Butterflyfish

These small hours

2008-05-14T01:18:00.001-04:00

This weekend, Clownfish, Bullshark, and I went to one of those Japanese steak houses where they cook the food right in front of you. It was my first time and I enjoyed the show -- spinning eggs, flying cutlery, volcanic onions and all. It was neat and the food was good. But Clownfish was awed. He used the words "amazing" "exciting" "excellent" "fabulous" and "scrumptious" all in one night. Pretty good for a three year old.

Today he learned a new word as I gave the little rascal a new new nickname -- he likes sneaking into the bathroom to switch off the lights when I am in the shower, closing the front door on me, hiding his shoes, and other "tricks" on mommy.

Today when I came home I asked him to tell Bullshark about his little tricks.

"Papa, I've been mischievous."

Clownfish has decided he hatched an invisible egg. Inside the invisible egg was a baby kangaroo, called Kang-ee. Kang-ee the imaginary baby kangaroo sleeps in the living room now because Clownfish bumped his head in bed twice last night because "Kang-ee was jumping on the bed." Tonight when I put him to bed, he reminded me to keep the television low so as not to disturb the invisible imaginary kangaroo.

Parenthood causes one to have the most amazing conversations sometimes.

Like this one:

Clownfish and Bullshark were playing recently with Bullshark's old Lincoln logs mixed with the ones Clownfish received for his third birthday.

CF: "Look Mommy! Papa is letting me use his Link-in longs!"
Me: "That's great! Did you know Papa was your age when he played with these?"
CF: "And that was when I was not here yet I was in your tummy right?"
Me: "Ummm . . . no, Papa was very young, so you weren't even in my tummy yet."
CF: "Oh, that's because God was still making me."

Since U Been Gone

2008-05-13T00:39:00.001-04:00

Yes I just made a Kelly Clarkson song my post title. What of it?

AI is horrible this year. I mean to folks at Vote for the Worst have been saying it for weeks, but really . . . its just bad. David Cook is far and away the best of what's left, but no matter how much Randy wants to believe he's one of the most "original ever, dog," he is just this year's angst rocker. Every season has had one -- he's just the first one good looking enough, consistent enough, with good enough song picks, and boring enough competitors to crack the top 3. I would have loved a Cook/Carly showdown in the finals.

Castro was begging to go home. May have been literally begging -- forgetting lyrics, messing with 'I shot the sheriff', and I think he mouthed to the camera 'don't vote.' I liked Syesha for about two weeks, right through Hollywood and in the Top 24 era. Then she began to bore me. Now she just makes me unreasonably angry and I really can't pinpoint why. Maybe its just that she's still there. And Archuletta ceased to be charming weeks and weeks ago.

*snooooze*

I now return you to your regularly scheduled law school angst.

Mother's day

2008-05-11T13:56:00.001-04:00

What I am doing:

Slept late.

Chatted with my mom on the phone.

Called my sister, who recently announced she is pregnant with her second child. Talked about nausea and crackers.

Colored in a dinosaur coloring book, played with dinosaurs, and did a dinosaur puzzle with Clownfish.

Planning to play mini-golf this afternoon. At the place with dinosaurs.

What I am not doing:

Thinking about exams.

Thinking about law school.

Working on anything legally substative.

That can all wait til tomorrow, when I go to finish out my externship next week.

MILS #45: Mother's Day

2008-05-11T11:04:00.002-04:00

Mother's Day . . . the best gift: exams are over

The first rule of exams... do NOT talk about the exam. Starting to Melt
Reflections on being a MILS. Proto Attorney
Signs of exam review insanity. PtLawmom

Gifts given by babies this week:

Hickey Peanut Butter Burrito
Walking LSHM
Toned legs Lag Liv
Discovering there is an adequate replacement for mommy Magic Cookie
Poetry Merits of the Case (not by a baby but too good to miss)

If you’d like to have your blog added to the MILS blogroll for weekly review or would like us to consider a specific post, drop the hostess(es) an email or leave a comment at our sites.Expecting Moms in Law School are welcome! Hat tip as always to the “original” Roundup —

Evan Schaeffer’s Legal Underground

and

Divine Angst

. And of course, to the founder of this round-up,

Saramel

(retired).

I have never been as tired as I am right now... I have never been less inclined to study than I am right now... and I have an exam tomorrow

2008-05-08T20:00:00.000-04:00

I find my ability to really focus and learn and commit stuff to memory for my closed book exam the next day really improves from 10 PM - 2 AM the night before.

At least that's the way it worked for Trusts and Estates. Though because Clownfish woke me up early, I am pretty sure I cited cases on my exam this afternoon thusly: "hey, remember the one with the guy and the kerosene fish? this is like that one, but he's less crazy..."

Classmate after the exam: Did anyone else want to argue that the testator was under undue influence by the cat?

One more exam left.

Then . . . sleep.

How it goes

2008-05-05T21:26:00.004-04:00

Classmate in lawbrary: Hey, Butterflyfish, how's admin treating you?

Me: Like a pimp treats his ho.

Also:

Got my Labor grade. Yeah, I know. The prof is a grading machine. Pounds it out in a few hours. Anyway, result: Worst. Grade. Ever.

Meh, can't say I didn't deserve it though.

Edit: Compare my reaction to a slightly higher grade, here. Yep. Times change I guess. Or to 1L exams while waiting for grades, here.

MILS #44

2008-05-04T17:43:00.000-04:00

It is up at Pt-Lawmom.

Nothing shakes one's confidence like being completely and utterly wrong

2008-05-03T20:28:00.004-04:00

I like my Admin prof. He gives classic issue-spotter exams and makes old exams available and even provides a short sketch of model answers -- they're not exhaustive, but they give you an idea of what he was expecting to see in the answers. It's a really helpful study tool for me.

Except when it induces panic.

How I spent the last hour of my life.

Open up a new practice exam question, sketch out an answer in about 30 minutes, feel pretty good about it. Non-delegation, intelligible principle, scope of review, a little bicameralism and presentment, a little Scalia humor for good measure (assessing whether commission described is "junior varsity congress"*).

Then hmmm . . . there are some sticking points in the analysis . . . there seems to be insufficient info. to come to a reasoned conclusion about some of these issues . . . and maybe I should have taken a harder look at standing instead of jumping straight to the delegation stuff . . . ah well, let's see the damage.

Open exam answer file.

WHAT THE HELL??????

This was 100% a justiciability question????

Standing, ripeness, finality, legal effects test . . .

That was it.

My issue-spotting radar is completely broken.

Then again, I am probably better at Admin than I am at taking a hiatus.

_______________________
* See Mistretta v U.S. (Scalia dissenting, naturally)

Never leave me alone with your Oreo cookies either

2008-04-30T16:52:00.002-04:00

I have no willpower.

Regular readers know I tend to leave exams feeling pretty badly, even without rational justification. I've cried over Tax (in which I did well) and Contracts (in which I did ok) and not over Family or Biz Org (which I knew I bombed and did in fact bomb).

Labor Law was a disaster . . . and I'm not crying.

This is either a sign of 2L-itis, of maturity, or insanity.

Oh well...

Going dark again.

Hiatus

2008-04-27T15:23:00.006-04:00

I don't like it when bloggers disappear without explanation. It makes me think something terrible happened, like that they were hit by a car, instead of the more likely and more mundane reason, that they got too busy or too bored to blog. I also don't enjoy blogs wherein most of the posts are a breathless "too busy to write more, but I promise to be better. . . ." This is always especially ironic when its the most recent post and yet is over a few months old. I promised myself if I ever became that blogger I'd give up the game.

I am at a blogging crossroads. I haven't liked much of what I've posted lately, yet I am not ready or willing to quit. I've been blogging regularly since May 2006 and average 20 posts a month. I keep up with a ton of blogs and spend more time goofing off around the intertubes than I care to admit.

So to keep you from thinking I am trapped under heavy furniture,* I'm stepping back for finals period. Any time I have just tried to dial back a little, I end up not doing it. Like most things in my life, I'm not good at moderation when it comes to the blog. It is all or nothing.

So, this was a long way of saying the blog comes full-stop until May 10.

See you then.

Edited to add: you know I really thought about this for a while before I wrote this post. I really wanted to do this, to step back. Yeah... it didn't actually happen.
_______________________
* Bonus points to the first reader who gets the movie reference.

MILS #43

2008-04-27T15:07:00.002-04:00

Welcome to the Weekly MILS (Moms In Law School) Roundup. It is hosted on a rotating basis between PT-LawMom and A Little Fish in Law School blogs. We aim for Sunday posts. Next week, it'll be back at PT-LawMom's place.

Sometimes we focus so much on the Mom part and less on the In Law School part.
This round-up seeks to restore the balance.

So this is law school:

Mutual antipathy with law school. Starting to Melt
Exams exhaust. Pt Lawmom
Last law school class, ever. Peanut Butter Burrito
Flashcards. Magic Cookie
3L ClassesMagic cookie
Rule against perpetuities makes these kids really need p0rn. Law student hot mama
Hooded. Proto-Attorney
End in sight. Dakota.

And just because I couldn't resist some Mommy stuff:

Something has to give. One New Duck
Another day in the life. Lag Liv

__________________________
If you’d like to have your blog added to the MILS blogroll for weekly review or would like us to consider a specific post, drop the hostess(es) an email or leave a comment at our sites.Expecting Moms in Law School are welcome! Hat tip as always to the “original” Roundup — Evan Schaeffer’s Legal Underground and Divine Angst. And of course, to the founder of this round-up, Saramel (retired).

A letter

2008-04-24T12:26:00.004-04:00

Dear Awesome Summer Employer For Whom I am Truly Excited to Work,

I am sending you this letter advising you of the following. I have received your letter confirming the terms of my summer employment. You suggested a start date of Tuesday, May 27. Unfortunately, I am slated for jury duty in state court on Wednesday, May 28. I have used my postponements already, so I must appear on that date.

Sure, I am going to show you how oh-so-flexible I am -- I'll offer to start earlier and/or work later into the summer. What I haven't told you is that I am an idiot.

See, I had to postpone last time because I was scheduled for duty during December exams. I was originally re-scheduled for May 19, which would have been fine and dandy for your summer employment schedule, but I had a mandatory journal related thing I had to do that day. So I blew my second and final postponement by asking the court to bump me up a week.

Let the record reflect that this was before I secured employment and figured if I ever did get a job, it would start in June.

So here's why I am an idiot. The mandatory journal thing is on the 15th, not the 19th. So I blew my chance at postponement AND created this conflict all because I didn't double check the date of the journal thing.

Best regards,

your-otherwise-awesome-uber-qualified-summer-associate

* * *

In the grand scheme of things, is this a big deal? Really?

No, of course not.

But I hate that I am causing "problems" before I even start.

Mostly because I haven't exactly mentioned the I-have-a-kid thing yet. Or that in mid-summmer, husband-is-leaving-for-three-weeks-so-I-will-be-solely-responsible-for-said-kid-thing yet.

Liveblogging AI results

2008-04-23T21:52:00.003-04:00

Ahahahhahhaha!! Syesha in the bottom two. VFTW must be so happy. They saved Brooke. Thinking Dred-Boy is toast.

Call from Bullshark, wouldn't it be hysterical if Carly were in the bottom two with Syesha? Ha ha yeah, that would be great.

BULLSHIT!! Calling BULLSHIT!!

Carly is in the bottom two. All right, so she's in trouble. I mean, I'm still thinking Syesha....

This is going to be like when they sent home Gina last season -- she gives her best performance, but the accumulation of suckage plus the Sanjaya debacle got her sent home. That'll be the case for either girl here. Both did pretty well last night.

Oh. Man.

Ok, commercial over.

WHAT THE F**k???

Carly just got sent home???

I mean, I didn't think she'd win it, but I thought she could give Cook a run for his money if she made the finale.

Wow. Just. Wow.

The Michael Johns thing didn't shock me... this one did.

AI Update

2008-04-23T09:45:00.002-04:00

Quickie:

Bottom three predictions: Dred-boy, Syesha, and Brooke

Going home: Dred-boy... I think the 'vote for the worst crew' will keep Brooke in one more week.

I am starting to become a fan of David Cook, though I haven't Youtubed him yet.

First time since Holloywood week Syesha didn't make me angry or bored.

Anyone think it'll be two guys in the top 2 this year? I don't think the producers will like that. But a David/David head-to-head really is possible.

Intensity

2008-04-23T07:35:00.003-04:00

I scare people, apparently.

_______________
I'd say the extra intensity comes from a series of family crises that has caused me to lose sleep, except I think I may be scary even when I'm not in crisis mode.

MILS #42

2008-04-20T17:14:00.002-04:00

It's not the answer to life, the universe, and everything, but MILS Roundup #42 is up at Pt-Lawmom's place.

Back here next week.

Curiosity

2008-04-19T09:35:00.003-04:00

I think I became a teacher because I wanted to awaken in my students the kind of interest in a wide variety of things as my teachers has done for me. Clearly, I was a miserable failure in this regard and that's why I am going to be a lawyer. But that's not the point of this post.

In fourth grade, I did a project on Saturn. It involved factoids on a poster and a painted orange Styrofoam ball and pins and paper rings. I vaguely remember it being pretty poorly done, but my parents were from the school of thought that a kid should do her own science projects. Yet every time I see a television show or magazine article on Saturn, I always read it. That silly Styrofoam ball created in me a little bit of ownership in Saturn . . . its my planet.

I'm not saying I know more about Saturn than I know about, say tropical fish, but I know more about Saturn than I know about Uranus.

I had the same experience with a project on the Great Rift Valley and Evolution. I did a minor in Anthropology in college that can be directly linked to that paper I wrote in 8th grade. I trace my obsession with Sherlock Holmes directly to my 5th grade English teacher.

There are perhaps a dozen other topics about which I continue to be curious that I can trace directly to a project I did for school. Maybe I wasn't a miserable failure as a teacher, because teachers never really know where their influence stops. Maybe that is the point of this post.

How about you? Anything from elementary school that "stuck"?

Tax man cometh

2008-04-16T12:02:00.002-04:00

Background: my brother is in his mid-20's and has never done his own taxes, until this year. (I've always done them.) He figured he'd try the free tax software on-line because he is a grad student and his taxes aren't that complicated.

An instant messenger conversation from yesterday:

Brother (4:58:15 PM): question abt taxes
Me (4:58:23 PM): sure what up
"Brother" (4:58:31 PM): turbotax says NYS is giving me a 25,000 dollar refund... thats probably wrong right
Me (4:58:45 PM): ummm yeah
Me (4:58:53 PM): you didn't make that much
Me (4:58:56 PM): right?
"Brother" (4:59:15 PM): Federal Adjusted Gross Income$10,105 Standard Deduction$7,500 Satte Taxable Income$2,605 State Tax Withholding$25,192 Total Payments$25,192 Overpayment Net Refund$25,132
"Brother" (5:00:02 PM): make sense to you?
Me (5:00:27 PM): yes you made a typo someplace ... when you typed in your w2, there is a box that shows how much was withheld
Me (5:01:22 PM): you typed in the wrong amount -- it seems to think you paid 25,192 in state taxes
"Brother" (5:01:23 PM): oh okay... let me go back
"Brother" (5:03:32 PM): 251.17 is less than 25117.00
"Brother" (5:03:34 PM): haha
Me (5:03:39 PM): ha!
Me (5:03:48 PM): glad you caught it
"Brother" (5:03:49 PM): that would have been sick to have turbo tax direct deposite that into my account though
"Brother" (5:03:54 PM): AUDIT
Me (5:03:48 PM): ummmm, arrested???
"Brother" (5:04:06 PM): ride out the statute of limitations
. . .

"Brother" (5:07:57 PM): im pretty proud of myslef... next year i will file on april 13th
"Brother" (5:08:02 PM): as i get better and better
"Brother" (5:08:31 PM): state refund 266 dollars... damnit
Me (5:08:38 PM): that's good for state
"Brother" (5:08:45 PM): its no 25 Gs

. . .

Brother" (5:18:53 PM): all i have to do is file by today and i get the bush(shit) money?
Me (5:19:04 PM): yep
"Brother" (5:19:08 PM): f yeah
Me (5:19:42 PM): good to know the economic stimulus package is what motivated you to file on time this year
"Brother" (5:19:52 PM): haha
"Brother" (5:20:07 PM): well other than that i would have called you and begged you to file an extenion and had you do it
Me (5:21:42 PM): *sigh* just like last year... thanks for the memories...

Lujan, where have you been?

2008-04-14T21:57:00.004-04:00

Its been about 15 months since I first thought about whether trees have standing and Lujan v Nat'l Wildlife. Injury in fact, causation, and redressability. Memories, like the corners of my mind . . .

I never noticed that Justice Blackmun attempted to Scalia-smack the Scalia-penned majority in his dissent. You know, the technique Scalia often employs wherein he uses hypotheticals to take the majority's argument to its most entertaining 'logical conclusion.'

Blackmun tried it -- he discussed whether a "plaintiff alleging loss of consortium should make sure to furnish the Court with a 'description of concrete plans' for her nightly schedule of attempted activities."

(This made me laugh out loud, which tells me I need either some sleep ...or some consortium.)

The only kind of "Labor" I'm in

2008-04-14T14:20:00.003-04:00

I learned the following things today:

How to do the NLRA §9(d) two-step. Do you want to know? Really? Didn't think so.

Definition of "laboratory conditions." In the labor context, it means that the workers have to have an opportunity to indicate their choice as to representation free from undue influence and intimidation. Heard the term used all semester. Never knew.

Property rights matter, except when they don't.

Free speech matters, except when it doesn't.

And this exam is going to suck...

MILS #41: Elton John Song Edition

2008-04-13T14:03:00.001-04:00

Welcome to the Weekly MILS (Moms In Law School) Roundup. It is hosted on a rotating basis between PT-LawMom and A Little Fish in Law School blogs. We aim for Sunday posts. Next week, it'll be back at PT-LawMom's place.

So I am making an effort to do themes again. I picked some of the songs because the title alone seemed to fit the post, though occasionally, the sentiment of the song itself worked too.

Elton John Songs:

I'm still standing -- (kicked while down and still strong). One New Duck

Simple Life -- (bread & cheese?). Lag Liv

Can you feel the love? -- (Mama!). Law Student Hot Mama

Come down in time -- (young bloggers look at 50). Magic Cookie & Peanut Butter Burrito

I don't wanna go on with you like that -- (this doctrine is such a tease). Starting to Melt

The cage -- (apparently, no escaping Tax). Pt Lawmom.

Hakuna matata -- (we all feel that way sometimes, no worries) 2L Wannabe

__________________________

If you’d like to have your blog added to the MILS blogroll for weekly review or would like us to consider a specific post, drop the hostess(es) an email or leave a comment at our sites.
Expecting Moms in Law School are welcome! Hat tip as always to the “original” Roundup — Evan Schaeffer’s Legal Underground and Divine Angst. And of course, to the founder of this round-up, Saramel (retired).

Sunshine and hailstones

2008-04-12T11:40:00.000-04:00

Playing "baby" with a stuffed bunny and a pre-schooler who wants to show me how good, how gentle he is with babies. And he shares his toys and sings songs and can be quiet at naptime too.
Peeing on a stick and seeing no hoped for pink line.
A loved one says something hurtful at a moment when you really didn't need that.
Standing in the shower until the hot water runs out.
And the weather is crazy.
My Saturday.

Dan Brown? Really?

2008-04-09T07:38:00.005-04:00

I read a Yahoo story (below) this morning because the headline intrigued me.

Thoughts, in no particular order:

I would be curious as to the actual poll wording. The Bible comes out as the "most popular" book. Was the question, What is the greatest/most important book of all time? Or what was the best book you ever read? I can see the Bible being the first response to the former, but maybe its just my brain, I probably would not have thought of it as a possible answer to the latter. Could be just me.

For #2, I get the GWTW/LOTR/HP responses. I'll even give you Steven King, though I've never read him myself. But Dan Brown?? Twice in the top 10??? What????

All right, I didn't read Angels and Demons. But I read Da Vinci Code. It was a good yarn, a rip-roaring fast read, and I enjoyed it at the time. But I didn't like it enough to go pick up everything the author ever wrote -- and I do that with most authors. And I would never read it again. Its in the same class as an early Tom Clancy, a good Grisham or Baldacci or Patterson to me -- books that I'll pick up, read in a summer's night, and only vaguely remember.

To me, a truly great book is one you want to read over and over. One you'll pick up in the middle and read to the end on a whim. Or one that you would recommend to a good friend, but buy her her own copy because you can't bear to give up yours. A book like that would be in my top 2 or top 10. And I can't imagine anything by the author of the DaVinci Code, let alone that book itself, making anyone's top 10.

Gotta get going. End rant, I guess.

The story, because if I just linked to it, it would be obsolete in a day:

NEW YORK (Reuters Life!) - When it comes to literary pursuits in the United States most people agree on at least one thing -- the most popular book is the Bible, according to a new survey.
It came in first in a Harris Poll of nearly 2,513 adults but the second choice in the survey was not as clear cut.
"While the Bible is number one among each of the different demographic groups, there is a large difference in the number two favorite book," Harris said in a statement announcing the results.
Men chose J.R.R. Tolkien's "The Lord of the Rings" and women selected Margaret Mitchell's "Gone With the Wind" as their second-favorite book, according to the online poll.
But the second choice for 18- to 31-year-olds was J.K. Rowling's Harry Potter series, while 32- to 43-year-olds named Stephen King's "The Stand" and Dan Brown's "Angels and Demons."
Picks for second-favorite book also varied according to region. "Gone With the Wind" was number two in the southern and midwestern United States while easterners chose "The Lord of the Rings" and westerners opted for "The Stand."
Whites and Hispanics picked "Gone With the Wind" as their second-favorite book after the Bible, while African-Americans preferred "Angels and Demons."
"Finally, they may not agree on candidates, but one thing that brings together partisans is their favorite book. For Republicans, Democrats and Independents, the top two books are the same -- the Bible followed by "Gone With the Wind."
Dan Brown's "The Da Vinci Code," "To Kill a Mockingbird" by Harper Lee, "Angels and Demons" by Dan Brown, "Atlas Shrugged" by Ayn Rand and "Catcher in the Rye" by J.D. Salinger rounded out the top 10 favorites.

Journal survey

2008-04-07T22:42:00.004-04:00

The saying goes, "if it ain't broke, don't fix it."

I am not so convinced the journal eligibility system we have is "broke," but there was a lot yammering today regarding how to go about fixing it. Not so much for Law Review, but for the other journals that have staffing problems.

We do mixed walk on / write on. Small per cent walk on, large per cent of class eligible to write on. For the write-on, its an all-journal competition, with Law Review getting first pick. Other logistics were up for debate as well, such as whether or not to end the suicide pact . . . er, three-day weekend approach and give the students a week. And if we extend it, whether or not to add a more extensive Bluebooking component.

Anyone on other journals elsewhere have input?

MILS #40

2008-04-07T11:51:00.000-04:00

Its at Pt-Lawmom.

Back here next week.