Studying the Law


Lawless are they that make their wills their law.

- William Shakespeare
An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.

- Martin Luther King, Jr.
The law is an ass

- Charles Dickens
Only one thing is impossible for God: To find any sense in any copyright law on the planet.

- Mark Twain

These quotations represent just some of the most common perceptions regarding the law and lawyers. Hollywood films for over 50 years have had a field day with lawyers; portraying them as protectors of the vulnerable (To Kill a Mockingbird), as instruments for the devil (The Devil’s Advocate), as battlers against corporate negligence (Erin Brockovich) and as detectives uncovering high level conspiracies (A Few Good Men).


Both Bill Clinton and Barack Obama were lawyers. Clinton famously treated one Presidential Race debate as if he was a lawyer and won over a lot of the electorate. People hold lawyers in awe and in contempt in equal measure.


The battle of liberalism vs. conservative Christian values is largely played out in the Supreme Court. G.W. Bush famously tried to pack the Supreme Court with right leaning judges to bring about a change in the abortion laws in the States. No doubt, to his chagrin he failed.


Perceptions of lawyers have a big impact on the way that America is perceived by other countries around the world. Less litigious countries in Europe and in Asia commonly see American lawyers as opportunists, as ‘ambulance chasers’. Many people still cannot believe that a woman got scolded by a cup of coffee in a fast food chain and successfully sued for damages amounting to millions of dollars. It seems that lawyers can make a lawsuit out of anything. It also seems that lawyers can just about get anyone off the hook. If you don’t believe me think O.J Simpson.


All these perceptions of lawyers and the business of litigation, prosecution and defence are exceptions. The truth is that most lawyers are involved in very mundane cases. Most lawyers don’t strut ponderously around weaving a web of rhetoric around the courtroom. Most lawyers are not involved in star studded cases or take on corporate giants.


I’m a law student and I can tell you that the law is frequently just plain boring; without glamour and without any important connection to the main contentious causes of the day.


Many of my fellow law students are planning on being corporate lawyers specializing in financial matters. They plan to draft and lock down exchanges of huge sums of money. They will never appear in court. They will never argue for a man or woman’s life. They will just earn a very healthy salary.


They do this because to the outside the law looks opaque, incomprehensible; like the esoteric arts of a sorcerer. It is this image that stops people from downloading forms from the internet and making their own will, from organizing their own small claims appeal, from doing their own conveyancing. Anyone with an average IQ and a bit of patience can do these things for themselves.


I should not be complaining since I hope to make a living from the law. I’m not sure about what type of lawyer I want to be. At the moment I’m learning about all aspects of the law. It is fascinating to study. What is frustrating is people’s stereotypes about lawyers.


That is why I’ve set up http://www.droitconstit.org/. The right of the constitution. I am exercising my rights under the constitution to free speech. My free speech will be about me, a law student. I’m not Demi Moore, Erin or Gregory Peck. I’m simply a young person struggling to make his way in a highly competitive field. These articles are aimed to dispel stereotypes about lawyers and about the law profession. I don’t believe the law or lawyers are an ass. We are neither angels or devils, and most of the time those who break the law are not Martin Luther, Jnr. or Mahatma Gandhi.


Jan
31

A Study of Wine Shipping Laws

Retail Add you comment

When I first started law school, I didn’t think I’d be studying the history of wine shipping. We’ve been talking about the dormant clauses in the US Constitution and the commerce clause in my opinion is by far the most interesting.

The commerce clause was originally created to settle a series of disputes about who had the ability to regulate state to state shipping and commercial transactions. The Commerce Clause gave Congress that right and no one else.

In terms of wine, a wine of the month club based in California as an example should theoretically be able to ship their monthly wine selections to people in every state of the country that allows shipments of wine. New Jersey allows direct shipments of wine for their in state retailers, but currently blocks out of state retailers so the state of New Jersey should theoretically be in violation of the clause. In fact, most state Supreme Courts and a few judgments by the high court itself have ruled that the 21st Amendment which allows states to regulate the sale of alcohol, does not allow them or give them authority to violate the Commerce Clause itself.

As a comparison the state of Utah allows no direct shipments of wine and is in fact dry for most of the state. Under every ruling (which is, we’re told also supported by winemakers) the state of Utah is within its rights to stop direct shipment of wine and other alcohol in their entirety.

Given the state of current court and the economy there certainly will be pressure, but when the FTC says that direct sales should not only increase availability but also lower prices, the end result is pretty clear even if it takes years to get there.

Dec
06

Taking Products Back To A Retailer

Retail Add you comment

So there I was, pretty pleased with myself, standing in my kitchen about to use my brand new espresso machine.

I loaded the portafilter with Illy espresso coffee and tamped it down, ready for action. As I attached it to the machine and twisted, just like they do in Starbucks, I felt like I was a real Barista.

I pressed the GO button and . . . . . nothing :(

Not a drop. Not a trickle.

And then it started to vibrate. And shake. And go totally haywire.

Turn it off! Turn it off!

I quickly switched it off at the wall and slumped, dejected and guilty wishing I’d never bought the darn thing.

So what does the law say about taking it back to the shop? I got my text books out to have a look.

If you’re in the UK the relevant act is the Sale of Goods Act 1979, possibly the most useful act for consumers ever passed. What it says is that any goods sold by a retailer should be of satisfactory quality. It’s the retailer’s responsibility so any faulty goods can be taken back to the shop and a replacement should be given.

Sweet. It’s handy being a law student sometimes. I can take back my espresso machine in full knowledge that I have the law on my side and ask for a replacement.

Nov
10

Supermarket Convenience for the Time Pressed Law Student

Retail Add you comment

Glass Door Refrigerator Freezers – Supermarket Applications

Glass door refrigerator freezers are common capital equipment items found in commercial food service establishments. Supermarkets in particular are one place where glass door refrigerators and found in large quantities. While some law students might have a glass doored display fridge in their quarters for accommodating their ‘liquid refreshments’, that really is not the typical use of these pieces of equipment!

Within supermarkets, this equipment is used for a variety of purposes. In the deli area of the store, they are important pieces of equipment for several reasons. Firstly, they allow the display of ‘in store’ created sandwiches, convenience precooked meals, and various side items – such as potato salads or coleslaws.

Equally important is the use of refrigerated display cases as a storage area for deli meats and cheeses. A good supermarket will have a large selection of such items available either by the slice or by pound. While cheeses are relatively durable – and also most cured meats – it is still wise to keep them somewhat chilled in store. Since they come in very large packages, it is possible that some of these items will be sitting in the deli for weeks before they are fully sliced and sold.

I don’t know about you, but I find a good supply of meat and cheese to be indispensable study aids. If I don’t have substantive food close to hand, I am likely to find an excuse to go on a fast food run. Being able to get this type of food from a supermarket fridge make a once a week run to the store a lot more time effective – and leaves a lot more time for brushing up my knowledge of Constitutional law!

Another major use for glass front refrigerators in the grocery store is in the dairy aisle. Most stores will have display fridges dedicated to a wide selection of milks – plain, low fat, fat free, flavored, soy, almond milk, etc… – and other dairy products. Yoghurts and Eggs are other big sellers that are typically stores within dairy-aisle glass refrigerator units.

Now I’m not exactly big no healthy food, I know some of my fellow classmates are. If my law school acceptance were an indication of wisdom and just not intelligence, I’m sure I would stock a range of supermarket dairy goods in dorm room – and if that were the case I’d really appreciate the supermarket dairy display cases.

The butchers section is another portion of the grocery store that requires a lot of glass front refrigerator and freezer solutions. Butchered meat needs – obviously enough – to be frozen until it is sold. A typical supermarket will have several different display case solutions in the meat aisle.

Firstly is open top refrigerator displays. These rely on the tendency of hot air to rise to retain their sub-freezing temperatures for storage of meats. A wide variety of prepackaged frozen cuts can be displayed for easy selection by the customer in these display cases.

A more traditional butcher shop look is achieved by the curved glass refrigerator cases found where the customer-facing butcher does his work. Here selections of raw meats are displayed, and the shopper can order them to their liking. The butcher then selects the meat, cuts them to the customers liking, and packages them on the spot.

Perhaps the most widely used display solution in a large supermarket is the multiple aisles of glass door freezers. These are essential in today’s marketplace to house the wide selection of frozen convenience foods available to consumers – from Frozen Pizzas, to TV dinners, to bags of frozen vegetables. Most stores will have many of these glass front freezer units installed.

While my diet has improved somewhat in recent years, I still like to stock up on hot pockets and stuffed jalapeno peppers. These are the types of student friendly easily prepared food readily found in the freezer aisle display cases I’m talking about.

While these various display fridge freezers must cost the supermarkets a small fortune, I think they probably get their moneys’ worth for them. I know it is not only time starved law students like me who appreciate the shopping convenience they offer!