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Messages - Jumboshrimps

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81
Transferring / Re: $250 Registration Cancellation Fee
« on: July 31, 2007, 02:31:07 PM »
Send them another polite letter telling them where they can look for that $250.

82
Current Law Students / Re: Con Law Question
« on: July 31, 2007, 11:35:31 AM »
Oh no. It appears I'm developing a reputation of some kind. . .

The case that comes to mind is Tinker v. Des Moines, 393 U.S. 503. The wearing of anti-war armbands by public school students was considered akin to "pure speach." That case discusses the "context" issues you brought up, such as time, place, etc.

My understanding is that, if an action is labeled "conduct," it is afforded no First Amendment protection at all (aside form assembly or religious conduct). So, no statute could be facially unconstitutional solely for banning a certain type of conduct, unless it infringed on a liberty interest or implicated equal protection issues. So, the answer to 3(a) is that a challenge to a statute that banned face painting except among certain groups is that it could be struck down on equal protection grounds if the painting was considered conduct and not speech. But, if the painting is considered speech (as it is likely to be), there are at least two ways to challenge the statute-- equal protection and First Amendment grounds.

I'm not sure I understand what you're getting at in number 3. If face painting is determined to be conduct, and not speech, then you are left with equal protection arguments, and those are almost always losers unless race or ethnicity are implicated.

But, personally, I think such a statute would be a violation of a non-football-game-attending person's right to liberty. I would lose that one every time too.
 

83
Current Law Students / Re: How to improve writing?
« on: July 31, 2007, 07:57:48 AM »
The best way to improve your writing is to increase your reading. You have to love to read before you become a truly good writer.

Disagree.  Reading is not the same as writing.  Reading involves recognition, whereas writing involves mostly "reproduction".  One cannot reproduce sometimes, even things he has perfectly memorized.  For example, one can easily distinguish between British and American accent, but often cannot produce both.

I disagree with this disagreement. I submit that writing is simply an extension of reading. And your example about accents is inapplicable because speech is a very different process than thought. Reading and writing occur entirely in our minds. The paper is just recording that process.

Reading a book about writing may be useful, and I can see why an engineer would be inclined to do so (since they learn everything mechanically). However, I am absolutely certain that the best way to improve your prose is to read, enjoy, and reflect upon the prose of others. Don't set out to "learn" how to write better; set out to experience great writing.


84
ESPECIALLY chicken!

85
Excellent topic.

Look these up in a law dictionary, for starters:

mesne
estoppel
trust
consideration
chicken
equity
law
property

86
Job Search / Re: not picked for screening interviews
« on: July 30, 2007, 09:45:55 AM »
How old are you?

87
Current Law Students / Re: Question Members
« on: July 30, 2007, 08:01:09 AM »
Did you all buy the pocket size Blacks Law Dictionary, or did you buy the bigger book

The newest edition is included in your free Westlaw access. If you don't want to use the computer, buy the full, unabridged volume.

88
Current Law Students / Re: 2L Workload: Am I Crazy?
« on: July 27, 2007, 09:12:03 AM »
Is it crazy to be on a journal, take a full class load, be on the board of two clubs, volunteer at clinics, and work part time? The firm I worked for over the summer has asked me to stay on part time during the year, and I would love to, but I'm not sure if its really feasible. I didn't get awesome grades my first year, compounding the problem, because I imagine doing all of those things would be rather appealing to a future employer. Help?

No, it's not crazy. In fact, when I had a similar schedule, my grades improved. I think it's easier to stay on a roll once you get on a roll. Go for it.

89
Current Law Students / Re: Civ Pro Question
« on: July 26, 2007, 08:10:13 AM »
sounds like a good argument.

thanks jumboshrimps (i was tempted to write jumboprawns) ;D

That would be a ginormous shrimp! ::)

90
Current Law Students / Re: Civ Pro Question
« on: July 25, 2007, 03:55:51 PM »
If I had to argue for CE:

The quasi-judicial ruling, combined with the trial court's judgment effectively sustaining that ruling, constitutes a full and fair opportunity to be heard on the issue of wrongful termination, and the trial court's ruling constitutes a final judgment on that issue.

If I had to argue against CE:

There is no court judgment on the issue of wrongful termination. There is only a judgment on the mandamus issue, whereby the plaintiff was not fully heard on the merits of the case, but rather the trial judge reviewed the record in its entirety only to determine whether there was extraordinary abuse of discretion by the quasi-judicial officer.

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