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William D. Randall's Blog (of no particular interest to no one in particular)
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Tuesday, October 10, 2006
Law School Status Update You don't call, You don't Write..... OK, I'll admit it, I've been a flake the last few weeks, and despite the previous post being nothing but borrowed words on a very important, if not crucial, topic I thought it was time to get a few things out of my head. Yesterday was the first midterm of the Semester. Personally, I would have preferred to have the midterm prior to break, but with all of my classes running on average about a week behind (if not more) I don't really have a whole lot of say in the matter. The exam was Con Law I. Which wasn't too bad, if one read the cases and reviewed their notes. Being a Political Science Major, and having taken Con Law in undergrad meant that I was familiar with most of the cases on the exam. So the questions concerning the extent of congress' power under the Commerce Clause as explained in E.C. Knight, or the absence of an "inhenent presidential power" concerning the seziure of the Steel Mills in Youngstown was somewhat repetitive. The problem of running behind of course is that professors are having to be creative to catch up....So this means....ON LINE MIDTERM. UGH. So just as we are about to stress out and prepare for Finals in December we have to switch gears and prepare for another exam. It could be worse at least. As for my only other midterm in Agency & Partnership aka Business Associations, that one is exclusively online. Open notes, Open book, hell its even open mind. I'm kinda leery of taking it as I'm still confused with the operation of Apparent Authority, Inhenent Authority, and Actual Authority, and the rights and responsibilities flowing out of each. I known I'm not the only one confused, (See Schinley Industries). The class is somewhat interesting, it even has a bit of a political undertone to it. I was especially interested in the case of Karl Rove (Yes "Turd Blossom" himself) v. Thornburgh. Where Rove sued the former USAG and PA Senate Candidate (Running for Heinz's seat after his death) after he stiffed him on the bill for work performed on behalf of his campaign committee. After finding that Thornburgh's "man friday" was an agent to Thornburgh, who acted as a liaison between him and the committee, the Court found an agency relationship was present and continued to determine the rights and responsibilities of the Agency relationship between the parties, eventually reaching the conclusion that the buck stopped with the candidate. Two main rules of prevention come out of the case, and are and absolute must for anyone thinking about running for office. First, the parties involved may utilize a contract stating that the campaign committee itself is soley responsible for any debt incurred, or Second, the committee itself can formed as a corporation, where only the entity is liable for any debts incurred. I guess this is one of the reasons why most campaign committees are "Inc". My other three classes, Professional Responsibility, Evidence, and Property, do not have midterms. And unfortunately they have been prioritized accordingly. PR can be summed up in Four "Golden Rules": 1. Get it in Writing, 2. Keep you clients in the loop, 3. Don't steal your clients stuff. 4. The buck stops with the Bar Card Of course its a lot more complicated than this, such as the difference between concurrent conflicts and succesive conflicts and the meaning of "Substantial Relationship" or what is "Material" or not (Note: ABA MR: Rule, whereas CA: Case Law). This class also seems like a more detaied offshoot of A&P, as a fiduciary (trust) relationship is created upon the presence of an agency relationship. Essentially, the lawyer is a fiduciary to the client and is entrusted with protecting client confidences, maintaining loyalty to the client, and being competent in handling client matters. Evidence: About 7 weeks in and we've only covered relevancy and impeachment. Nothing like three hours of hypos to completely waste precious class time. Property: A subject that should be very elementary, as everybody learns the basis for this subject in Kindergarten. Possession is 9/10ths of the law. And the right to exclude (as least in California) is one of the key aspects of property. We've also covered such entralling topics as Estates, Waste, and Concurrent Estates. This class is also very rule intensive, as most, if not all of future interest law, is derived from the common law. The old favorites such Fee Simple Absolute, Life Estates, Vested Remainder Subject to Defeasance, Contingent Remainders and Executory interests. And of course the Rule Against perpetuities, "No interest is good, unless it must vest, if at all, within 21 years of some life in being at the creation of the interest." None of the rules make any sense, but when you are dealing with wealth and how to keep it, nothing ever makes sense. So much for wasting my time. Now back to my Con Law Reading....Already in progress...WDR
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