Trying to figure out what to write about…
I’m feeling pretty restless and unsettled today. Some of the reasons behind those feelings I can name – graduation for example is a huge reason. Right now I’m watching the Michigan-Wisconsin football game. At 1, I’m headed upstairs to help my mom make cremes. Some of them will be staying here, but the majority will be headed out to New York to my brothers. While we make them, we’re going to listen to the radio to hear my old high school football team try and get to State 🙂 If they win today, they’ll play next Friday for the state title.
I spent yesterday afternoon at the library with my partner for our mock trial thing next Saturday. We have to turn in a 4 page brief on Tuesday. It’s an interesting case we’re arguing (one the Supreme Court has already decided) and the precedents we have to rely on are a mess, to say the least. So we talked out the various precedents and looked at how they applied or didn’t apply to our arguments. As part of the exercise next Saturday, we have 5-6 minutes each to speak, but the Professor and TA’s will also be interrupting us and asking questions as to our case and argument. That means knowing your arguments inside and out, in addition to all the cases that could possibly apply. It’s not out of the question for them to ask why one case applies over another. Because they can interrupt, having a notecard is a waste of time. You waste too much time trying to figure out where you are on the notecard after interruptions. I’ve learned a lot thus far about the First Amendment and the doctrine set forth by the Supreme Court. It’s very interesting to see how the doctrine has evolved and just how much of a mess it currently is. The problem is that until the Supreme Court explicitly overrules itself (and says so within the majority opinion), all prior precedents remain binding. So in the area of hate speech, for example (as that’s what our mock trial case is on and that’s where there’s a HUGE mess in terms of precedent), there are three very important cases and several other minor ones. In the third of the major cases, the Supreme Court implicitly overrules the two previous major cases in certain areas, but never explicitly overturns the previous decisions. So between the new tests brought about in the third case and the gray areas of previous precedents…it’s a mess. The mock trial case deals with a Virginia statue on cross burning.
I also need to finish my lesson today for church. *Sigh*