Author: Hoplite0352 (Page 14 of 27)

The Learned Sergeant’s Law: Constitutional Law Analysis

The first question to ask when a person asserts that X is/is not in line with the Constitution is whether or not they are actually saying that X is/is not in line with Supreme Court precedent.  These are two very distinct concepts.

Put more simply I suppose you can narrow this entire statement down to: Madison ≠ <insert Supreme Court Justice>

Keep this in mind tomorrow when the Court affirms ObamaCare.  It is wildly unconstitutional.  However, there is plenty of good precedent to uphold it.  As I said some weeks ago, Sharia Law is the Commerce Clause’s bitch.

In reality it’s pretty much 50/50 at this point as to how it’ll turn out.  My money says that they strike down a few parts to placate the firebrands *cough* but the individual mandate will in fact be upheld.  But I’m sufficiently jaded that I haven’t put much thought into it.  They can take my money, but they’ll never take my freedom time to read a massive .pdf.  (Hint:  yes, they will)

Bar Tally: 207 Hours

I’m a Wuss

I’m throwing in the towel short of reaching my objective. It’s 0320.  I damn near feel like I’ve been in the field.  But damn I am happy.

 

An Incredible Specimen

I spent 3 hours yesterday studying the law of Evidence in a strip club.  I decided a break was due and after putting in about 5 hours of bar study went to go see Seether in concert with some good friends and my gorgeous motivator of a girlfriend.  I didn’t even realize it, but I ended up witnessing the Crime of the Century:  Bush opening for Nickelback.  It was wrong for Seether and My Darkest Days to open for Nickelback, but seriously, I feel personally insulted to see Bush open for Nickelback.

I didn’t even realize Bush was going to be there.  So when they showed up I was about as happy as a man can be.  The girlfriend looks at me confused.  She’s never heard of Bush.  I don’t know if that means I’m doing something right or wrong.  Poor thing.  I cannot explain how awesome it was pretty much getting to hear Sixteen Stone live.  Hell, I was 14 listening to them when they came out.

Getting back to the main thrust of this post, my ride back decided they were going to the strip club.  I’ve been putting in ~12 hour days for more than a week.  I do not have the time to go to the strip club.  So I load the books, find a reasonably quiet place to study and re-re-re-review Heresay Exceptions.  I think this unprecedented display of discipline should earn me an extra 100 points on the Bar Exam.

Bush.  Gavin Rossdale covering “Come Together”.  Glycerine, Everything Zen, Machinehead, Comedown.  Seriously, how cool is that?

Bar Tally:  192 Hours.  It’s 0401.  I wrapped up about 20 minutes ago to get this post off before bed.  Gotta get up in less than 4 to get my little motivator off to school.  I’m driving hard.  It feels great.  I am so damn happy.

Video Dump, you win! Very NSFW with some of the lyrics kids.

I Can’t Never Get This Stuff Right

Bar Study has exposed a weakness in my head.  My ex-wife used to say, “Don’t forget to X.”  I had read somewhere a few years ago that the brain doesn’t respond well to negative statements and a trick to avoid forgetting things was to avoid negative terms.  For example, in the above statement, some weak minded people like myself and my friend here will not process the negative statement well and read it as, “Wa, wa, wa, forget to X”.  So we forget to X.

Well, I’m finding the same problem is happening with multiple choice questions on the Bar Exam.  The questions I have the hardest time with will generally give you a very long fact pattern and then ask something along the lines of, “If the court agrees that Joe Schmoe does NOT have a life estate at the lap of luxury it will be because which of the following statements is FALSE?  Then the answer will be something like, “The Hutch CAN’T make this devise in his will because it violates the Rule Against Perpetuities.”

My brain can’t handle the negatives.  When I review a lot of the questions I miss, a great many of them I actually know the answer to.  But even in simple instances when it asks me which answers are false, my brain stares at the answers struggling, because I only want to look for answers that are true.  So I click on answers that are true knowing full well that they are true because my brain refuses to accept clicking on an answer that is a false statement.  So when you throw double, triple, quadruple negatives, well, trouble ensues.

Bar Tally: 138 Hours

Can a Man Be More Excited About a Book?

I’ve been wanting to read this since I was a teenager.  Good fortune has landed it into my possession.  I’m amazed the girl I got it from had this diamond among her for years and never cracked it.  It is killing me to study for the Bar with this thing staring at me.

 

Bar Tally:  115 Hours.

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