) That we pick up Ayn Rand because we feel misunderstood. If growing up is what Obama describes it as (“we realize that a world in which we’re only thinking about ourselves and not thinking about anybody else [is a world in which we are getting older but not growing up]), in which we’re considering the entire project of developing ourselves as more important than our relationships to other people and making sure that everybody else has opportunity”) is correct, then Paul Ryan has not grown up, by his own happy admissions.
But do we pick up Ayn Rand necessarily because we feel misunderstood? Well, personally, having read Atlas Shrugged, I have to say that’s not true. Of course, being 17 or 18, as the president mentions, or being in that general age range, feeling misunderstood might be a natural feeling for people; picking up Ayn Rand is not necessarily a consequence of those feelings. No, I picked up Atlas Shrugged because it is a rightly considered a classic fictional – fiction! – novel.
Atlas Shrugged is a great read, and provides some insight into an America I don’t think much about (mid-20th Century manufacturing in America). There’s arguable one long chapter toward the end that could be considered political doctrine; the rest is pure novel.
Crime and Punishment is a great read too, though. So is the whole A Song of Ice and Fire series (also known as Game of Thrones). I wouldn’t use either of those to create a serious political doctrine.
The fact that Paul Ryan is running for office – for Vice-Presidency! (and to succeed the president should disaster ever happen) – happily citing a work of fiction that proclaims selfishness as virtuous to be his greatest influence is a sad state of affairs.