Confirmation hearings and other musings..

I think that it is an exciting time to be studying law. The confirmation process of Justice Roberts (maybe soon-to-be Chief Justice Roberts) has been an education into how the Senate Judiciary committee decides who gets to sit on the highest court of the land. What is even more interesting is the type of questions Judge Roberts is “answering”. Many of the cases referenced by the Senators are cases that we have studied in Constitutional Law this semester. I hope that all of you get a chance to watch the confirmation hearings. I would like to think that I would find them just as fascinating if I were not in law school. Maybe all of you can tell me.

I apologize for the absence of a post yesterday. It was another busy day, but it was also very productive. I met with some of my study group to hammer out some of the details for Contracts, and the review really paid off. Later in the day, the professor was doing her usual Socratic question and answer, and the person being asked a question didn’t know where to go. Because of the review, I knew the answer, but Professor Taylor doesn’t like volunteers. I guess I was mouthing the answer, because she pointed to me and I gave the answer. Thank the law gods that it was correct. In all honesty, I probably would not have gotten all the answers right yesterday. I am just thankful that the time she called on me, I got it right. The rest of the afternoon was spent on cases for Civil Procedure and Constitutional Process. I really enjoy Con Process. The professor, Professor Roberts, is a good man. He seeks volunteers instead of barking out names as part of the Socratic method. Of course, if there are no volunteers…..


Today was a day without volunteers. We were studying the Supreme Courts cases dealing with their commerce powers. According to our Constitution, Congress has the right to regulate commerce “among the several states”, meaning that they can regulate interstate commerce in many shapes and forms. Of course, the interpretation leaves a lot to be desired in some cases, and the interpretation of the Commerce Clause has changed with the court. For example, to prosecute businesses under the Child Labor Act, the court has ruled that even if the products are made within a state’s borders and even if the violations were done at that one site alone, Congress has the right to legislate and prosecute for violations of the Act if any of the products produced crosses state lines. It is a pretty broad power, and the cases have been interesting. Today, Professor Roberts wasn’t having a lot of luck with volunteers, so he called on me! He even knew my name because of sitting at the same table as me during an intellectual property lunch. I escaped unscathed and survived to address another issue later in class. It is a good thing that I am keeping on top of my reading.

Civil Procedure was this afternoon, and it was another interesting session. We addressed a rule of Federal Civil Procedure in which attorneys can be sanctioned by the court if they bring frivolous cases. Yes, attorneys can be sanctioned by the courts. So, my question is, where was this during the “McDonalds made me fat” litigation that was later thrown out of court?

I spent the afternoon doing my reading for Torts. I stayed to finish Civil Procedure for tomorrow and headed home. It is now 10 minutes to 10, and I am spent. Tomorrow I have legal analysis and Civ Pro. The weekend is almost here!