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Messages - mikey4400

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11
General Board / Practice
« on: December 11, 2006, 09:10:50 PM »
State of CA has enacted law banning sale or possession by individuals of monkeys and apes. Governor Greg, signing new law, announced, “Too many kids bitten by these wild animals in our state. They belong in the wild or zoo, not in homes.” A fed law authorizes Secretary of Interior to prohibit importation or sale of “dangerous animals,” and empowers her to adopt list of such animals. But official has declined to add monkeys to list. Your client, P, is arrested by State Police for harboring monkey in his home. This hypo about wild animals is confusing me. Does anyone know how I can challenge State law on constitutional grounds besides procedural due process?

12
General Board / Administrative law
« on: December 02, 2006, 04:49:41 AM »
I read somewhere that the Administrative Law Section of American Bar Association proposed that ABA endorse application by courts of a "harmless error standard" in reviewing agency action, suggesting that courts affirm or remand w/o vacating a rule when a rule is found defective merely b/c agency inadequately explained its findings or reasoning or where rule is invalid b/c of other procedural irregularities not going to the merits. I was just wondering if people on this board are for or against adopting the proposal.

13
General Board / Judicial Take-Out Order
« on: October 17, 2006, 07:30:30 PM »
Can someone tell what a Judicial "Take-Out Order" is? I understand that the DA or ADA needs to get the judge to sign and issue it, but is it the defense attorney that wants the judge to issue it?

14
General Board / Importance of Law Review
« on: April 20, 2006, 03:17:37 AM »
I did not make it into law review or any other journals - will this be detrimental to my future job prospects? I'm in Tier 2 and my gpa is slightly below average.

15
General Board / Re: Small firms v. Big firms
« on: February 28, 2006, 04:35:12 PM »
Big firms are the greatest.  The job perks are the best and the work isn't particularly difficult--did almost nothing for a little over $3000/wk.  I worked in a NYC biglaw firm during my 1L summer; made a lot of good cash, plus the connections there are unbeatable.  I don't know about the whole "family feel" with small firms; my 0L summer, I worked as quasi-paralegal for a firm in my hometown and it was nice and cozy...but only because I'd known the people years before.  That sort of insulation can cut both ways--takes a while to ingratiate yourself in a small firm.  Newcomers are more frequent in biglaw, so you don't have to spend ages building rapport (impossible over a single summer).

What GPA did they require from the first semester? Does it make a difference if you're a part-timer with a 3.2 gpa?

16
General Board / K hypo
« on: February 28, 2006, 04:31:45 PM »
Here's a practice K hypo for your all.

On 2/5, V’s house was swept away by a tornado, which had not been predicted by any weather experts. One half of the painting work had been completed.
On 2/28, L refused to pay any money to U. She brought separate suits against V and against L.

On 4/1, V, who had contracted in a signed writing that same day to do specified landscaping during April for R for $10,000, sold his landscaping business to O. In connection with the sale, V wrote in a signed statement, “In consideration of O paying me $8,000, I, V, hereby transfer to O all rights and duties contained in my 4/1 K with R.”
Also on 4/1, V wrote in a signed letter to R, “I have sold my business and transferred my K with you to O. I am no longer responsible for any obligations under our K. Much good luck to you. P.S. This is not a joke.” R received the letter 4/3.
On 4/5, O notified R that it had declared bankruptcy and would not be doing any landscaping.
On 4/6, R brought suit against V for breach of K.
On 4/7, the trustee in bankruptcy for O sued V for breach of K.
1) U v. V and L - what are the issues and reasoning?
2) R and O v. V - what are the issues and reasoning?

17
General Board / capital punishment
« on: February 22, 2006, 12:19:22 PM »
I have heard some people state that they support the death penalty because they recognize and appreciate the sanctity of life; as a result, they believe that the death of the criminal is warranted.

While I can understand the sentiment regarding the value of life, I wonder how one can argue that the value of the victim's life differs from the value of the criminal's life. If the sanctity of life and value of one's existence can be considered objectively and independent of what the criminal did or did not do, what justifies the state's action against the criminal? How, in terms of the value of life, is the criminal any different from the victim, or the victim's neighbor, or the prosecutor, or the criminal's mother, etc.

18
1L job search / summer job at NYC law firms
« on: February 22, 2006, 04:21:03 AM »
Hi, I'm a 1L with a 3.18 GPA at a Tier 2 school. I know it is really late to apply now, but I didn't know we were supposed to apply this soon. This whole time, I thought we were supposed to apply after our 2nd semester grades were out. At this point, I am frustrated and don't know where to start applying. I already went to the career center at my school but nothing is left for 1Ls. What are my chances of getting any job at a big or med-size firm in NYC? What about corporate law firms? Where's the best place to start looking?

19
General Board / crim law
« on: February 20, 2006, 11:00:31 PM »
Hi guys, here are some practice hypos. Let me know what cha guys think.

A. Adams breaks into a building at night, believing it to be a warehouse and
looking for something to steal.  But Adams is wrong.  The building is in fact an
artist's loft where Vincent lives.  Adams steals Vincent's stereo.   

B.  Baker's stereo has been stolen, and Baker thinks Vincent did it.  So
Baker breaks into Vincent's loft at night, and takes what Baker believes is his
own stereo.  But Baker is wrong.  Vincent hadn't stolen Baker's stereo and the
stereo Baker "took back" is in fact Vincent's.

How would Adams and Baker be treated under common law mistake doctrine (see
Navarro).  What about under the MPC (see § 2.04)?  What about under the NYPL
(see § 15.20(1)(a))? 

20
General Board / Citation question
« on: February 05, 2006, 03:11:04 PM »
Hi, I was wondering if anyone can tell me if this would be the correct format for short citation? If not, what should be changed?

Reed, 40 N.Y.2d at 303, 307, 353 N.E.2d 590, 386 N.Y.S.2d 677

Thanks.

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