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
17

Green Laws in California

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I was never a big fan of Arnold Schwarzenegger. He always seemed like an irredeemable bore (or is that boar?). He can’t act and has very little charisma as far as I can see. He is an opportunist that married into the Kennedy family and then used this to leverage his way into the job of Govenor of California. Wonders never cease it seems.

Recently, I have changed my opinion of Mr. Schwarzenegger. This has come about because i did some studying about Claifornia’s green laws. These cover a wide variety of topics. The most startlingly and conterntious is the law that forces automakers to make ‘maximum feasibler reductions’ in carbon emissions for all new cars in the state. The auto industry has bitterly complained saying it will cost jobs, but it seems that only California seems to be serious about curbing carbon emissions.

Hand in hand with this law is laws governing new buildings. They must use compact fluorescent light bulbs or LED lights instead of standard fluorescent light bulbs. All landlords must replace broken thermostats with new programmable thermostats that will reduce waste. Insulation must be of the highest standards. Homes must be designed with water conservation in mind. Many public gardens have scrapped their lawns and gone for cactus gardens. It is a long list of ordinances. The main point is that California has become the greenest state in the Union. And this is all under the leadership of a Republican governor.

I think this is a massive step in the right direction. Many states seek to emulate the economic success of California. Perhaps they will also realize the wisdom of passing green laws. They don’t cause job cuts. In many cases they save the state many millions of dollars. Take programmable thermostats for example. I recently installed a Honeywell RTH7600D thermostat in my parents home. Already my folks tell me they have seen a significant cut in their utility bills. The thermostat is going to pay for itself in a matter of months. It is in things such as this that new legislation can really help. I’m now toying with the idea of becoming a lawyer specializing in environmental issues.