Japanese Proverb

Fall down seven times, stand up eight.

Sit on a log theory of learning

Sometimes I miss that part of lawschool. Having no client to answer to you can really sit and think about outcomes free from bias. I had an "old" friend from my lawschool section this week. She had an interesting will issue we discussed. The will was drafted like a good law school exam. There was an incorporation by reference issue, a might-be rule against perpetuities problem, there was an executory promise made by the testator, that was completely unenforceable, all of the persons appointed as PRs had conflicting interests... Just the kind of will I strive not to draft. Anyway it reminded me how much I liked that process.

John Doe Modern Style

I am sure you have seen it. Heck I know you have Roe v. Wade is a great example. To avoid privacy concerns a name is changed to Doe in a court case or in the famous example above Roe, but this is a new twist!

http://seattlepi.nwsource.com/local/6420AP_WA_DNA_Charges.html

Not knowing the name of a rapist, the Prosecutor files using a DNA profile instead of a name. How bizarre, but creative! No statute problems for me.

Ahoy Matey! Happy Talk like a Pirate Day

I love this random, and not widely observed holiday!

http://www.talklikeapirate.com/about.html

Why is it?

Why is it that when people are in legal disputes they all envision it as a time to get rich, or screw someone over? I don't understand why reason and fairness leave peoples minds completely. I know this sounds harsh. It does I admit it. Mediation (and therapy) would work so much better in so many civil cases rather than what is our adversarial system. It would also be cheaper in economic terms. Just my two cents.