Friday, April 21, 2006

Narco Nation

Reading cases about the right to privacy and protection from searches and seizures, I can't shake the feeling that our 4th Amendment right is upheld by a lot of powerful judges and politicians who know that their sons and daughters do drugs.

And heaven forbid Officer Nosy should find out and slap their privileged asses with possession charges. How embarassing. Little Darryl will get expelled from Hoity-Toity Prep School.

Because as I get older, I'm finding out that basically everyone gets high.

This time last semester...

...there were 3 weeks of vacation before we had to take our finals.
But no more Mr. Nice-School.

This semester we have classes for 2 more weeks before our 1 week dead period in which we cram for our upcoming finals.

Application: If I want to do decently on my finals, I must start cramming now, in addition to keeping up with regular school work.

Outcome: I'm very, very busy.

True Effect: No more prime time tv and more upper-back aches from sitting.

Tuesday, April 18, 2006

Oral Arguments

Yesterday my partner and I argued a case in front of a panel of 3 judges. The entire semester of our First Year Lawyering Class had been building up to this final moment.


Oral arguments are nerve-wracking because you have to field all kinds of random questions from the judges. They can ask you about everything and anything in your brief AND in your opponent's brief.

That's a LOT of material: 40 pages of briefs and some 30-50 cases.

Being the ultimate slacker that I am, I barely glanced through my opponent's brief and committed to memory only 3 cases. Eek.

Needless to say, I am so relieved that it's over.

Observation: Maybe I shouldn't be a trial lawyer...

Friday, April 14, 2006

Fantasy v. Reality

Prof S's advice to us students about to pick our next year clases:

Choose what interests you.

He elaborated on how we should be excited everyday to wake up and go to class. We should spend the next two years in a legal candyland full of joy and wonder.

It was like a siren call to me and I listened entranced.

And then I was rudely awakened by Prof. D's advice:

Every student should take these four classes: Tax, Corporation, Admin Law, and Constitutional Law.

I wish these two pieces of advice didn't seem so mutually exclusive to me.

Wednesday, April 12, 2006

All we do in law school is watch movies and write papers about our reaction to them...


Response Paper: Crash
How the Movie Got “Racism” Wrong

This movie breaks the conventional narrative mold by chopping up scenes abruptly and putting them in an order that doesn’t seem to make sense. We are taken from group to group with apparently no connecting threads to help us understand the juxtapositions. However, there seems to be a common theme that runs through each apparently nonsequitur episode. That unifying theme is one of shattering our preconceptions. Each scene sets up a situation in which is likely to elicit a certain judgment from the viewers about the characters and then utterly demolishes those judgments in subsequent scenes.

For example, the character played by Ludacris starts off decrying how unfair he is being treated because of his race, which is meant to elicit a certain feeling of sympathy from the viewer. But then, the movie utterly destroys that sense of sympathy as Ludacris robs an SUV with his accomplice.

Similarly, Matt Dillon’s character, the racist cop, is shown in a light that immediately makes the audience recoil in disgust at the way he pulled over the couple driving home from the awards ceremony. But slowly we see Dillon struggle to help his sick father and we hear about how his father suffered at the hands of racists himself. And lastly, as Dillon pulls the character played by Thandie Newton out of the burning car, risking his own life, the viewer’s first impression of Dillon is undone. He is not just a one dimensional racist cop. His racism and personal ethics are more complicated and nuanced than one ugly label can convey.

This kind of set-up and knock-down of viewer preconceptions happens with almost every character in the movie. The heavily tattoo-ed locksmith is actually a hardworking, honest family man. The crazy Asian woman driver is actually a wife rushing to see her husband in the hospital. The poor car-struck Korean man is actually not worthy of our sympathy because he is a slave smuggler. The “unracist” cop played by Ryan Phillipe is actually much more racist than he himself even realized. And the callous detective played by Don Cheadle seemed to disrespect his mother. But in the end his partner and the viewer gets to see how horribly untrue that judgment really is.

If indeed the “message” of the movie is that we should put away our knee-jerk reactions and consider the ways in which they could be wrong, then I say this movie is not very helpful. I think that knee-jerk reactions are natural and beneficial to us as social creatures who must assess our environment and act properly within them. An intelligent Bayesian is simply acting on the undiscriminating statistics of what is most likely in any situation. Mistrusting a locksmith that looks like he has a lot of prison/gang tattoos is not a morally blameworthy thing to do. It is rational and logical. And if the statistics show that you are more likely to get robbed by two young black men than two young white men, then it is not wrong to fear robbery more when two young black men walk by than when white men walk by.

Racism is another creature entirely. Racism is a kind of value system that puts one race higher or lower than another for no other reason than their race. It is to say that one ethnicity is superior to another; one kind of human being is more valuable than another; and one race has more inherent worth than another. It is that kind of thinking that should be condemned; not rational acting based on statistical data.
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