Sunday, November 13, 2005

heading into the steep finish

We have one month to go. I must learn to pace myself, because my head already aches; I am weary and the few breaks I make are to cook dinner and to take George the pug on a walk (http://www.puggerpics.blogspot.com) . I spent friday outlining property and saturday outlining criminal and Sunday writing my legal writing memo. We are heading into the steep finish and this is the time to be able to work effectively and still maintain a bit of perspectived, and so my perspective this week comes from a moment of fun from my studies (this ought to show you what I see as fun). As I was writing my memo, I was in the section where I was making the arguments for the defendant in a case of "improper seizure" where the defendant was hoping to surpress evidence based on a violation of his privacy and the prosecution was arguing that the the seizure was warranted based on police officer safety concerns. The details are not important. What was important was that as I was arguing for the defendant, even though I had initially seen the case as clearly weighing heavily in favor for the prosecution, I began to see the validity of the defendants side, or if not validity, I began to see the possible arguments that could be made. Not only have I heard this is what one is supposed to do, but it added a new debth to the arguments that I really wanted to make because I was anticipating the possible holes and defenses that I would have to make. (these entry really sounds like an "arn't I so smart" entry, but after 12 hours of work on a project, you take whatever pleasure you can get out of this process of learning. This also makes me think that I have been on the computer to much today and I am going to keep this one short, so here is the quote for the week again by Learned Hand:

"To be pulled in many opposite ways at once results negatively, but it is not the same thing as to feel no impulse at all. An ass between two bales of hay is said to have died of starvation, but not from indifference." P. 10, Class-Day Oration, (1893).

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