Wednesday, November 18, 2009

New event!

Join the Jackie Chiles Law Society for our last event of the semester, Monday 23 November at 12:15 in room 106 at the law school for a panel co-sponsored by the Professional Development Office on "Careers in Media Entertainment"
FOOD Provided! Jackie Chiles Trivia!
Panel members have actual experience in the entertainment industry as well as media & entertainment law practice!! More information from PDO coming soon!!
In conjunction with this event, The Society will be screening the film "A River Runs Through It" in the moot courtroom at 6PM on the evening of 23 November WITH...... Patrick Markey, the film's producer! Come and watch the film and listen to Mr. Markey speak about his production experience!

Quote of the Day - November 18, 2009

I'm an innocent man. I spent 15 years in prison for something I didn't do. I watched my father die in a British prison for something he didn't do. And this government still says he's guilty. I want to tell them that until my father is proved innocent, until all the people involved in this case are proved innocent, until the guilty ones are brought to justice, I will fight on. In the name of my father and of the truth!

-Gerry Conlon, In The Name of the Father

WHOA

We kinda suck, huh?

Love,

The Jackie Chiles Law Society Bloggers

Thursday, January 15, 2009

Quote of the Day - January 15, 2009

Michael: My mother is opposed to the idea of hiring a new attorney.  She'll probably refuse to enter the room if she sees you.

Wayne Jarvis: I shall hide behind that couch.

Michael: Guy's a pro.

Arrested Development

Yeah yeah yeah ...

Ok, we know ... we've been remiss in our blogging.  We'd like to say we're sorry, but empty apologies mean nothing.

We're going to try harder in the future.  

Well ...

Probably.

Tuesday, December 2, 2008

Twilight Goes Supreme

NEWS FLASH--TWILIGHT GOES DARK!!! (For now)

In a landmark 3-2 decision, the Supreme Court today affirmed Vogeler v. Twilight and declared the beloved Twilight series "obscene material pursuant to the Court's prior decision in Miller v. California" upholding a Utah Federal District Court's injunction against the publication of the work. Little Brown, the publishers behind the beloved young adult vampire series by famed Mormon author Stephenie Meyer declined comment, but issued a press statement indicating that, while disappointed in the decision, it would follow the Court and "shut down production [of the novels] immediately."

In what may be the smallest decision in the last 100 years of Supreme Court jurisprudence, four of the Court's Justices recused themselves from weighing in on the Twilight decision:

Justice John Stevens (pictured above), because the overwhelming squealing at his Florida home from his wife and three daughters "nearly deafened [him] even more than usual when they heard about the case;"

Justice Anthony Kennedy (above), who gave no official reason for his recusation (although rumor abounds that Kennedy balked at potentially being the swing vote in an "undead decision" that could "bury [his] reputation with the ladies");

Justice Stephen Breyer (above), apparently because he was sick of law students associating him solely with ice cream and couldn't bear the thought of being further associated with the "Vampyre" and the potential ramifications of being known simply as "The Honorable Count Chocula";

and Justice Clarence Thomas (above), because he was feeling grumpy the day of oral argument.

Writing for what was left of the majority, Chief Justice John Roberts (above) opined that "Twilight, as a whole, appeals solely to the "prurient" interest, depicts and describes in a patently offensive way particular uncomfortable conduct prohibited by most states (necrophilia), and--when taken as a whole--lacks 'serious, literary, artistic, political [and] social value.'" After engaging in the Miller analysis, the Chief Justice crafted a surprising new rule that, in theory, will only apply to teenage vampire romance novels--the so-called "Cullen Rule."

Citing the longstanding Supreme Court decision disallowing First Amendment protection of child pornography, the Chief Justice reasoned that, although 100 years old, Edward Cullen, the protagonist and lead romantic interest of the series, was trapped in the body of a 17-year old minor. "Thus," wrote the Chief Justice, "Bella, the novel's heroine, upon reaching the age of majority systematically and obscenely engaged in vampiric, yet statutorily-prohibited acts with Edward, the 17-year old, perfectly-figured lolito."

Characterizing Bella Swan as both a "predator more vile than vampire" and a "dangerously ditzy criminal," the Chief Justice labeled her character "pristinely degrading to women, dependant, insipid, and, at the end, stupendously annoying."

Justice Samuel Alito (above), joined by Justice David Souter (not pictured), concurred in the majority's result, but not in its reasoning. Basing his opinion not in the obscenity doctrine, but in the unprotected category of speech known simply as "incitement," Justice Alito decried the series' "clear and present danger."

"The reaction this book has stirred amongst the populace of this nation has raised it to a level of danger beyond that posed by vampires and werewolves combined," Alito wrote. "I cannot presume to guess how many lives have been lost, how many families fractured, and how many young romances ruined by the publication of this monstrosity. The name 'Edward Cullen' may now be synonymous with imminent threat of unlawful activity. Sometimes, the clear and present danger presented by novels such as Twilight rise to the level of shouting 'FIRE!' in a crowded theater."

After engaging in another 20 pages of empassioned analogy, Justice Alito ended his concurrence with this interesting, yet ultimately flawed speculation: "The imminent threat of yelling 'FIRE!' in a crowded theater, however, may be ignored by the reviewing court if in fact that theater is showing Twilight. In this instance, fire may indeed be combatted with 'FIRE!'"

Justice Ruth Bader Ginsburg (above) penned the dissenting opinion. Perhaps hearkening back to her wild days at Harvard and Columbia (where she was known commonly as Ruth "Bomb Track" Bader), Justice Ginsburg summed up her reasoning succinctly: "Best. Books. Ever."

In a somewhat surprising twist, joining Justice Ginsburg in her dissent was none other than Justice Antonin Scalia (above, staring intently into your soul...), who "focused on the facts and original intent" of Twilight and wound up writing a 30-page judicial review of the series, christening it at times as "a masterpiece of young adult fiction...eloquently written, superbly crafted" and "perfect for readers of all ages, creeds, sexes, and nationalities."

Diving into his all-too-familiar dissenter's rhetoric, Justice Scalia made "a passionate plea to vindicate Edward, that un-vivacious, oft-vexing, vixen of a vampire." Citing his long-time fascination with the undead, Justice Scalia at one point in the opinion admitted to "maintaining a library dedicated to the greats--from Stoker, to Rice, to...you guessed it, Meyer." Justice Scalia, clinging to his quirky, yet endearing penchent for self-referral in the third person, then reasoned that "If Scalia, as conservative a fellow as exists, could love and appreciate Twilight, it obviously could not fail the first prong of the Miller test. While Scalia is many things, prurient he is not." Legal scholars are already debating the viability of such a "Scalia Prurience" test.

With the future of Twilight hanging in legal limbo, critics of the five-justice decision have already voiced their despair. Some protesters (see above) have adopted rhetorical mottos such as the poignant "If Cinderella gets her Prince Charming, where is my Edward?" and the agressive "Bite Me," presumably aimed at the Roberts, Alito, Souter triad. This voice represents no small group, either. According to one protester, more than "800 billion" copies of Twilight have been sold worldwide. Countermajoritarians have teamed up with Twilight fans and reportedly called on President-elect Obama to look into new Justices that will reverse the decision...


In the meantime, these self-proclaimed "Culleneers" have already adopted Justice Scalia (pictured above with protesters) as their own jurisprudential Edward, holding his opinion up as a "Standard of Truth, Justice, and Meyer." Perhaps sensing his own impending move from the Stuffy Bench to the Sexy Crypt, Scalia seemingly relished in the opportunity his dissent provided to whip out a jurisprudential stake and make a stab at what many view as the underpinnings of the majority's decision: male anxiety.

"Roberts, Alito, and Souter are, in the layman's term," Scalia writes, "sissy pants. If they were more like Edward, as Scalia is and continues to become as his per se life winds down and his un-death begins, they would 'get more play.' This is a case not of obscenity, nor of incitement, nor of any danger; this is a case of the Honorable Twilight Player Hater."

Justice Scalia closed his decision, and the opinion, with typical artistic flair. "Scalia, the Player, the Justice, the Jurisprudential Vampire, thus dissents...with a flourish of his cape and a flash of his mighty fangs. Mwa-ha-ha."


Today, as twilight settles in over the Potomac, fans of Edward Cullen and Justice Scalia can be seen emerging from their shelters and roving the streets of DC clad in black robes, neatly coifed hair, and plastic teeth. While the gears of Justice may have ground its press to a halt, in the minds and hearts of these true believers, Twilight has not gone will never go alone into the dark.


--Bob Lawblah, Law Blog Senior Writer.

Monday, November 10, 2008

Gavel giggler

Q: What do you call a sufficiently evident Transformer?







A: Optimus Prima Facie Case!

Thursday, October 30, 2008

Quote of the Day - October 30, 2008

"I'm a lawyer, I look for loopholes."

- Jordan Wethersby, Eli Stone

Wednesday, October 29, 2008

Quote of the Day - October 29, 2008

Joy: "I'm gonna need another lawyer. It's nothing personal, it's just that I don't want to be represented by someone whose ears are only good for holding up glasses."

Doug (deaf lawyer's translator): "She said she is the lawyer that the court appointed you, and if you don't like it you can represent yourself, your ignorant white trash whore."

- My Name is Earl

Tuesday, October 28, 2008

Quote of the Day - October 28, 2008

"Objection, your honor. You can't preface your second point with 'first of all.'"

- Alan Shore, "Boston Legal"

Monday, October 27, 2008

Alexandra Cabot: Lawyer Superhero Number Nine

9. Alexandra Cabot, Law and Order: SVU

A controversial choice, we know. In a way, the "Law & Order" ADAs are somewhat interchangeable. Were you aware that so many hotties went to law school? And then became low-paid public servants? With extremely high trial success rates? We didn't, either. From Abbie Carmichael to Serena Southerlyn, Connie Rubirosa to Kim Grayleck, the L&O franchise has churned out more photogenic prosecutors than Harvard has kids with superiority complexes.

So why does Alex Cabot stand out above the rest? Well, she did take on a Columbian drug syndicate and have to go into federal witness protection. And then she left federal witness protection to testify against another baddie. And then had to go back in and assume yet another identity.

And you couldn't even earn your pro bono certificate. Tsk tsk.

Quote of the Day - October 27, 2008

Jack Woltz: "I know almost every big lawyer in New York, who the hell are you?"

Tom Hagen: "I have a special practice. I handle one client. Now you have my number. I'll wait for your call. By the way, I admire your pictures very much."

- The Godfather

Saturday, October 25, 2008

Is it just me, or does democratic Attorney General candidate Jean Welch Hill look eerily similar to Allison Janney, (C.J. on the West Wing)?

Jean Welch Hill with AG Mark Shurtleff





Allison Janney

I wonder if besides sharing C.J.'s good looks, Jean also shares C.J.'s wit:

"More people get killed each year getting change out of a vending machine than get killed in a wolf attack. Number of people killed last year retrieving change from a vending machine: four. Number of people killed by a wolf attack: zero." -C.J., The West Wing.

So, really, is C.J. Jean, is Jean C.J.? hmmm ....

Friday, October 24, 2008

Quote of the Day - October 24, 2008

Devon: (after running into traffic and getting hit by a town car) "I'm going to sue you! I'm going to sue the whole city!"

Tracy: "You can't sue me! I'm already being sued! Double indemnity!"

- 30 Rock

Thursday, October 23, 2008

Quote of the Day - October 23, 2008

Andrew Beckett:  "That's their story.  Wanna hear mine?"

Joe Miller: "How many lawyers did you go to before me?"

Andrew Beckett: "Nine."

Joe Miller: "Go on."

- Philadelphia

Wednesday, October 22, 2008

Veronica Donovan: Lawyer Superhero Number Ten

10. Veronica Donovan, Prison Break 

Biography: Veronica is the childhood friend of Lincoln Burrows and Michael Scofield.  When Linc was accused of murdering the Vice President's brother, Veronica agreed to represent him, despite the fact that her area of expertise was real estate law.   Veronica believed in Lincoln's innocence when no one else did, including Michael.  When Lincoln was convicted and sentenced to execution, she tried to get help from a group called "Project Justice," knowing that she had no appellate experience.  Project Justice turned her down, and she was basically forced to handle the case by herself.  (No, the fact that two-faced Nick offered assistance does not constitute real help.  The dude straight up tried to have her killed in exchange for his father's freedom.  And unlike Lincoln, Nick's father probably really did it.)

Why Veronica is a legal rock star:  She took a case that no one else would, at great personal sacrifice.  She became competent in an entirely different area of law in order to help her friend.  She finally solved the murder mystery, and managed to tip Lincoln off to the truth before being axed herself.  And unlike Ally McBeal, she never showed up to court in a mini-skirt suit.  Nope, not even when she was only practicing civil law.



 

Quote of the Day - October 22, 2008

"You don't want to quit me, I'm your dream client.  I'm the most fun, I'm rich, and I'm always in trouble."

- Larry Flynt, The People v. Larry Flynt

Fun Fact #31

So, I thought I'd periodically share some of the fun (and not-so-fun) facts I've learned so far in law school - in random order. Given that exams are getting dreadfully closer by the second. I thought I'd start out with IRAC. I know, I know, you're thinking that Iraq is a war-torn country in the Middle East. But, no fun fact #31 is that IRAC is not a country. It is a writing style that requires you to take complete thoughts and break them down into splinters in a way that makes no sense to anyone but a law school professor: Issue-Rule-Analysis-Conclusion.

For those of you who need an example I'd be glad to provide one.

Here is a plain English description of governmental immunity (sadly, based on a real case):

If the police ignore your mulitple pleas for help every time your psycho ex-boyfriend threatens to kill or maim you, it's OK. And don't bother trying to sue the police, when your ex finally follows through with his threats, especially if you live in New York.
You see, police are required to protect everyone, but have a duty to no one in particular. That's what Linda Riss found out after her ex-boyfriend hired someone to through lye in her face. She sued the police for ignoring her pleas for help. The New York court said, basically, too bad Linda, "there is no warrant ... to carve out an area of tort liability for police protections to members of the public."

Here is the IRAC version:

Is a police department liable to a citizen who suffered severe personal harm after repeatedly seeking help from the police to no avail?
Governmental public service agencies, such as a police departments are typically immune from liability for failing to protect individual citizens.
Governments may be liable under tort law for certain activities that provide services for public use, such as highways and public buildings. However, the Court of Appeals of New York, said in Riss v. City of New York that this isn't the case for police departments, which "protect the public generally from external hazards."
The court reasoned that because police have limited resources, they can't be expected to protect every single person, or else lawsuits could spiral out of control. The court also suggested that it would be up to the legislature to "carve out an area of tort liability."
Given this line of reasoning, it would seem that the police department owes no duty to Riss and the department is therefore not likely to be found liable for her injuries.

Tuesday, October 21, 2008

Sit Down. Stay Com.

Recently, I was privy to a conversation about being on a journal in law school. As we all know, being on a journal, preferably law review, is the only way for anyone to have any measure of success for the rest of their life. No person who failed to participate in law review ever successfully put someone’s grandmother away for selling meth, nor negotiated a settlement wherein an orphanage paid an oil company billions of dollars to keep them quiet. That’s why it surpised me so much when I heard the following phrase: “they ought to make a sitcom out of law review.”

After I reswallowed the bile that erupted out of my throat, I uttered a one word response: “That is the worst idea since they decided to put Cardozo’s drivel in textbooks.” (I’m paraphrasing. I believe what I literally said was “Mwuh? Gah?”) I really had a point, Cardozo’s writing was drivel. But I had another point as well: people on law review are not funny, even as objects of ridicule. They are merely unpleasant. Law review cannot and should not be allowed to entertain anyone on any level.

First, television is about structured expectation. There’s the likable ne’er-do-well, the wacky sidekick, the love interest, and of course, the jerk. In the case of a law review sitcom, however, we have a cast strictly composed of jerks, with the biggest jerk of all at the head. See, e.g., The Utah Law Review. There is no lovable schlub to relate to, pining for the unobtainable opposite member, guided by the misguided yet affable advice of a concerned moron. Instead, a law review sitcom would require casting David Spade in every role, something not even the ghost of Chris Farley could tolerate. For what is David Spade, without a cast of cheerful idiots with which to surround him? Simply another law review member.

Second, in a traditional sitcom, jokes follow a tripartite structure: innocuous setup followed by one normal statement, an additional normal statement, and finally something ridiculous. For example: “What’s on your grocery list, protagonist?” “Why thank you for asking, wacky sidekick! It says, eggs, milk, and the love interest.” (cue audience hilarity). In a law review sitcom, each joke would be rigidly cited using only printed sources, requiring intense research on behalf of the audience to verify its humor, the least subtle of which would be signaled cf. Cf is not funny. Unless you think it stands for Chicken Fornicator, which at least one member of the Utah Law Review has confirmed that s/he does.

If we must give yet more recognition to these most conniving, most inhumane, most… evil, dare I say it, of law students, then we should only do so via the reality format. Reality television rewards sneaky, underhanded, mean-spirited behavior. This is clearly the venue most suited to the shifty reptiles we collectively call Law Review. It also is the best way to get them to eat bugs.

Denny Crane for President

Step aside John McCain, say goodbye Sarah...there is a new Republican candidate in town...