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Messages - Eugene Young

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91
Black Law Student Discussion Board / Re: The Thread on Politics
« on: December 03, 2008, 05:40:33 PM »

Does anyone know? (would appreciate guidance)

If Obama's legal name is actually Barry Soetoro or some other name, are the election results valid?

Also, if the presidential oath of office is taken under a false name is it binding? Is the person legally president?

Do you have anything substantive to add to the discussion? If not, please go away.  Thanks

92
I <3 Matthies so much.

Me too.  And Eugene, both of them.  If anyone ever deserved a fan thread . . .

Stop it you're making me blush. If there was an embarrassed emoticon I would insert it here.

93
Also to add...join the National Assoc. of  Criminal Defense Lawyers (NACDL). Florida probably has state level chapter, join that one as well. Also, on your break, I would suggest you go to the local courthouse and observe trials, hearings, or whatever they have going on. You can kinda get a lay of the land, and you can meet some attorneys. Wear your best suit and when you see a lawyer who looks like they know what they're doing (it'll be easy to tell) go up to them. They'll be busy, so have an elevator speech ready. Tell them you're a 2L, want to do criminal defense, and looking for mentors. Tell them you'd like to shadow them or set up an informational interview. They'll be impressed, trust me. Get their card, and be persistent. Every private criminal defense lawyer I know has a VERY busy practice, with work they have to turn away.

BTW, I did this last summer and met two attorneys. I'm a 1L. It took a few weeks to set up a meeting, when I finally got in touch with one of them, he gave me 30 mins on a Friday afternoon. We ended up talking for about 3 hours. At the end he offered me a clerkship for the summer, and offered me the opportunity to shadow him over Xmas break. I made other connections throughout the semester, and have already been offered two clerkships and I take my first final tomorrow. networking is the key, but you have to put yourself out there to get the opportunities. Matthies is right, criminal defense is pretty much recession proof. People won't pay their rent, car note, or mortgage, but they'll pay to keep themselves or loved ones out of jail. Also, the criminal defense bar is pretty close knit, so your name can spread quickly. Protect your reputation. At the same time, my experience has been that it's very supportive, because everyone is trying to fight the good fight. People will try to help you out.

Make it happen.
Good luck!

94
Black Law Student Discussion Board / Re: Black Law Student Discussion Board
« on: December 01, 2008, 06:05:49 PM »
Agent Skully keeps it gully.

Brooklyn stand up!

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FYI Miss P, he made some of the same points I made a few weeks back.

Gay Marriage and a Moral Minority

 
By CHARLES M. BLOW
Published: November 29, 2008

We now know that blacks probably didnít tip the balance for Proposition 8. Myth busted. However, the fact remains that a strikingly high percentage of blacks said they voted to ban same-sex marriage in California. Why?

There was one very telling (and virtually ignored) statistic in CNNís exit poll data that may shed some light: There were far more black women than black men, and a higher percentage of them said that they voted for the measure than the men. How wide was the gap? According to the exit poll, 70 percent of all blacks said that they voted for the proposition. But 75 percent of black women did. There werenít enough black men in the survey to provide a reliable percentage for them. However, one can mathematically deduce that of the raw number of survey respondents, nearly twice as many black women said that they voted for it than black men.

Why? Here are my theories:

(1) Blacks are much more likely than whites to attend church, according to a Gallup report, and black women are much more likely to attend church than black men. Anyone who has ever been to a black church can attest to the disparity in the pews. And black womenís church attendance may be increasing.

According to a report issued this spring by Child Trends, a nonprofit research center, weekly church attendance among black 12th graders rose 26 percent from 1993 to 2006, while weekly church attendance for white 12th graders remained virtually flat. In 2006, those black teenagers were nearly 50 percent more likely to attend church once a week than their white counterparts. And it is probably safe to assume that many of them were going to church with their mothers since Child Trends reported that around the time that they were born, nearly 70 percent of all black children were born to single mothers.

(2) This high rate of church attendance by blacks informs a very conservative moral view. While blacks vote overwhelmingly Democratic, an analysis of three years of national data from Gallup polls reveals that their views on moral issues are virtually indistinguishable from those of Republicans. Letís just call them Afropublicrats.

(3) Marriage can be a sore subject for black women in general. According to 2007 Census Bureau data, black women are the least likely of all women to be married and the most likely to be divorced. Women who canít find a man to marry might not be thrilled about the idea of men marrying each other.

Proponents of gay marriage would do well to focus on these women if they want to win black votes. A major reason is that black women vote at a higher rate than black men. In the CNN national exit poll, there were 40 percent more black women than black men, and in California there were 50 percent more. But gay marriage advocates need to hone their strategy to reach them.

First, comparing the struggles of legalizing interracial marriage with those to legalize gay marriage is a bad idea. Many black women do not seem to be big fans of interracial marriage either. Theyíre the least likely of all groups to intermarry, and many donít look kindly on the black men who intermarry at nearly three times the rate that they do, according to a 2005 study of black intermarriage rates in the Wisconsin Law Review. Wrong reference. Donít even go there.

Second, donít debate the Bible. You canít win. Religious faith is not defined by logic, it defies it. Instead, decouple the legal right from the religious rite, and emphasize the idea of acceptance without endorsement.

Then, make it part of a broader discussion about the perils of rigidly applying yesterdayís sexual morality to todayís sexual mores. Show black women that it backfires. The stigma doesnít erase the behavior, it pushes it into the shadows where, devoid of information and acceptance, it become more risky.

For instance, most blacks find premarital sex unacceptable, according to the Gallup data. But, according to data from a study by the Guttmacher Institute, blacks are 26 percent more likely than any other race to have had premarital sex by age 18, and the pregnancy rate for black teens is twice that of white teens. They still have premarital sex, but they do so uninformed and unprotected.

That leads to a bigger problem. According to a 2004 report by the federal Centers for Disease Control and Prevention, black women have an abortion rate that is three times that of white women.

More specifically, blacks overwhelmingly say that homosexuality isnít morally acceptable. So many black men hide their sexual orientations and engage in risky behavior. This has resulted in large part in black womenís becoming the fastest-growing group of people with H.I.V. In a 2003 study of H.I.V.-infected people, 34 percent of infected black men said they had sex with both men and women, while only 6 percent of infected black women thought their partners were bisexual. Tragic. (In contrast, only 13 percent of the white men in the study said they had sex with both men and women, while 14 percent of the white women said that they knew their partners were bisexual.)

So pitch it as a health issue. The more open blacks are to the idea of homosexuality, the more likely black men would be to discuss their sexual orientations and sexual histories. The more open they are, the less likely black women would be to put themselves at risk unwittingly. And, the more open blacks are to homosexuality over all, the more open they are likely to be to gay marriage. This way, everyone wins.

96
Studying and Exam Taking / Re: Closed Book Exams
« on: November 29, 2008, 03:16:29 PM »
me too. misery loves company

97
I have the E&E books. However, I've already determined that these books aren't going to help me with my outlines. Do you recommend any particular commercial outlines for these two subjects? also, do you know of a good introductory book to civ pro (covering topics like personal jurisdiction, supplemental jurisdiction, removal, forum non conveniens, Erie doctrine, etc.)?

I use Friedenthal's hornbook for civ pro, and Dobb's the Law of Torts hornbook for torts.

What's Friedenthal's book called?

Civil Procedure. Here's the link

http://www.amazon.com/Procedure-Hornbook-Friedenthal-Arthur-Miller/dp/0314156119/ref=pd_sim_b_39

98
I have the E&E books. However, I've already determined that these books aren't going to help me with my outlines. Do you recommend any particular commercial outlines for these two subjects? also, do you know of a good introductory book to civ pro (covering topics like personal jurisdiction, supplemental jurisdiction, removal, forum non conveniens, Erie doctrine, etc.)?

I use Friedenthal's hornbook for civ pro, and Dobb's the Law of Torts hornbook for torts.

99
Studying and Exam Taking / Re: Last Shot Rule?
« on: November 28, 2008, 04:43:32 PM »
-"Last Shot" rule means that the last version of the offer is the one that goes into effect (because the acceptance must mirror the offeróMirror Image Ruleóand each new set of terms is a "counter offer" that wipes out the initial offer).

- This creates bias in favor of the last form - encourages people to send more forms trying to have the last word - leads to "Battle of the Forms."

Basically when you are going back and forth and negotiating what the details of the contract will be, the last form wins, because it wipes out all the previous offers. This encourages parties to a negotiation to send slightly tweaked forms back and forth endlessly so that they get the last word, and their terms are accepted.

UCC 2-207 is supposed to help fix this problem.


Not exactly. New terms in acceptance are considered as proposals for addition to the K. B/W merchants they become part of the K  unless new terms materially alters it, acceptance made expressly conditional to assent to new terms, or notification of objection to new terms already given or a timely objection is made. Look at 2-207(2) and (3) and the official comments for exact details.

100
Law School is not a default move for me; I've been doing research on law school for years now. I debated btw business school and law school (post PhD) but did my research and found law school more fitting for me. I've always had my eyes of HLS but what are your takes on NYU and Columbia Law programs?

I wasn't saying it was a default move for you, I was speaking generally.

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