Tuesday, September 05, 2006

The law as a star map

I have some interesting things to discuss today, as I have been pretty intellectually stimulated for being hardly awake!

Number one is that I have finally hit some interesting subject matter in constitutional law: anti-women judgments. We read two cases for today's class that deal with women's rights in the early 20th century, and the idea is basically that women need to be protected and need to be available to stay in the home with the children. The judge actually wrote this! Argh!

Next is the "I'm too stupid" defense, wherein a lawyer argued that he shouldn't be held liable for burning his neighbor's house down because he's too stupid. Yeah, you can be sure THAT was a tort... I can actually see my parents' neighbors trying that defense out, though.

Then, today in torts, the professor explained why it's OK that courts sometimes overrule precedent: "Courts don't make new laws - they just discover what the law always already was." That's as good an explanation of the common law system as I've heard.

It's interesting to keep studying interrelated cases to see how they fit together. One professor told us that as we go, cases will start to form constellations in our minds, as each case forms a new point in our understanding of the law. It's an interesting and somewhat romantic view of the study of law, and I'm anxious to keep going.

6 comments:

Sara Sherman said...

I would defend our neighbors on that comment you made about them, but unfortunately you are right on the money. Probably after hearing alot of these cases, you'll be thinking "just when I thought I'd heard it all....." People never cease to amaze, do they?

Meesh said...

hey val, when did "availableto" become a word? oh wait, i cant hold you accountable because you're too stupid HAHA

Valerie said...

Fixed.

Wow, what a nice comment.

Sara Sherman said...

Good catch, Michelle. I saw it, but I let it slide, not sure why. It's rare to catch Valerie in a mistake, and one must act upon them when they appear.

Valerie said...

In my defense, the laptop does screw me up sometimes. Long nails and tiny keys don't add up well...

Meesh said...

hey that comment is my little attempt to get back at you for all the trauma you put me through as a kid... "every time you do that, you lose 10 brain cells," "If you have a small brain, that means you're smart. Here, tell my friends why you're so smart," hiding in my closet and scaring the shit out of me so bad that I blocked it from my memory... the list goes on