Sunday, October 7, 2007
Wow
The last few weeks have flown by. I am really enjoying myself despite the work. I cannot say that one class is any harder than any other class. They all have their own challenges.
In other news, our 1L flag football team has yet to win a game. Last week, however, we scored two touchdowns, tripling our season total. There's something to be proud of.
Ago gratias vobis.
-LCC
Wednesday, August 29, 2007
Week 2
It is the middle of week two. So far so good. I am not getting to this blog as often as I hoped but, perhaps, I am here as often as I anticipated. Civil Procedures is probably my toughest class. I am not yet certain what my professor is working towards. Property and Contracts are both a lot of work, but I really enjoy the classes and am having a good time working through the cases. Torts, though, is likely my favorite. The teacher moves at a good pace and the material is enjoyable.
I think I'm going to like it here.
-LCC
Tuesday, August 21, 2007
School
I am in day two of classes. We had a two-day orientation last week. I feel like my legal methods class has met 4 times already.
I am going back at 4:00 for yet another legal methods class.
Is it too early to feel burned out?
-LCC
Wednesday, August 8, 2007
Maxed Out
I watched the documentary "Maxed Out" last night. I am a big fan of the creditslips.org blog, and Professor Elizabeth Warren of HLS, a regular contributor to that site, is given a lot of camera time by the filmmaker.
I am not sure that the reasons for today's credit problems are as simple as the film might have one believe (i.e. greedy bankers and evil politicians) and I do feel sorry for the sad state of the many "victims" featured but I also understand that it is not a crime to take advantage of the uneducated, as cruel as that may sound. A vast majority of the people in this country are completely unaware of the consequences of credit card debt. They want more than they can afford and they seem willing to live paycheck-to-paycheck until the day they die. Everyone interviewed talked about the difficulty they have paying bills and then would list the car note, the house note, the credit card debt, and the cell phone bill.
One of the people interviewed was going on and on about all of his problems while sitting in front of his computer in what appeared to be a large house in the suburbs. None of them seemed to understand the connection between all of the things they had and their sad state. It is tough to get by without a car. I sold cars for a while and understand the position some folks are need. That said, I also saw a lot of people buying cars WAY out of their price range. They would take on $500 a month car notes on $35,000 a year salaries. Oh and that's for 72 months. Cell phones are not a necessity. Cable TV is not a necessity. Living in a big house in the suburbs is not a necessity.
I find it hard to feel bad for people who would rather spend their money than save it. On the other hand, the banks are not making life easier for the average American. I must get a new offer for a loan or a credit card every single day. Some of them want to give me well over a hundred thousand dollars. For someone that is broke, I imagine this sort of offer is very tempting. I also know why I get these mailers. I have average credit and live in a poor, black neighborhood in the South. Seriously, I live in what most would describe as "The Ghetto." Most homes on my block go for under $100K. I mention that it is a predominantly black neighborhood because I feel it is important to draw attention to a certain aspect of "Maxed Out" that I felt was not given enough time. Slavery ended 150 years ago. The blacks were freed, but had absolutely nothing to begin life with. Most turned to sharecropping, which, for all intents and purposes, made them debtors right out of the starting blocks.
Martin Luther King, Jr. used to discuss the myth of the bootstraps. "How," he would ask, "can we expect them to lift themselves up by their bootstraps, if they haven't got any boots?"
Being black and being poor go hand-in-hand in this country. It is one of our nation's greatest blemishes. Obviously there are exceptions to the rule, but whether we admit it or not, the effects of slavery and sharecropping are still taking their toll on the nation's black population. We have created a culture of debtors who have no intentions of ever paying off their debts. Why would they? Reparations will come when the economy collapses and banks are forced to forgive their debts. We are already seeing the warning signs as hedge funds built on sub-prime loans fall every few weeks.
Is that too doom and gloom for you? Sorry. The banks are shooting themselves in the foot by relying on the lower-middle class for all of their profits. The bankruptcy law passed recently is the most obvious example. We are treating the symptoms without treating the disease. I am, first and foremost, a capitalist and have great faith that the market will fix itself. That said, I fear what will happen in this country as it does. There is a great and destructive recession looming. The bottom is about to fall out.
Good luck.
-LCC
Monday, August 6, 2007
Bonds
I am posting this link in its entirety.
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1003621797
Basically, the author posits that Bonds' arm guard gives him a heretofore undisclosed mechanical advantage. Not only does the guard protect his arm, it also acts in such a way as to make his swing more powerful and more consistent. Is this more damning than the alleged steroids abuse? I would say yes.
-LCC
Schedule
I now know all I need to know for now.
I am in the section I hoped to be in and have the schedule I hoped I would have. It is surely no accident that the number of classes per day decreases throughout the course of the week. I have four classes on Monday, two on Tuesday, three on Wednesday and Thursday, and then one on Friday.
I can't imagine that law professors want to work on Fridays, so it makes sense that the schedule would be set up that way.
This might have been the most boring blog post in the history of blog posts. I will try to think of something more exciting soon. Maybe something on Tax Law.
-LCC
Wednesday, August 1, 2007
Advice
I've been getting lots of good advice lately (I assume it's good anyway) and want to thank everyone who's been offering support.
Here is a list of some of the books I'm reading right now:
The Magic Mirror - Kermit L. Hall
"This book is about the history of American legal culture and the law in action." That is the first sentence of the Preface to The Magic Mirror. So far it is quite accurate. I am not reading this in a traditional manner; rather, I am skimming through it and reading chapters that look interesting. Lots of great stuff here. I highly recommend it.
The Glannon Guide to Civil Procedure - Joseph W. Glannon
This is by the guy who did the E&E for CivPro. So many people have recommended that I buy a book on CivPro that I made it a priority to do so. What sets this book apart is that Prof. Glannon teaches by testing. Every other page has a multiple choice question with a full explanation of each choice and reasons why the right answer is right. I am learning a lot. Let us see how I do when I am tested for real (I hate "for real" but use it anyway. Why?).
The Blessing of Liberty: A Concise History of the Constitution of the United States - Michael L. Benedict
This is the book I keep by the toilet. It is pretty easy to read and has small informative sections. My father gave me an advance copy he had as part of his "Pre-Law for People who were not Pre-Law" packet. Right now I am learning about how common law in England laid the foundation for common law in the Colonies.
In Search of Belief - Joan Chittister
The author of this book is a friend of my mother-in-law. She takes every line of the Apostle's Creed and writes a chapter about it. I read bits of it at the start of the day. It helps to put me in a contemplative mood.
The Deathly Hallows - J.K. Rowling
I actually finished this one last weekend. I like how everything tied together. The most important thing I learned: The wand chooses the wizard. Words to live by, my friends. Words to live by.
I hate the phrase "Words to live by." It should be "Words by which to live," shouldn't it?
-LCC
Tuesday, July 31, 2007
Schedule
I'm acting like it doesn't bother me, but it does. I really want to know what section I'm in and the school has not yet posted it. The plan had been to have my books by now, but without knowing which section I am to be in, I cannot buy them. At least everyone else is in the same boat.
I'll let you know when I know.
-LCC
Tuesday, July 24, 2007
Racism in Public Schools (again)
Interesting article concerning the Race in Schools case.
http://seattletimes.nwsource.com/html/opinion/2003802696_johnmiller24.html
I was unaware of many of these details. This makes me even more certain that the SC ruled correctly in this case.
-LCC
Whole lotta Nothin'
It's been way too long since my last post. Here's an update on my life:
I start law school in 23 days.
I am reading far too many books (and yet reading none of them).
I Now Pronounce You Chuck and Larry did not suck.
The Soul of Baseball has a fantastic post up right now. It is similar to a conversation I had with my mother recently. He basically says that it is so easy to become lost in one's own world these days that one never has to encounter a viewpoint different from one's own. He is absolutely right.
I find that I have to make a point to visit websites with which I disagree. I find myself bored sometimes with websurfing. Can you imagine being bored with the internet? Everything in the world is at my fingertips, and I sometimes get bored with it. Unbelievable.
I need a vacation. I plan on going to South Carolina in a few weeks to see my grandparents. I will try to make a vacation out of that.
What a pointless blog. Sorry.
-LCC
Thursday, July 12, 2007
The Wire
This is from the Commercial Appeal today: Dozens arrested in major raid.
Having taught in this neighborhood a few years ago, I was not at all surprised by this. I was also very proud of the Memphis Police for this raid. Drugs and gangs rule this area of town. The gang graffiti is omnipresent, and I got pretty good at reading it.
In a related story, I just finished watching season 3 of the oft-blogged-about show on HBO, "The Wire." If you haven't seen it, it offers a fairly realistic picture of the Baltimore crime scene. On the surface it is a typical cop drama in the mold of NYPD Blue and The Shield (two of my favorites), but because it is on HBO, it is allowed to be far more realistic.
At the end of the season 3, the viewer is left with the feeling that no matter how much changes, everything stays the same--like the Bon Jovi song. The big boss is taken down, but the new boss comes in to take his place without struggle.
Anyway, drugs are bad. I really need to develop my ideas on this.
-LCC
Friday, July 6, 2007
I used to like Michael Moore's tv show, then he started making propaganda films and winning awards normally reserved for documentaries. I have never understood what in the world he was documenting. Spinal Tap was more deserving of an Oscar for best documentary than Bowling for Columbine. Here is a commentary on his most recent work, from the NY Daily Times.
-LCC
http://www.nydailynews.com/opinions/2007/07/06/2007-07-06_more_lies_from_moore.html
Friday, June 29, 2007
SCOTUS ruling on Schools
I completely agree with Court on this one. Thomas' concurrence was spot on. This is important:
The dissent asserts that racially balanced schools improve educational outcomesIsn't this what it is all about? Arranging the schools in such a way as to achieve a maximum of educational opportunities ought to be the goal of any district. However, if the school to which a student is assigned is inconvenient or undesirable, that student is going to struggle regardless of the apparent diversity. This was the genesis of the Brown case. A student was forced to go to a school that was inconvenient because of the color of her skin. Brown said that was unconstitutional. A student in Seattle has a particular school he or she would like to attend but because of his or her skin color cannot. How is this any different?
for black children. In support, the dissent unquestioningly cites certain social
science research to support propositions that are hotly disputed among social
scientists. In reality, it is far from apparent that coerced racial mixing has
any educational benefits, much less that integration is necessary to black
achievement.
Forced segregation is obviously an evil, but forced integration can be equally harmful, especially if it falls under "racial balancing." A preponderance of one skin type can occur coincidentally due to demographics. Schools like Treadwell for instance could not possibly be balanced without inconveniencing huge segments of the population.
True diversity will never exist in populous areas. Only in small towns where only one or two schools exist will diversity be found. Batesville was a very diverse setting because every kid in town went to that one high school. In places like Memphis, rich kids (white or black) in urban areas will go to private schools and poor kids (white or black) will go to the public schools that correspond with their neighborhoods.
I have read where Roberts was scoffed at for his comment regarding racial discrimination, but he is absolutely right. A free society is inherently just but not necessarily fair. Racial imbalance is an example of a naturally occurring phenomenon that stems from free individuals choosing to live and work and learn alongside people with similar physical and cultural features. Many people seeking to force diversity on various aspects of our society seem to find it convenient to organize people based on outward physical appearance. Regardless of how one feels about forced diversity (I am quite against it), melanin count would seem to have about as much relevance as height.
We will never overcome racism as long as society continues to consider skin color as a personality-defining trait. Allowing a governing body to make decisions based on skin color is unconstitutional, regardless of motive. I see very little room for exception.
-LCC
Thursday, June 28, 2007
James Loney
I got the chance to watch a Las Vegas 51's game with my father right before Loney and Kemp were called up to the Dodgers. It was a real treat. Both of these guys have real star potential and ought to be in the big leagues for years to come. Loney is currently batting .500 and has a Slugging Percentage over .900. He is being discussed quite a bit over at dodgerthoughts.com, you know, when they are not ripping on Juan Pierre.
Too often, powerful first basemen show flashes of brilliance before fizzling out. Who was that Chris guy with the Tigers last year? I hope this isn't the case with Loney. The Dodgers need to have heroes.
-LCC
Wednesday, June 27, 2007
Art of Rhetoric
It has been a while since I have read any Aristotle. Recently, I picked up his work Art of Rhetoric and found it to be a far more useful piece than I had assumed. That is, of course, why one ought not to assume.
Anyway, the advice I have found most compelling concerns the relationship between litigant and dicast. The dicast was a sort of judge and jury roled into one. The litigant ought to bring forward (I like the term "marshall") to the dicast all of the facts of the case in as objective a manner as possible because "it is not the business of litigants to instruct him."
There is a term used regularly in Book I, "enthymeme," that I am having some difficulty understanding. I know it is a form of syllogism but am lost from there. As best as I can tell, it is a syllogism wherein either the major or minor premise is of a speculative nature.
I am probably wrong.
-LCC
Wednesday, June 20, 2007
Good article
I liked this and thought it ought to be advertised. Enjoy.
-LCC
P.S. I know that I am being really lazy these days. Sorry.
Monday, June 11, 2007
The Fantastic Mr. Fox
I was browsing the imdb.com site this morning to see what I could see regarding Wes Anderson's new movie "The Darjeerling Express" and happened to see that he is also working on a stop-motion "Fantastic Mr. Fox" movie. This is truly exciting. A great many of Mr. Dahl's books have been made into movies lately (Matilda, James and the Giant Peach, Witches, Charlie and the Chocolate Factory) but none have excited me as much as this one. The Fantastic Mr. Fox book ranks right up there with Danny the Champion of the World in my esteem and is a story that I will happily sit in a theater crowded with nine-year-olds to enjoy.
I enjoy duck hunting (I hesitate to dub myself "avid") and have hunted one type of animal or another for most of my life. I have no qualms with hunting animals that are born prey. Humans are as much a part of the eco-cycle as any other animal and need to understand that as we expand into suburban and rural areas, it is our duty to fill in for the predators we have driven out. The movie Bambi upsets me because it is little more than anti-hunting propaganda. How is it then that Mr. Fox is one of my favorites?
Stories like The Fox and the Hound and The Fantastic Mr. Fox are seen as anti-hunting stories and in many ways they are. The significant difference between these stories and stories like Bambi is the nature of the creature being hunted. I am one of the few people I know (Do I really know myself?) to discriminate between hunting for prey specifically and hunting in general. In many ways, I think humans relate more to predators than we do prey. There is more humanity present in a wolf or a bear for instance than in a duck or a deer. Understandably, the softer hearts among us would agree to killing an attacking bear before killing a mallard on the wing, but this is faulty logic.
I try very hard to be an environmentalist. It is difficult in this day and age to have a positive impact on the natural world. Recycling is not as convenient as it should be, I rely on ozone-depleting air-conditioning for comfort and I am not in a position to walk to work or to afford a hybrid vehicle. That said, I do what I can. I use as little water as I have to, I replace my old bulbs with CFLs and act as a predator in the place of the predators other humans have driven from their habitats by moving to newly-built homes in the suburbs rather than buying perfectly good old homes in the city.
Prey need to be killed; predators need to be protected. Predators in the wild steer clear from one another or, if they interact, know their roles and respect each other. Hunting for bears and foxes is as environmentally irresponsible as not hunting for squirrels and deer. While I hope that the children reading Fantastic Mr. Fox understand this, I fear that they will not. Ducks Unlimited and groups of its nature do what they can to educate children about the virtues of hunting, but most children have already been indoctrinated by sappy, thoughtless movies like Bambi and Open Season and will not give hunting advocates a chance to get their message across.
Here is my point: The Fantastic Mr. Fox is a wonderful book because it exhalts the humanity present in predators like the fox. Humans who understand that we are predators are generally far better stewards of the earth than those who think we are prey.
-LCC
Friday, June 8, 2007
Book list
I've never been very good at reading one book at a time. I usually have 4-5 scattered around my house and office so that I will always have something on hand. These are the books I'm working on right now and the places I am keeping them:
Bathroom:
Planet Law School - Atticus Falcon
Not a bad "pre-law school" book, it tends to be a little too cynical at times for my taste. The author, clearly using a pseudonym, did not seem to enjoy law school very much and has a lot of problems with the system. He does offer good tips on supplemental materials though.
Sitting Room:
East of Eden - John Steinbeck
I sit by a window at the front of my house and smoke my pipe (yes, I'm that kind of asshole) and read. Steinbeck is my second favorite author after Roald Dahl, but East is quickly becoming my favorite book. He is not a subtle writer, but no one can match his ability to infuse life into his setting. The land is a character in every story he writes and nowhere is its presence not felt. I love it.
Ancestral Passions - Virginia Morrell
This is a biography of the Leakey family. I have always enjoy paleo-anthropology, and while this book touches on some of the scientific aspects of their lives, it spends more time dealing with the joys and pains associated with personalities that discovery requires. Let me rephrase that, it takes a certain type of person to be a great trailblazer--Louis Leakey was that type of person. His personal life suffered dearly for the sake of his professional life, but today we reap the benefits of his work. Truly great men rarely lead happy lives because so much sacrifice is required for greatness. Aristotle argues that temperance is the virtue most required for the good life. I agree with this. I also am a fan of Hegel's theory about history being moved by the lives of great men and I cannot envision greatness and temperance going hand-in-hand.
Office:
The Glannon Guide to Civil Procedure - John Glannon
CivPro is often considered the most cryptic 1L subject. Per the advice of many, I decided to get a book on CivPro so that when I get to school I will at least understand the vocabulary if not the grammar. This is the book I chose to read after carefully considering my options. I got it used for under $15 and so far am enjoying it. Glannon is a great writer and thoughtful instructor, and I am enjoying this as much as I expect to enjoy any legal textbook.
Alexander Hamilton - Ron Chernow
By far my favorite founding father, Alexander Hamilton is an example that seconds my earlier point regarding great men. While his wife and family brought him great joy, he still had to have been pretty miserable when he was alone with his thoughts. That is probably why he wrote so darn much. General Hamilton was the quintessential workaholic (By the way, I hate this word. It ought to be "workic" insofar as one is taking the word "alcoholic" and replacing the word "alcohol" with the word "work". I understand that it loses a good deal of its charm and that the dumb masses probably wouldn't get it if that change was made, but darn it, I hate poorly made up words. Take "aerotropolis" for example. This word ought to be "aeropolis" if it is to be a word at all. Never mind.) and as a result he led one of the most productive and influential lives in American history.
I'm sure there is a lesson here somewhere.
-LCC
Monday, June 4, 2007
Health Care
I pulled this off the Drudgereport:
Smokers told to Quit*
The ever-rising cost of health care is one of my biggest concerns. I hate that Americans are tied to their jobs because of the risks involved with being uninsured. I myself have been without health insurance before and it is scary. The idea of having nationalized health care appeals to me when I am feeling lazy. That said, this article revels one of the greatest dangers of relying on one's government for one's health care. One of the main differences between the public sector and the private sector is that the powers that be in the public sector like rules, whereas the privately controlled entities generally do not.
Imagine a world where the government controlled our health care. Oh wait, we don't have to imagine that, we need only to look at Great Britain. The fact that they can control citizens lives with the bridle of health care ought to disturb all but the most complacent. What this indicates is that the British Government needs only to modify their health care restrictions in order to restrict behavior in general. If they are allowed to require the folks not smoke 4 weeks prior to surgery, why would they not require that folks quit smoking all together. There would seem to be no limits to this.
One may not consume alcoholic beverages 4 weeks prior to surgery.
One may not engage in extra-marital sex 4 weeks prior to surgery.
One may not ride a bicycle without a helmet 4 weeks prior to surgery.
Why limit it to surgery? Why not no smoking 4 weeks prior to any medical procedure or consultation?
Even if we did have government-provided universal health-care, I would like to imagine that the Supremes wouldn't allow restrictions of this nature.
Here is the flip-side to all of this. As it stands, private insurance providers have restrictions and laws that are, from what I understand, much more inhibiting. Individuals trying to find coverage for themselves without the benefit of an employer can be denied coverage for almost any reason the provider wants to give.
I hate this issue. It is, by far, the most complicated and troubling problem Americans face and I see little reason for optimism.
Have a great week!
-LCC
*http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=459574&in_page_id=1770
Friday, June 1, 2007
Cardboard Gods
I have a new favorite blog: www.cardboardgods.baseballtoaster.com
The posts are less frequent than some, but it is a case of quality over quantity--a trait I admire. The blog is promoted as a baseball card discussion site, but this acts a veneer for a touching, witty, and personal set of short essays. Baseball is often a metaphor for life, but few are able to use it as subtly as Josh Wilker.
-LCC
Tuesday, May 29, 2007
Iraq
I received this email from a friend of mine this morning:
Here is an article charting the erosion of one of the last viable justifications for the ongoing war in Iraq: isolation of Islamic terrorism to a specific region.
http://www.nytimes.com/2007/05/28/world/middleeast/28exodus.html?pagewanted=1&hp
I'm sure you remember that Al' Qiada itself was initially composed of veterans of the Russian-Afghanee war. I fear that a similar thing is happening here. We may see an increase in terrorism for another generation.
Here was my response:
Great article. This is exactly what I was talking about the other day. A military withdrawal from the Middle East is the last thing we should be discussing. The war on terror is a real thing and something that we are going to have to continue contemplating for the next dozen years or more. 9/11 showed us the error of pacifism and complacency. More than any other war in which we've been involved, this is a war that will require the support of every one of us if it is going to be successful. My biggest criticism of the Democrats in this is how they have made this war into a partisan issue. Granted, Bush should have capitulated to them in some areas (Rumsfield should have been removed long before he was), but ultimately, they used this war for political leverage rather than simply trying to work towards a solution. The question should not be whether or not we ought to be involved, but rather, how can we most effectively fight the terrorists while protecting the people of the Middle East.
I started to look for some evidence to back up my claims. I found a pretty good excerpt from the
Peter Berkowitz article at opinionjournal.com:
Consider Iraq. The split among conservatives has widened since Saddam was toppled in the spring of 2003. Traditional realists continue to put their trust in containment, and reject nation-building on the grounds that we lack both a moral obligation and the requisite knowledge of Arabic, Iraqi culture and politics, and Islam. Supporters of the war still argue that, in an age of mega-terror, planting the seeds of liberty and democracy in the Muslim Middle East is a reasonable response to the poverty, illiteracy, authoritarianism, violence and religious fanaticism that plagues the region.
In contrast, Democrats today are nearly united in the belief that the invasion has been a fiasco and that we must withdraw promptly. Indeed, rare is the Democrat (Sen. Joe Lieberman was compelled to run as an Independent) who does not sound like a traditional realist denying both America's moral obligation to remain in Iraq and its capacity to bring order to the country.
The point here is that by limiting the ability of its members to one option, The Democratic Party is limiting the entire debate. Within the Republican Party, there is a great amount of debate (explore stkarnick.com for examples), covering every aspect of the issue. Bush is not without blame in this. His inability to see things in terms other than black and white often cripples his ability to communicate diplomatically. When this war started, the consensus was that we needed to get involved militarily in Iraq. Bush insisted on defining that involvement on his terms, which was a mistake, but what the opposition did was take the easy way out and rather than try to promote their own plan for the war, decided to endorse retreat. This short-sighted tactic will drastically limit the Democrats as they seek the White House in the fall. I envision three scenarios:
1. The Democratic candidate will not be elected. War Continues.
2. The Democratic candidate will be elected. Sticking to the party line, the new President will withdraw the troops creating a vacuum in the Middle East in which genocide and tyranny flourish and the President will lose the swing voters and be ousted after one term.
3. The Democratic candidate will be elected. Realizing the withdrawal is impossible, the war on terror will carry on and the President will lose his or her base and be ousted after one term.
Proper withdrawal from this war will take years, probably decades. However the invasion was justified is irrelevant. The feel like they were snookered into signing off on the war, and perhaps they were. For the sake of the party, and for the country, they must accept that withdrawal is not an option and work on a plan for making the most out of our situation.
I (and probably everyone in the country) have a great deal left to contemplate. My understanding of the intricacies of this situtation is constantly changing. I appreciate any comments or insights any of my readers can offer.
-LCC
Friday, May 25, 2007
Wow
This is pretty remarkable. Thankfully, I'm able to remark.
A lot of folks have no idea what sort of freakish things we have roaming around down here. Where I grew up in Arkansas, the stories were all about catfish the size of Buicks. Seeing things like this pig make me think that maybe those stories are true. I spent a good deal of time in the Arkansas wilderness and I have no idea how I would have responded had I seen a creature like this coming towards me in the woods. Wow.
Article worth reading
A fairly optimistic article from an unlikely source: A British Paper. I assume the British are rarely optimistic but, perhaps, I do so wrongly. Furthermore, the article may not really be all that optimistic. It is a level-headed, "this-too-shall-pass" sort of thing, for which, I guess, the British are famously known. Whatever.
-LCC
Thursday, May 17, 2007
On Education
I attended a high school graduation this weekend. Many of my former students were graduating and I thought it would be nice to see how they were doing and learn which colleges they were entering. It was a nice ceremony and I was proud to see how many of them were heading to colleges that met with my approval. The salutatorian (a fine classicist and delightful person) was heading to my alma mater.
I sometimes wonder if I was right to leave the comfort and security of the classroom. One of my greatest inspirations, however, a partner at a prominent firm here, is chairman of their board of trustees, and his presence was all the affirmation I needed. As an attorney, I can continue to have a significant impact on education in my community.
Below are two stories on education that I recently read and felt inclined to share:
The Black and White of Ho Culture details a story with which I can relate. I spent a year at a school that was 98% black. This school also had the largest SPED population in the school district and all of the children received free lunches. They often bragged about how their parents lied on their applications so that they would receive these free lunches, but I wonder, in hind-sight, how much of that was done for the sake of saving face. Needless to say, I was called almost every name in the book--"cracker" being the least offensive. That said, I was never called a "ho" and can only imagine how much more difficult it would have been to have been a woman in that environment. Unlike the woman in the story, I had a decent administration that would have backed me up had I ever felt abused by my students. Here is the full address in case the link doesn't work:
http://www.realclearpolitics.com/articles/2007/05/the_black_and_white_of_ho_cult.html
This next article is about education in general and it's impact on economics. Our public education system needs to be drastically over-hauled. The biggest problem that I saw was a complete lack of accountability. My students did not fear failure or poverty. They had been poor their entire lives and seen very little else, nor have they had any reason to try to escape poverty. Let me stop now. I believe I am getting away from the article a little too much. Enjoy.
http://economistsview.typepad.com/economistsview/2007/05/tyler_cowen_why.html
Finally, here is a trivial wikipedia site for you to explore:
http://en.wikipedia.org/wiki/Mesoamerica
-LCC
The $20,000 Luxury Car
Interesting story on the WSJ Law Blog. The government will pay back your law school loans if you take a job with the public defender's or prosecutor's office. If you want to ignore my rambling, read the analogy at the end.
I first heard about this on creditslips.org but was withholding judgement until I felt like it might actually happen. The commenters on the WSJ Law Blog are usually good for a laugh or two, but one of them makes the point that for law students who want to go into public service, this sort of thing could make that move a little easier. I seriously doubt anyone with the opportunity to work for a well-paying firm will pass that up to work for the government, but let's face it, not all of us will have the opportunity to work for a big firm.
I was teacher before I decided to start down this path. One of the primary motivators for me leaving teaching was the lack of earning potential. Most of the folks I know that make their careers teaching high-school are people who already have financial stability or who have limited options. While in many ways I am a privileged person, I do not have the ability to "do whatever I want," so for me, as much as I wanted to be a high-school teacher, I couldn't afford it. Better stated, they couldn't afford me. This problem clearly applies to the legal profession as well. The best students go into private practice leaving the government with slimmer pickings.
I really don't see this legislation solving that problem. If anything, it will allow folks who would have worked there anyway, the ability to do so more comfortably. For instance, even if I had worked for a school that offered to pay back my student loans, or even pay for me to get another degree, I still would have left. Money is the ultimate motivator, and only those who have it can afford to pay it no mind. Jobs that make money can afford to pay money, and the government will never be as profitable as the private realm. Well, clearly the government should not profitable. We would have a greater problem if it were.
Analogy time! This is like putting leather seats and a sunroof on a Hyundai. Those who can afford no better will appreciate the hint of luxury, but those who can buy BMW, still will.
-LCC
Monday, May 14, 2007
The deep breath...
I am quite a big fan of JRR Tolkien. My mother encouraged me to read the books when I was young. Recently, I was watching the Return of the King movie and felt, once again, moved by the exchange between Pippen and Gandalf in Minas Tirith. I feel like I am currently in the "deep breath before the plunge" stage.
My life is not very exciting. I enjoy my job because it gives me plenty of time to read (I am in the middle of East of Eden right now.), but there is little in the way of excitement. I am sure that I will covet times like these once school starts, but for now August cannot come soon enough.
I made the decision to go back to school over a year ago now. There was no way I could have applied and been ready last fall, but I stilll feel like I have wasted a great amount of time.
-LCC
Tuesday, May 8, 2007
Bonds, A-Rod, Albert
Barry Bonds will likely finish this season with around 760 career home runs. Whether he keeps going or not is a mystery, but I would wager that he will try to stick around for 2-3 more seasons. If he continues to average 20-25 homers a season over that time (well below his 42 per season average), he will finish up with about 800 for his career.
Alex Rodriguez seems poised to be the next person to break into the 700 homer club. He is 31 and is sitting on 478 for his career and is averaging 44 per season. He could easily play ten more years and, even if his average drops to 30 per season, he will still be at 800 by the time he is Barry's age.
Albert Pujols would appear to be the next in line. With 256 home runs by age 27, Albert should have no trouble amassing 200 more before he turns 32. In fact, his average will likely increase over the next 5 years, if he follows the career path of most of his contemporaries. Not since the Big Hurt of the mid-nineties have we seen such consistancy.
One more player that I would like to throw into this discussion is Ken Griffey, Jr. Junior has 567 career home runs and will turn 38 after this season ends. If he can play until he is 42 and can maintain a 25 homer a year average (not unimaginable), he will end up with just under 700 and could very likely sneak in.
The Vlad Guerreros and Andruw Joneses of the world will certainly end up in the Hall of Fame and will likely finish with remarkable totals. However, for these two to each hit 350 more home runs seems pretty unlikely. Manny (475 career, 42 average) and Thome (477 career, 41 average) are sitting on either side of 35, and while 700 is not out of the question for them, 225 more before age forty would be statistically improbable.
Regardless, what we are looking at here seems to be the natural evolution of the game. Evolution does not necessarily happen slowly. Many scientists argue that it happens in leaps and bounds. 700, not 600, will become the new 500 before we know it.
Friday, May 4, 2007
Not a question of imminence.
I have found few admirable qualities in George Tenet. The recent media spotlight on him has revealed him to be self-serving and insincere. That said, I pulled a great quote from his book off of realclearpolitics.com this morning regarding the nation's attitude towards terror.
"It was never a question of a known, imminent threat; it was about an unwillingness to risk surprise."
Exactly.
-LCC
Thursday, May 3, 2007
Presidential Hopefuls
Bold prediction time:
When the smoke clears and the dust settles, two candidates will be left standing. Our next president will be either Fred Thompson or Al Gore. Both will run. Both will be nominated. My prediction will not go any farther than that.
-LCC
Wednesday, May 2, 2007
The People
This morning, a colleague and I were having a conversation about Alexander Hamilton, that led to a discussion about the role that "compassion for the masses" plays on the platforms of the two parties. The public perception is that the Democratic Party is that one which holds the most compassion for the common man, while the Republican Party is considered to hold a more utilitarian consideration for individuals. The Federalist Party of the late 18th and early 19th centuries was, for the most part, the precursor to what we now consider the Republican Party. The men most associated with that party, John Adams and Alexander Hamilton, shared a similar attitude toward the populace that Adams articulated nicely in this statement: "Popularity was never my mistress, nor was I ever or shall I ever be a popular man. ... But one thing I know: a man must be sensible of the errors of the people and upon his guard against them and must run the risk of their displeasure sometimes or he will never do them any good in the long run (Chernow. Alexander Hamilton. 521.)." There is a certain amount of audacity present in this statement that modern politicians would be wise to avoid, but not because of any error in the statement, rather because of its accuracy.
-LCC
Tuesday, May 1, 2007
More on The Republican Party and Iraq
Excuse the brevity of this post. This is from ibdeditorials.com; it is a response to the Buckley post below.
-LCC
Monday, April 30, 2007
Sloopy Hoochie Koo
Links of the week
Please find below some links that I have gathered today. Feel free to discuss.
WFB
This link directs the reader to a William F. Buckley, Jr. article in the National Review. It offers a concise report on the current state of the Republican party an our nation's efforts in Iraq. It is a largely pessimistic piece and offers little in the way of solutions--very much like a mid-nineties Bad Religion album.
Mark Steyn
I have been a fan of Mr. Steyn for many years. In some ways this is a counter-point to Mr. Buckley's.
Random Wikipedia Link of the Day:
http://en.wikipedia.org/wiki/Elvis_Costello
I have a formula for generating Random Wiki links and happened upon one of my favorite artists. How fortunate for all involved.
Finally, my legal term of the day:
moot
Of particular interest is the "Usage Note" at the bottom of the page.
-LCC
Thursday, April 26, 2007
Partial Birth Abortion Ban Bill
My father and I were discussing the recent Supreme Court ruling in the Gonzalez v Carhart case last week. I had expressed some concerns for the manner in which the the Constitutionality of the bill was validated. I felt the move was politically motivated and not necessarily in the best interest of upholding the Constitution. Also, Justice Thomas' concurring opinion raised some questions for me as he specifically points to the fact that he feels the ruling is unconstitutional and hints that he disagrees with the bill being passed under the Commerce Clause. Thomas and Scalia basically admit that their motives were purely political. Here is what my father had to say to follow up our conversation:
As always, it was a pleasure talking to you last night. The case that escaped me last night was Plessy v. Ferguson. Of special interest in this case is Justice Harlan's dissent. It is a great read and a truly thoughtful statement. On the other side of the coin is the pathetic reasoning in West Coast Hotel Company v. Parrish. This is the first of the three case usually and accurately identified as the breakdown in the rule of law within the Supreme Court (the other two being National Labor Relations Board v. Jones and Laughlin Steel Corp. and Helvering v. Davis). I believe these are the three most significant cases in terms of the courts buckling to political pressure until Griswold v. Connecticut. Griswold is the case that set the ground work for Roe.
On interstate commerce, look up two acts that revitalized the Interstate Commerse Commission in the first decade of the 20th century: the Elkins Act of 1903 and the Hepburn Act of 1906. Both the court rulings and the congressional actions were driven by the attitudes developed during the Progressive Era. I believe the progressive thought and the two Roosevelt presidents did more to destroy the basic fabric of our legal system than anything before or since. All the legal foolishness since has been founded on the foundation developed in the three cases cited above. They looked at the social impact of the law not the law itself. Our Constitutional system has never been the same since. Part of Jaffa's criticism of the courts is due to the fact that conservatives have been forced, in a sense, to play by these same corrupt rules. I believe this is what you find objectionable to the recent court ruling. Let me assure you that any true defender of constitutional legititmacy weeps over this change in the nature of the courts as well. But never lose sight of the reality that this all resulted from the progressive mindset of the early 20th century.
If a political movement develops that holds out the promise of returning to the founders original intentions, I will do anything in my power to support that cause. I would rather die knowing I had supported that opportunity than live knowing I had shirked my obiligation.
Quite a bit here for me to contemplate. I recognize less than half of the cases that he tosses at me. I have to keep reminding myself of how little I know. Basically, I need to stop having opinions.
Humbly submitted,
LCC
Tuesday, April 24, 2007
David Halberstam
I have never read a book by Mr. Halberstam. This morning however, I was reading one of the many "How to do well in Law School" books that have been given to me while watching Sportscenter. A segment of the program was dedicated to Mr. Halberstam, and I was struck by the breadth of his reach. In fact, I looked back down at the page of my book only to see Mr. Halberstam quoted in the center of that page. Any journalist who makes headlines on ESPN and appears in the text of law school preparatory books truly deserves an Ode or Requiem. I wish I was a skilled enough poet to offer one up to him.
LCC
Monday, April 23, 2007
SALVETE
I have created this blog for the purposes of documenting the next three years of my life. In August, I will begin law school and feel that a public journal of sorts will serve for me as a cathardic activity. I hope that this does not become a spot wherein I rant about the wretchedness of law school but I pray that the reader forgive me if I occasionally veer toward that sort of behavior. Ideally, the topics covered here will include: current affairs, legal issues, linguistics, ozark folk music, the perils of law school, poetry, and professional baseball.
As the title of this blog perhaps indicates, most of these posts will be formatted as letters to friends and family in the style of Roman authors like Cicero and Seneca. Please enjoy. I post for the pleasure of my reader.
LCC