Administrative Law with Prof. Bush

This post along with the many that are fluttering around my head is long overdue. One of the things that I promised I would do on this blog is give you the reader (note the singular for a reason….) my two cents on the classes I take and law school in general.

First the course: Alright, I don’t know why Administrative law isn’t on the bar and why it isn’t a course everyone is running to take. Perhaps the fact that the reading is quite onerous and tortured. There’s a thought. Nonetheless I think that the material we covered in Administrative law was so painfully interesting (painful here was not used lightly) that you couldn’t help but be interested in the stuff. The fact that almost anything you deal with these days runs through some quasi-adjudicatory forum such as administrative law courts makes me wonder why the masses aren’t clamouring for this class. I’m thrilled to bits I took it. Between the Admin law class and trying to write-on for law review, I almost sold my soul, almost discovered barbituates and a host of poor health practices that I am glad I didn’t turn to. Such was the nature of my Summer. Something I have regrettably come to terms with since skipping summers isn’t really an option but I’m trying to make it so in 2008.

Interesting tid-bits of Admin Law, is: if you’ve got to deal with the FTC ( and if you’re in any kind of business, you always have to deal with the FTC) or if you pay taxes to the IRS ( and if you’re into those schemes those guys on the internet sell, you’re already too far gone) or deal with any kind of regulatory agencys (like the FAA, EPA, FCC and other equally ugly government acronyms) you need administrative law.

What’s sad is that city councils, home owners associations and the like all don’t pay enough heed to the principles of the Administrative Procedures Act (APA) because if you make rash ill-thought decisions not based on the record or propose and impose rules without due process, the lords of Admin law will come a-bustin your chops. Don’t say I didn’t warn you!

I will say Prof. Darren Bush, did his best to teach this class. Arguably the Punniest professor I’ve had so far. Also the only professor to do a real review of the class that one could actually use instead of the “ask me a question and I’ll answer it” format for class review that pervades academia.

Will warn the masses that he has a curious exam methodology. You get the exam questions a few days before and can even answer the entire thing but you can only bring your answer outline in with you besides any other text etc. Different. Made me sweat for 3days working on the thing. More like 2 days because I didn’t even go past reading the thing on the day I got it. We’ll see it all turned out soon enough.

To summarise: Would I take Admin law if I could do it over again? Yes sir/ma’am.  Should you? You’d be a fool not to.

Cleavage Cacophony

So I’m sick of this incessant talk about Cleavage-gate and the non-stop press about a one-off incident of a dipping neckline. Gosh, America is so prudish. On the one hand we have Hustler and Playboy and Girls Gone Wild, yet a peeping breast, let alone a protruding one sends the whole nation in a FCC-phoning and complaining tizzy and a media frenzy. There are some good men and women being thrown into the Iraqi version of Hamburger Hill and we don’t spend our time thinking about how we can get them safely home. But the media goes ga-ga over a sexegenarian’s breasts. There ends the future of the Fourth Estate.

I think Jay Leno put it best when he said, “Those are not the boobs in Congress you should be worried about!”

Too true Jay, too true.

Another way for justice to go blind

In another case of “I don’t know whether to laugh or cry” with regards to the legal system, we have a sherrif in Florida seeking prosecution of inmates for indecent exposure etc. who were err ’shaking hands with mr. happy’ (as Robin Williams once called it) in their cells.

The author of a Miami Herald article on the case, Fred Grimm, put it best when he said “It’s no longer enough to warn hairy-palmed drooling deviants that self-indulgence risks stunted growth, blindness, sallow skin, slackened jaws, amnesia, shrunken testicles, impotence and, for Catholics in particular, eternal damnation”

Brings a whole meaning to the notion of someone who selectively prosecutes being a total wanker (All apologies for the horrific pun).

300: The Law School Edition

 Discovered while cutting through the 1L study carrels at the UH Law Center. You have been forewarned incoming 1Ls!

Spartan Warning

The Trials of Law School

Porter Heath Morgan’s ‘The Trials of Law School’ caught my eye when Gilman gave me a head’s up about it. It chronicles the roller-coaster ride that is the law school experience and I think it is going to be fascinating. Watch the trailer and I’m sure you’ll be just as keen to see it as I am. It premiers at the 2007 Dallas Video Festival on August 5th. http://www.videofest.org/film.aspx?id=198

Had it been any other day I would have driven up to the Big-D and checked it out but alas I’m in the throes of an impending Administrative Law Final and movie watching isn’t meant to be. I hope Porter makes it big and then can do what us law school students dream about all the time, leave the law far behind us!

Boxer or the Bag: Lily Ledbetter speaks!

The case I had to comment on for the Law Review write-on was Ledbetter v. Goodyear (127 S. Ct. 2162) which is essentially a gender discrimination case gone awry because the lady didn’t know she was being discriminated against for a very long time. Goodyear just paid her less than the men who did the same job and after years of diminshed pay raises Ms. Ledbetter ended up with a salary that was close to half of what the men were getting. The Supremes busted Ms. Ledbetter on a statute of limitations issue which was rather horrid. In fact in my paper I called the Supreme’s reasoning, ‘a bacchanalian feast of tepid reasoning’. I frankly thought that she probably would have lost on an evidentiary basis. And if anything that’s the way you should lose. Congress is in the midst of debating an amendment to the civil right’s act that says if you continue to pay someone based on a discriminatory pay decision then every paycheck constitutes a discriminatory act. It’s affectionately called the Lily Ledbetter Fair Pay Act of 2007. Obviously the Bush administration has threathened to veto.

I didn’t realise how much of a feminist an egalitarian I was until I wrote this paper. Thinking about the Ledbetter case just had me so riled up because it was so unfair to Ms. Ledbetter to get treated like pish just because she is a woman. But then I shouldn’t expect much. Out here in the upper echelons of education and the rarefied air of reasoning, female law students are ‘fatwa’-ed into wearing skirt suits for interviews and pant suits are proscribed. Funny I didn’t know the location of the female reasoning cells were below their knees. Ridiculous isn’t it. Female law students, forget interviewing in your ‘conservative pumps and pearls’ and move to Afghanistan. At least there they’re not hypocrites and hate you for what you are - a woman!

To hear what Ms. Ledbetter has to say check out  her op-ed yesterday in the Christian Science Monitor