What I am learning in law school

      This semester my school cranked up the heat for us ILs by requiring us to take an additional class. Now my weekly course load includes: Civil Procedure, Contracts, Property, Torts, Legal Research and Writhing (Global Lawyering Skills GLS) and Criminal Law. Over the past few weeks I feel like I have been learning some very transferrable life skills, some technical legal skills that will only be applicable in my life as a lawyer and learning about some laws that make me very sad/angry/frustrated.

Transferrable Life Skills

Recently in Property we have been learning about leasing and buying real property (land/houses). I have been paying close attention because I realized I know next to nothing about that topic. I have leased residential property a few times in my life but I certainly did not take a close look at the lease to learn my legal rights and responsibilities. I realize now that a more careful read of a lease could protect me in the future as a renter, and that if I need to, I can even negotiate the terms to get a better deal (not necessarily in price, but it terms to security and amenities). And, when the time comes, I am equipped with a basic understanding of buying property. I know the basics of how the sale of real property works from purchase agreement, to examining the title, to mortgage and closing. I understand the fundamentals of what types of deeds and securities exist and which ones protect the buyer the most. It is nice to know that when Tim and I buy our first home we will be coming into the process armed with substantially more know-how than many first time home buyers so we will be able to make sure we are getting a good deal and will be safe from problems down the road.

Technical (read: boring) lawyerly skills

If I tried to explain the complex rules of submitting a pleading to court and what one must disclose at the discovery phase of a trial, I would bore you to sleep.  However, these are crucial skills that I am developing in my Civil Procedure class. This week, we are participating in a simulation of the discovery phase and I may have the opportunity to conduct a mock deposition. The technical rules are complicated but the rules of procedure are so important for a good lawyer to know to make sure that the client doesn’t lose their case on technical errors. Although the class is tedious at times, I feel like I am being well prepared, not only to pass the Bar exam in a few years, but also to earn the (hopefully) big bucks that people pay for a top notch attorney who can work the rules of procedure to conduct an efficient trial from the initial filing of the complaint, through discovery and all the way to the judgment.

Laws that Make me Mad

I have unaffectionately dubbed last week, “Rape Week” at school. In our criminal law class we focused on rape law and read case after graphic case illustrating the complex analysis of rap law. It was so upsetting to read detailed descriptions of these horrible, brutal sexual assaults. As I read the cases, I tried to focus on the law but it is hard to read those cases without thinking of all the beautiful women I know. It was hard not to imagine each cousin, friend and mother in the place of the women in these cases. The infuriating part was two-fold:

First, rape law is in need of serious reform. Each jurisdiction has a different definition of the crime of rape. The most common similarities are that the prosecution must prove that the intercourse was done with “force” and/or “without consent”. Now, most young women I know have heard the quip, “No means no”. Well, it turns out in many courts, even if a woman says no, she might still not be able to win on a conviction of rape because she cannot prove “forcible compulsion”. The opinions I read brought in supporting facts from the surrounding circumstances to try to prove that the women consented. Facts such as; she went into his dorm room willingly, she was murmuring “no” passionately, she didn’t scream or scratch or run away, therefore she must have consented. Those of you who know me, can anticipate why this makes me so mad. What happened to “no means no”?!? Rape law today often requires victims of the most invasive, degrading crime to stand up for themselves. If a woman were robbed, we wouldn’t be asking why she didn’t stand up to the robber and defend herself. Yet we do with rape.

The second thing that made me just sick to my stomach, was listening to some of my classmates adopt and defend this position. I am slightly embarrassed because at the end of Rape Week, I couldn’t play nice anymore and so I jumped up on my proverbial feminist soapbox and spoke out in class. The gist of my position was that we should have a criminal system that does not require the victim to magically produce evidence that proved her subjective mindset that she did not consent. Instead, we should shift the burden to the defendant and ask him, what led him to believe that the intercourse was consensual. I know it flies in the face of the traditional process of criminal justice to place the burden on the defendant, but frankly I would like to hear how the defendants in rape cases can justify why they thought the sex was consensual when the victim was crying, or muttering “No, I need to leave” or asking questions like “If I do what you want, will you not kill me?”. These were examples from actual cases that we read and some of my classmates tried to argue, with these facts, that there was not enough evidence of force to find a conviction of rape! Seriously, what the hell?!?

Despite my frustration, I am glad we engaged in these conversations. I know there were men in my classroom who had never heard some of the counter arguments that I, and some other of my colleagues, were espousing in class. Our assigned reading consisted of some brutally honest feminist scholars discussing rape law reform with much more authority than I can. I think it was good for all of us, young attorneys to-be to gain insight to different positions from those that we were familiar with growing up.

Whereas I am unfamiliar with issues regarding buying and selling real property, I certainly had my fair share of exposure to women’s rights issues growing up in a feminist community in Santa Cruz. And, as my mom and I have to remind ourselves often, not everyone was raised in a women’s circle. So, perhaps my colleagues may be more familiar with discussions of estates and trusts than women’s rights, but we are all learning and filling in the gaps in our experience to become well rounded, level-headed legal scholars. Little by little, week by week. I hope. 

If you want to stand up against violence against women, check out One Billion Rising:

ONE IN THREE WOMEN ON THE PLANET WILL BE RAPED OR BEATEN IN HER LIFETIME

ONE BILLION WOMEN VIOLATED IS AN ATROCITY

ONE BILLION WOMEN DANCING IS A REVOLUTION

On V-Day’s 15th Anniversary, 14 February 2013, we are inviting ONE BILLION women and those who love them to WALK OUT, DANCE, RISE UP, and DEMAND an end to this violence. ONE BILLION RISING will move the earth, activating women and men across every country. V-Day wants the world to see our collective strength, our numbers, our solidarity across borders.

What does ONE BILLION look like? On 14 February 2013, it will look like a REVOLUTION.

ONE BILLION RISING IS:

A global strike
An invitation to dance
A call to men and women to refuse to participate in the status quo until rape and rape culture ends
An act of solidarity, demonstrating to women the commonality of their struggles and their power in numbers
A refusal to accept violence against women and girls as a given
A new time and a new way of being

Hey, January. Where ya goin?

Just Toast, being adorable!

Dear January, so you’ve decided it time to move on already huh? Gotta make way for Febuary you say? Well, I can’t say I’m sorry to see you go. Not that you have been bad, really. Just a little cold; frosty actually. In fact, I did resent having to de-ice my windshield every morning. And sure do appreciate being able to feel my toes again. Toast is especially looking forward to spring so she can enjoy sunshine in the back year, walks and trips to the dog park. So, go ahead January. Off you go. Ciao, adios, go long yuh way.

So far, 2012 has been keeping us busy but has ben full of fun too. Tim and I both started a new semester. Tim is assigning two books to his students this semester, Night and The Kite Runner. He is enjoying teaching his students how to be critical readers and thinkers. Although Tim loves his students and is so passionate about helping them learn to love to read, this semester hadn’t been a calk walk for him. The administration at his school has very high expectations and is primarily focused on test scores rather than holistic education. I know they are placing unreasonable expectations on him and rarely give him positive feedback. I try to make up for it, but Tim knows I am biased. He is truly a dedicated, thoughtful and caring teacher. That damn school is lucky to have him.

            As far as law school is concerned, this semester began with some good news and high expectations for me too. The good news is I got my grades back and I am pleased to say that my hard work paid off. I got good scores all around and was especially proud that I earned the top grade in my legal research and writing class. So, that was great! The workload for this semester is already in high gear. The school requires 1Ls to take an additional class, Criminal Law, this semester. And on top of the new class, all my professors have been assigning us more reading, more projects and more memos to write. It has been hard to keep up but I am miraculously making it happen. Almost on a daily basis though I wish for one of those time-turners that Hermione had in Harry Potter. 

            I am also starting to make plans for the summer and that has been a bit of a time commitment too. I am applying to a very competitive Fellowship program that places first year law students to work as (paid!) interns in 15 of the top law firms in Sacramento for 10 weeks. It is an amazing networking opportunity and chance for me to get a type of hands-on legal work that is rare for first years. Keep your fingers crossed for that for me. If that doesn’t happen, I’ve got my resume updated and looking fancy and I hope to land an internship that will let me work only part of the summer and, for the other half, I’ll participate in the 3 week comparative international law program that is held in Antigua, Guatemala. Either way, things should work out. I am just staying busy getting all my ducks in a row. 

            Neither of us are too busy, however, to have a little fun now and then. We have been having so much fun with little Toast (although we can’t fairly call her little anymore!). She is finally finished with her puppy vaccines and we took her to the dog park for the first time over the three-day weekend. She had so much fun chasing other dogs and sniffing all sorts of new smells. It was great to socialize her and see her play nicely with other puppies. Tonight we are going to a Sacramento (soon to be Seattle) Kings game, which should be fun. We got free tickets from a coworker of Tim so we thought we should enjoy having a pro-basketball team in our town while it lasts. We have some other fun things in the works, like tickets to see Wicked in SF, a coupon for wine and chocolate tasting we need to cash in on, and movie coupons we got for Christmas that we are looking forward to using. 

            All in all, good things happened in January. But I’m not sad to get it behind me. Did I mention it has been cold. Yeah. Freezing. I am looking forward to watching Sacramento turn into spring, working hard and enjoying life. I am feeling very blessed.

 

Good-bye 2012...HELLO 2013!

The setting sun at Sea Ranch

Our vacations are coming to an end. School and work are just on the horizon. But it should be a good year.

My first semester of teaching ended on December 21^st 2012. It was an 11^th hour day with students coming in and out, making up work they had plenty of time to do during the semester, while grades and data analysis were supposed to be done. I had big plans to leave in the early afternoon head off to The Sea Ranch for some R-and-R, and then enjoy my vacation, but this was not the case. I was in my classroom until 5 or so, and then left with still work to do; however, luckily, the admin extended the due dates for our grades and analyses until December 26^th.

I finally finished all my work on Christmas Eve, and haven’t really thought if it since.  But it was a great holiday all the same.

Chelsea had finished school earlier in the month, and she was stoked. She visited her mom in Santa Cruz and on the 20^th went up to prepare for our vacation at Sea Ranch with Emily and some of our friends. I came up the next day, and our long lost, Chicago-dwelling, friend, Dave, showed up with his wonderful boyfriend, Al, later that night, while Stephan and his girlfriend, Taylore, were there, as well as Eltgroth for a quick spell.

Chelsea, Brang, and Al

It was just what the doctor ordered. Plenty of conversation, arts and crafts, hikes and hot tubs.  We weren’t there for too long, since we agreed to spend Christmas Eve with Chelsea’s Oma in Santa Rosa.  (Which was probably one of my most favorite Christmas Eve/Christmas celebrations to date. )

Arts and Craft Project

This was only the beginning of our whirl-wind trip. 

After Santa Rosa, we had to pick our puppy in Sacramento, then head off to Santa Cruz to visit with Victoria and then Nana in Carmel. It was a quick stop, but really, really delightful. We had a great day with Nana, eating brunch, conversing, and then had an amazing dinner at this dog-friendly place called Cypress Inn in Carmel. 

After which, we made our way to Southern California to stay with my dad and visit my mom and brother, niece and friends. It was the first time we had been back together with my family since we left in July. The weather was perfect, our friends were all awesome. (Go Llew and Tom, I can’t say it enough, you guys rock! And I am so happy for your burgeoning family!) It was great to see my cousin, whom I’d thought we’d miss, but we stayed an extra day so we caught him.

The furthest South we traveled to was Pasadena (no San Diego this trip :(  not this time at least). We spent our New Year’s Eve and New Year’s day in sunny Pasadena. We met up with some of our San Diego/LA crew then walked down Colorado Blvd before the Rose Parade to see all the people who were camping out the night before. It was pretty neat to ring in the New Year on the streets, but I was happy we had an apartment to stay at nearby, rather than camp in the cold. The next morning, we saw a bit of the floats, then spent the rest of the day in relaxation and bid farewell to some of the friends we won’t see for a few months and headed back to Oxnard.

Wisconsin's Rose Parade float

We returned home to Sac a few days ago and have been prepping for work and school and getting our house ready for this positive 2013 year ever since. But this year, of course would not be complete without a list of some sorts, so here we go for the highlights of 2012, in no particular order, and some hopes for 2013.

Goodbye 2012:

•   Returned home from the Peace Corps
•  Decided to spend, at least, the next 3 years in Sacramento
• Got my first permanent teaching job; with benefits!
• Started Law School, and finished the first semester
• Got Toast!
•  Got a new car

Hopes for 2013:

• Finish first year of Law School and start the second
• Finished first year of teaching and start the second
• Take a big trip somewhere (Hawaii, Chicago, New York/Boston/D.C., or Zurich?)
• Study abroad in Guatemala
• Stay positive and take care of ourselves
• Minimize stress! 

Anyway it was a great year, but I know this coming year will be full of more change and exciting things! 

Sea Ranch glories

More Sea Ranch Scenery

Walking back from the Rose parade

Law School Exams Round 1: TKO?

Toast is an excellent study buddy. Although she wasn't very into Civ Pro, she does do a good job of keeping me warm.

Reflecting on my first round of exams I honestly have no idea if I rocked them or they knocked me out. Physically, I feel more like I have been a punching bag for a pro boxer and I am the one who got knocked out. My body is sore, my brain hurts and I am exhausted. Okay, so maybe I am being a bit over dramatic but law school exam aren’t easy and it is really hard to tell how I did (and I won’t know until grades come out in January!).

For those of you who have never gone through the agony of a law school exam period, here is how it all shakes down:

After a grueling semester of having my brain stuffed to maximum capacity with rules, laws theories and cases, I was set free before Thanksgiving to “study” for exams scheduled for December 1^st, 4^th, 7^th and 12^th. The feeling of having no structure, no classes to go to, no assignments to read, no schedule, was terrifying at first. I had very little idea of how I was supposed to prepare and study for the exam.

I had been advised to put together outlines for all my classes. This is the basic law student method of prepping for exams. Outlines are basically annotated class syllabi. Mine were usually about 20 pages long and described, in detail, everything we had learned all semester. All rules, theories and cases with notes in the margins with all the hypotheticals that my professor presented in class thinking they might rear their ugly heads on exams (and they did!). Law students make a big deal about their exam prep outlines, comparing them to each other’s in length and competing over who was “done” with their outline first as if it was a race. I personally felt that my outlines evolved up to the last minute. I wrote the basic structure, but as I reread material, had study groups with friends and compared my notes to supplemental material, I found that I added and updated my outlines and I think this method worked for me. I was glad that I had basic outlines finished by Thanksgiving and I think I will try to do more to piece together the structure of the outlines during the semester next time around.

During the weeks before and during exams I had to be very diligent. I booked study rooms in the library (private little boxes that seat maybe 4 people, where you and a few study buddies can study without being bothered and chat without bothering others) to get me motivated to get my butt out of the house. I made flashcards and practiced them with my classmates and my patient, loving husband (who now may know more about the subject matter than some of my less diligent classmates!). I took practice tests read sample answers. I reread course material and supplements and other peoples outlines. I was working, generally, from 9am-9pm daily (with a lunch break and break to walk the dog in between).

Studying for exams was exhausting and taking them was even worse. Because I get testing accommodations for my dyslexia, I take the exams in the library. Alone. I miss out on taking exams with my peers so I don’t get the traditional experience of being crammed into a room full of 75 stressed people, typing frantically, sighing and groaning and generally freaking out. Instead, it is just me in a room, with the proctor right outside for 4 hours! The exams are excruciatingly long and complicated. The first 2/3^rds of the test is a written essay that usually encompasses more than five issues that we covered during the semester, wrapped into a hypothetical case. We are supposed to give the hypothetical client advice or advise the judge on how she should rule on the matters before us. Under time pressure, I found it very difficult to address every issue thoroughly and, because the exams are closed book, I was often nervous that I might have misstated a rule of law. The second portion of the exams are multiple choice questions. I hate multiple choice questions! I never feel like I can pinpoint the perfect answer and sometimes feel like I am choosing the second best. Multiple choice questions will be my biggest challenge I think so I have to work on how to get better at them next semester.

Out of the four exams I took, three of them were challenging but manageable. I felt decently prepared and am reasonably confident that I passed. The third exam I took however, was the most awful, horrible, demoralizing hurdle of my academic life to date! Taking the Civil Procedure test felt like what I imagine sitting in the room in Sartre’s No Exit felt like. I was full of self-doubt and felt like there was no happy ending in sight. The exam tested on the most obscure topics we barely touched on during the term, the questions, even multiple choice required an in-depth analysis of complicated rules. For this exam the Prof gave us a 30-page packet of statutes and federal rules to reference. The good thing was we had the rules in front of us. The bad thing was he expected us to use them in precise legal analysis in a tiny tiny amount of time. After the exam I felt like I had gotten hit by a bus! And I was not the only one. I heard that the exam made some of the smartest people in our section cry. Literally. People who I respect, admire and view as some of the top students in my class afterwards were saying they weren’t sure if they passed. Yikes! I am just glad it is over, although I may have ptsd flashbacks in my dreams for a while now.

During exam time I was SO amazingly grateful for Tim! He took sole charge of many of the responsibilities that we usually share. He cooked and cleaned and took the dog out. He did grocery shopping and stayed up late to do flashcards with me. He gave me my space when I needed it, encouragement and hugs when I needed them, listened to me rant and cry and put up with my short temper and other stress-related nastiness. He deserves a gold medal for being so supportive! How did I get so lucky?!

Now I am 1/6^th of the way done with my legal education and on vacation! YIPPEE! I am sitting on my couch, with Toast curled up next to me, for once not thinking about laws! Yay! My plan for the vacation is to get my house in order because I have not been very dutiful about staying clean and organized during finals. I am going to put on good music and clean and organize (which is not a chore when I am in a good mood and something that I actually like to do, yes, I am a weirdo!). Then, when Tim is done with his school term, we are heading up to Searanch for a getaway and then spending Christmas and New Years with family and friends! After this break I can go back to next semester refreshed and ready to do it all over again, this time with more wisdom and experience under my belt.

Happy Holidays!

I took a quick study break to go to a Christmas Fair in Coloma, the historic site of Sutter's Mill, heart of Old California gold country! Good times with good people! 

Nor Cal Love

Our street festooned with fall glory!

So I’ve been a little MIA lately and Chelsea has been writing all the posts but it’s all good, she has covered tons of stuff.

I wanted to pop in really quickly and post some thoughts of living in Northern California. I was born in SoCal and in my heart I thought I’d always be a Southern California boy, but the more time I spend up here experiencing all the seasons, from scorching summers to chilly, drizzly falls (so far), I am quickly falling in love with the place.

I came to Sacramento with little expectations, knowing that we are back home in the good ole’ USA and we’d make the most of it. But as I wander the grid-like streets, through tree-lined avenues and watch amazing sunsets I realize I didn’t do Sacramento justice. It’s a great town not too big, not too small and in the middle of everything. We can go east to Lake Tahoe, or we can go west to San Francisco. Moreover, Santa Cruz, Santa Rosa, Napa valley, and Sonoma are a couple hours away. If we wanted to go on a hike we could hit up the rivers, the mountains, or the parks nearby. So many options and I think we need to experience them more.  

For example, this last weekend we went to Santa Rosa to celebrate Stephan’s 21^st Birthday. We drove up and down the Dry Creek Valley hitting up 5 wineries. We even were able to visit a winery we tried at the Santa Rosa Harvest festival early in October. It was a whirl-wind weekend but all the great wines we tasted made it worth it.

I will try to post more as we continue this new adventure, but for now sit back and enjoy some photos of picturesque Northern California.  

The bridge that crosses into West Sacramento over the Sacramento River

Fall came in full force the other day. Leaves were strewn everywhere.

Some beautiful shots of a winery in the Dry Creek area

The colors are simply amazing

My new dream: own a vineyard, just so I can wake up to this scene every fall. It is really, really awe inspiring

The fam for Stephan's 21st!

Sequoias in Santa Rosa. I love it.

Truly majestic beings, these trees.

So we went on a hike, this is what we saw. Takes a bit of a walk to get this view in So Cal.