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Friday, October 15, 2004

Back in the saddle again.

It is Friday.

I am just now emerging from the cold-medicine induced haze in which I have spent most of the week.

Now I have to catch back up.

It really isn't missing the class time that has been hardest, it has been trying to study when your head is swimming.

Studying in general is a rather new convention for me. I was one of the "lucky ones" in college that never had to study. In fact, in one of my PoliSci courses my senior year I didn't even bother to purchase the book and still made an "A". I say this not to brag, but only to point out that I did myself a disservice because I had no study habits--whether good or bad--when I came to Law School.

All I had was an interview from the late Justice Marshall in which he said he was the same as an undergrad. However, he realized early in Law School that he needed to buckle down... and look where he ended. Regardless of many of our philosophical differences, Justice Marshall is and will always be my favorite justice. While I will probably never be as great a man as he, I still want to give it the same effort.

So this weekend I will be giving it even more attention so that I can get ahead again, even if it is only for a day or two.

Let me also take this chance to point out that even in a casebook, an editor/author's bias can be so transparent. Our Torts case book, for example: every edited inclusion he has used of a Judge Posner decision is used in the context of, "look how wrong the courts can be!" I happen to enjoy reading a Posner decision. The man makes a judicial decision interesting. Take this opening from Wassell v. Adams:
The plaintiff, born Susan Marisconish, grew up on Macaroni Street in a small town in a poor coal-mining region of Pennsylvania--a town so small and obscure that it has no name . . . After graduating from high school she worked briefly as a nurse's aide, then became engaged to Michael Wassell. Michael joined the Navy in 1985 . . . He and Susan decided to get married as soon as he completed basic training.

That is about as close to reading a novel as I have come since beginning Law School. I wonder if Judge Posner wrote in this way to take pity on the scores of young law students that would one day be reading his decisions; sort-of a "break" from the usual hum of cases we go through each day?

However, if Posner anticipated his decisions being studied to such degree in Law School, I also wonder if he anticipated how much criticism they would receive? I know no judge is always right, but must Posner be painted as always wrong?

To me: Just an example of author/editor bias.


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