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Messages - rezipsa

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Current Law Students / Re: SC Justice Nomination
« on: September 12, 2005, 10:01:15 AM »
Not only would the Senate be burdened with additional confirmation hearings, but there is a school of thought that believes that elevating a sitting justice hurts the comradory of the court...

You have to remember that a lot of the current justices have served together for decades, and we've all seen the problems that can arise at our own jobs when someone is suddenly elevated to a management position and is in charge of supervising people who used to be their peers...

Either way, Chief Justice isn't so much a position of power as it is an administrative job...The Chief justice has no more say than the other justices do in deciding which cases to hear and which way the court will rule

On a positive not for Roberts, I read that he may allow comeras during SC hearings....I would certainly support this change

You've made some good points about how the CJ is just an administrative job.  I just think that Scalia as CJ would cause quite a stir because the title of CJ will make his head bigger...maybe some more hunting trips.

Cameras during SC hearings would be awesome!  I think that Roberts will be confirmed without too much fuss.  The next nomination will be tough.  O'Connor may not retire anytime soon.

Current Law Students / Re: Hess v Pawloski
« on: September 09, 2005, 05:19:31 PM »
Ah...the good ol' days of Civpro.

Jimmyjohn is correct - driving on a particular state road consents to jurisdiction.  On the flip side of this, if the driver was injured, they would want the state help (police, ambulances, hospitals) to assist him.

Current Law Students / Re: EXAM TAKING OUTLINES
« on: September 08, 2005, 03:16:27 PM »

Current Law Students / Re: SC Justice Nomination
« on: September 08, 2005, 10:00:31 AM »
Historically, it has been that, more often than not a new CJ is brought in from outside the court, for various reasons.  Maybe the President didn't like any of the sitting justices (e.g. Andrew Jackson naming Roger Taney) or maybe he owed somebody big political favors (e.g. Ike Eisenhower naming Earl Warren), or maybe he just didn't think any of the sitting justices he wanted were likely to pass, or if they did pass they would take too much time and effort to do so (imo, the current situation).

I concur with your other points, but I'm not sure how much more "open-minded" Roberts is likely to be.  I think it will depend on the issue and his own idiosyncracies.  One of my profs who was classmates with him reported that he turned "scarily conservative" after finishing up his clerkship with Rehnquist, however.  Either way, who knows?  :-\
Nominating an outside CJ is news to me but it makes sense.  I still think it would be fun to have Thomas or Scalia as CJ.  Sure they will have their share of opinions, but as CJ they may have more opinions.  Think of the all the fun opinions that would come out of the court (especially with Scalia).  I can see it now, Scalia using a quote from a rap song to "dis" a fellow justice. "'re blind, baby...(Public Enemy)"

I heard the same thing about Roberts after he clerked with Rehnquist.  Rehnquist was known to "shape" his clerks into conservatives.

Issues like abortion will be dependent on the O'Connor replacement.  She was the swing vote for several controversial opinions.  Having another conservative to replace O'Connor will change the Court.  The question will be is how much.

Current Law Students / Re: Fleming Exam Prep. Course
« on: September 08, 2005, 08:31:37 AM »
I thought it was good for 1Ls.
For a 1L, law school exams are very different than undergrad exams.  The class teaches you how to write a law school exam.

Current Law Students / Re: SC Justice Nomination
« on: September 08, 2005, 08:28:08 AM »
It is very rare for a sitting justice to be elevated to chief justice.  I believe there have only been 3, of course 1 of those was Rehnquist.

I didn't know that.  I've always thought that the Chief Justice was nominated from one of the current justices.  Next week's hearings should be interesting.

I guess Roberts for Rehnquist is a wash.  I've heard that Roberts is more "open minded" than Rehnquist. 

The big question is who will Bush nominate to replace O'Connor.

Current Law Students / SC Justice Nomination
« on: September 07, 2005, 01:52:36 PM »
What are everyone's thoughts of President Bush's recent statement nominating Roberts not only as a new justice but as the Chief Justice?

Sure Roberts clerked for Renquist but what about the other justices?

I think that the court would be exciting with Scalia or Thomas as Chief Justice.

That is funny.

Are you sure he didn't use the wish on something else?

Scalia for Chief Justice!

Current Law Students / You might be a lawyer if...
« on: August 23, 2005, 04:13:13 PM »
You have a daughter named Sue and a son named Bill.

You can look at a contract and instantly tell whether it's verbal or written.

Your other car is a BMW.

When your spouse says "I love you," you cross-examine him or her.

Current Law Students / Re: True Horror Story
« on: August 19, 2005, 09:20:41 AM » school.
Isn't it fun.
I think everyone who has been in law school for more than two years can recite one of these horror stories.

I've only been in law school for two *days* and I have already been called by surprise to be drilled on a case I had not adequately briefed. Oh, I had the facts of the case down, and the rule and how it was applied in the holding, but I did not properly understand the procedural posture of the case--like an idiot, I figured it wasn't as important since this was a torts class--and I got it wrong. Worse, I wasn't smooth or confident in my wrongness.

I'm sure everyone thinks I'm a dolt now, but I'm not so sure everyone else in the classroom experienced the same vertigo, the silent-in-the-room, everybody-looking, heart-stopping badness of it all. Crow--it's what's for dinner!

Don't worry.  Most of your class mates where not paying attention to you.  In fact, they were glad they were not called upon or reading the next case and praying that they don't get called upon.  Once you realize that your classmates do not care how you brief (they only care that YOU are briefing and not them), then you will be more relaxed and your briefs will be smoother.

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