Tag Archives: Law

December 1, 2012 · 2:35 AM

The Big Blog Post

As I asked earlier… where should I begin?

I am going to use my study breaks and the time after finals are over to try to update everyone on the goings on of the semester.

I guess I should start at the beginning.

School started and I took a job offer at the Office of the Attorney General as a law clerk in the Public Integrity Division. I guess that means I must have some integrity as a person, right? I mostly work with DUI prosecution questions from prosecutors and district attorneys from around the state. The job is enjoyable and has taught me a lot about the law already. While it is not experience in a law firm, which I will someday need, it is experience with legal research and looks good on a resume. I figure no one in Indiana is going to know what the law firm of Dewey Cheatam and Howe of Jackson Mississippi does. However, people know what the Office of the Attorney General does and how government employees operate. A steady paycheck is a much nicer way thinking about the job as well.

I took Appellate Advocacy, Copyright, Sales and Leasing, Constitutional Law, and Wills and Estates this semester. Constitutional Law has already had a bear of a final and while I am glad that it is over, I want to moan and groan in the defeat that was that test. No one feels as if they did a good job… which may be a good thing. The test itself was a big bag of trick questions. Red herrings that had case names not matched up to holdings that were real or holdings that were actually the holdings of other famous cases to trip up even a student who carefully reads. It was exhausting.

Appellate Advocacy had a final big paper that was due at the beginning of October. Mine was over 50 pages long. I won’t know what I got on it until after January. Ho Hum.

So that leaves me with finals this week in Copyright, Sales and Leasing, and Wills and Estates. Wills and Estates shouldn’t be a bear as the test is pretty similar year to year and the teacher gives a rat’s ass less that the students. Sales and Leasing is taught by a younger female professor who likes to have fun in class and then kill you on a final… I am dreading that test on the UCC Article 2. Copyright is in my wheel house and I should do pretty well on it I believe. The class has been a breeze so far and that is with me only partially listening to the lecture that has only 14 students in the class. Some in Copyright seem utterly lost… but it really isn’t that tough as long as you have some basis in fact of what a tangible fixed medium is. If you figure that out… the codebook will keep you golden. Fairness factors will keep you on the right track if you get totally lost.

I am still dating Jenny and she is still traveling down here with school going on. She even got me tickets to a Packers/bears game in Chicago on the 16th. We are going to the game in the afternoon and seeing “The Book of Mormon” on stage that night. WHAT A DAY THAT WILL BE! I will write more on this later.

I have tried to keep some notes on things to write about over the semester and am going to break these posts up into smaller segments for the readership. Hope that helps.

So until I get another post out…. Stay classy.

-YJ_SL

 

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October 6, 2011 · 8:40 PM

Sports And Entertainment Law

I was a journalism (broadcast) major in undergrad. I called games on the radio for men’s and women’s basketball, football, and hosted my own show from time to time on my campus radio station.

I loved every minute of this. I can think of nothing I enjoy more or miss more from college, than calling games on the radio. It is a passion of mine.

We have a Sports and Entertainment Law Society at our law school. There was a meeting today and I joined. These people are my kind of people. I have been sitting in these courses wondering how my one time vision of working in this field, was slowly becoming “I’ll take anything and like it.” After listening to a speaker today, I feel a mad rush of motivation and drive to kick it into a higher gear.

The speaker was an attorney from the area that works in a entertainment law firm. His story was one that was somewhat inspiring because he talked about how he had to learn the business of entertainment before getting his current job as an attorney with the firm. It was almost like he pledged the firm, and was finally initiated a year later. I can identify as a former program director and general manager of a radio station what this life style can be like. I was guided by mentors at my undergrad who were experts in their field that helped a ton, but I could really understand what this guy had to go through to become a member of this firm.

He talked about representing groups in the music industry, which is his main focus, but also his firm’s representation in the literary and sport fields. It was interesting to hear things from his side of the spectrum and understand what things were like from his side of the table. Needless to say, I’ll be a volunteer for anything this organization has to offer.
I may have found a greater motivation than I once had.

~YJ_SL

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September 21, 2011 · 11:30 PM

Execution Controversy

Let’s talk Troy Davis. Quite a few friends on Facebook are trying to compare the case to the Casey Anthony verdict saying that “CA can walk the streets while TD is dying. unfair.”

These cases are so wildly not similar that I won’t even credit that with a response. Your statement is awarded no points. We are all dumber for having read it and may god have mercy on your soul.

The other post I have seen tonight is, “y is killing cops different from killing other people? What makes cops special?”

I’m sorry folks. I bit the bait on this one and responded.

‎”‘Y is it that a cops.life is more important than any other human life?’ Really? Do you think that is the major issue here? The reason society holds different standards is that there is a deterrence to the killing of a cop that is necessitated so as to stem violence against those who uphold the statutes in our respective states. The guy flipping fries at mcdonalds is not held to the same standards as police officers and doesn’t uphold law or keep peace. The Police do. By killing a police officer, a person is shooting at the government itself. The real question here is matter of evidence, not the social norms we place on society in our execution of sentencing. The man was given ample time to appeal the decision. The system, as JG said, is flawed. Question the system. It is good to do that. We are called as citizens to do this.”

While my response is filled with a few holes and I wrote it hastily, I think that will give the poster something to chew on for a few minutes anyway.

If the man is innocent the system is at blame: if the man is guilty the system is at blame.

Understanding my place in law school is harder when I think about these types of things. Some day, through no action of my own, I may be forced to prosecute a defendant to the death penalty. I may be able to defend a man and successfully keep him from being executed. That is a heavy topic to think about as I read about jurisdiction and minor torts like trespass to chattles.

~YJ_SL

 

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August 17, 2011 · 11:18 PM

First Day. Civ Pro and Crim.

I woke up at 6AM and proceeded to quickly roll over and try desperately to get just 15 more minutes of sleep before my alarm, set for 6:15, went off. Didn’t happen.

I had made sun tea last night, so I walked to the kitchen and poured a big glass, sat down and read the morning news on my iPhone.

Sometime around 7AM I realized I should probably go over my notes before walking into the class that has been pegged the toughest by teacher in the 1L year. Civ Pro. at my school is taught by a quick-witted man who leaves no love on the table.

When I got to school, I walked to my room and selected my seat. I am off to the left of the instructor, three rows up, all the way to the wall. Why? For one, I like to see the class-mates around me. Two, I don’t want to be a “front-row Ronny” or a “Back-row Butch.”

The instructor went over the syllabus slightly as part of the introduction and then  proceeded to call on a member of the back-row. That kid had to describe the facts of Pennoyer v. Neff. He did a fine job even with the quick striking of the talented professor. When the 50 minutes were up, not only had I learned a ton, but I seriously was wondering if I should clap or not? This guy can TEACH! I would almost pay teachers to come watch the way this guy teaches. It isn’t flowery or lovely… the guy isn’t afraid to make you looks stupid if you say something utterly dumb. He knows his stuff obviously… and asks questions Socratically that are right to the point. One of the students on the other side of the class tried to yell out an answer when the kid in the back got stuck for a moment… (We all were thinking “Oh… Shit.”) The prof didn’t stop the questioning of the back row kid but without looking at the interrupter said, “If I want your input I’ll be sure to ask for it.” He then proceeded to ask for it a moment later with questions that were obviously harder.

I came back in the afternoon to go to Criminal Law and this class couldn’t have been more different than the first class of the day. There was no assignment due the first day so we just went over the syllabus, introduced ourselves, and talked about the main components of criminal law. The teacher seems downright nice. She is very soft spoken but to the point. You can tell she is a fine litigator by the way she works the room… however her soft voice right after lunch almost makes me want to go to sleep. The course content and Socratic method will help keep me up… may add a diet coke to that as well.

Spent the whole afternoon in the library working on Torts homework and Contracts homework. Torts has us reading three cases:

Ghassemieh v Schafer,

Garrat v. Dailey,

and FISHER, v. CARROUSEL MOTOR HOTEL, INC

All are slightly interesting. Fisher… is a case that has obvious race issues present that make it much more interesting. Shows that blacks didn’t recieve much in the way of adequate representation in Texas in 1967. There were cases on the books from as early as 1923 and 1941 showing him to be the winner of the case almost without question. However, I also see the important nature of this case and actually enjoyed reading and briefing it.

Contracts had us reading the introduction to the casebook and briefing:

* Bailey v. West,
* Bolin Farms v. American Cotton Shippers Association

Won’t lie, Bolin Farms v. American Cotton may be the most dumb case ever brought through the justice system. Farmers thought they could get out of contracts that were made before the price of cotton went up which set up American Cotton to make a much larger amount of money. Who in their right mind thinks that would not stand? When two knowledgeable, competent parties enter into a contract- that contract remains valid no matter what circumstances change. It doesn’t matter if American Cotton gets a sweeter deal… the contract stands. Palm to face… duh.

I just found out that one of my profs tomorrow doesn’t allow computers. No Bueno.

Oh well…

I’m ready.

~YJ_SL

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August 12, 2011 · 4:10 PM

First Assignments Started – Check

First classes start next Wednesday. This is when those classes have first day homework due.

My Civ Pro class will have the first assignment that needs to be done. We are to read all of chapter 2, (120 pages) with special emphasis over Pennoyer v. Neff. I started to brief it last night and I won’t lie… more difficult than I first thought. These people don’t lie when they say that you are reading a completely new language. It is different, but not impossible. My other class Wednesday is Crim Law and I don’t have any assignment for that class. Weird, I know.

A band is playing tonight at the corner Irish bar that has a front man that is a fellow 1L. A bunch of us are heading down there to catch his show and have a happy pint. Should be a good night out.

A street festival in our neighborhood is on Saturday. The festival does occur while my beloved PACKERS are playing so I’ll have the cellphone in hand all night. I live in a historic neighborhood with old homes that come together to put on blues and jazz concerts with street vendors and such.

If you can’t tell, I started my homework last night because there is so much going on this weekend. I’m no gunner.

sjblawgs wants our loveable group gunner to have a name. I think she is going to be a very big part of this semester so we will call her Jade. Her name isn’t Jade, but that is an easy word to type and she reminds me of someone who would have wore some serious jade jewelry in the early 90s given the opportunity. Keep an eye out for #GunnerJade on twitter or on this blawg.

I participated in a habitat build this morning and it was quite a good deal of fun. Of the 200+ people in the class, only 20 people signed up to participate. A guy who looks just like L. Q. C. Lamar and lives across the street from me participated and is growing on me as one of the most loveable members of the class. You just can’t help but be happy around the guy. He is not in my section and is older than 30, but he is awesome and I can see myself hanging around him quite a bit.

I also met with the financial aid office today to make sure everything is ready to go on my loans and I am “A-OK.” I was worried for a bit, but even with the cost of books, things will be good financially this semester. I don’t have to eat Ramen everyday, but I don’t plan on eating steak either. After seeing that link however, Ramen doesn’t look too bad!

I am going to get back to homework now.

~YJ_SL

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August 2, 2011 · 4:42 PM

NOT HAPPENING

I watch this video about once a week and say this isn’t happening to me. I won’t let it.

 

 

Law school can begin anytime. I’m ready.

 

~YJ_SL

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August 1, 2011 · 3:56 PM

#VagabondVern And The Tough Stuff

Let’s first start off with everyone’s favorite yankeejournosouthernlawyer character: #VagabondVern. I thought I heard him walk by last night screaming about a “three dollar pharmaceutical that will get you higher than any inhalant.” I was mistaken. It wasn’t him.

I saw Vern from my kitchen window while I was putting some dishes in the dishwasher. I wiped my hands and walked out to the front porch. I waved and whistled and Vern saw me from the other side of the street. He crossed at the corner and walked towards my stoop. He stood on the sidewalk and faced me as he wiped his brow. It was already hot in even this early morning hour.
“Now [Vern,] I heard somebody screaming about some drugs outside my house last night. That wouldn’t be you would it?” I asked calmly.

“Well hells no, boy. Why that musta been that damned Glen,” he replied.

“Who’s Glen?”

“Well thats a guy like me. He tall. He black. He old as hell and he be always up down this road here, boy. Why, that piece a shit be always screamin about somethin, boy.”

I believed him. I warned him to stay away from people like that or else he will get his butt arrested. He took this in stride as he stood to attention, or the best attention he could bring himself to, and saluted, “Sir, YES SIR!”

The other night sjblawgs and I were discussing (and disagreeing) on where a woman keeps her “seksi.” She said that a woman keeps most of it in her hair. With sjblawgs heading to the salon to get a new do, I figured it was partly true to a point. She claimed that Megan Fox had the sexiest (or seksi-est) hair. I’m not denying the good looks of Megan Fox, but I denied the idea that it was all hair related, and/or only Megan Fox related. She proposed we ask #VagabondVern.

I saw my chance this morning.

“[Vern] you like the girls, don’t ya?”

“I love ‘em all, boy.”

“Ok. Well, a friend and I were discussing what makes a girl sexy or not. Like if sexy-ness was a thing… where would it be?” I asked.

“That’s a rough question,” he replied. “I guess females be females because their be triflin’ snitches.”

“So, you’re saying that women are sexy because they be triflin’ snitches?” I asked disbelievingly.

“Hell No! They be triflin’ snitches cause they care about shit. Sometimes that shit don’t matter, but dey care. You know what I mean, boy?”

That is as good an answer as any I guess. Vern just likes girls that care. I honestly think anyone who cares about Vern is someone he loves but his answer made me think about what I find great in women myself. I decided to ask him who Megan Fox was. sjblawgs didn’t think he would know.

Megan Fox has been featured in Maxim Magazine and has starred in the movie Transformers.

“Is that that skinny bitch from da movie that was on da side of dat damn Burger King?”

Umm yes? I have no clue if that was her or not… maybe their kids meals were Transformers inspired or something. At this point, I’m just playing along.

“Sure, why not?” I said.

“Bitch could eat more. I aint got no home and I be eatin more than her,” he said.

With that, I thought that we had had enough questions for the day. Vern makes you think a little with almost everything he says. I didn’t ask him about it, but his shoes were missing. He did have a new pair of jeans and what looked to be fresh socks. I think if I see him tomorrow I might ask about them. I hope they didn’t get stolen or worse.

In all fairness to sjblawgs and myself, I don’t think either of us really understood the question of where a woman keeps her sexiness. In full transparency, I said it was a girl’s eyes. To me, a girl’s eyes are what set girls apart. Vern had me thinking about the real reason I liked what I liked. Sure I agree that it is important that women care, (I kinda said that to sjblawgs at some point in our conversation) but I didnt really want to go that deep. Vern not only went there, but he went there first. Interesting.

Just one more encounter with #VagabondVern, my loveable homeless friend.

~YJ_SL

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July 30, 2011 · 2:27 PM

Ever-Vigilant #VagabondVern

There is a homeless man who walks past my house every day. He whistles the same tune as he walks. When I hear the lovely melody of Edison Lighthouse’s “Love Grows (Where My Rosemary Goes,)” I sing along in my head and have walked outside to talk to him a couple times.

If I am already outside, he always speaks with his daily dose of “news.” The first time I met him was on July 18th of this year when he told my moving buddy, “Steve” that he should, “Fuck the system. Overthrow that corrupt Governor of ours. Live life.” I wasn’t frightened of this short-statured  street-walker and his outgoing openness, even though I had never met him and did not know if he was dangerous or not. He finished his meeting with us asking “Steve” if he wanted “to go check out the underpass.” “Steve” declined.

He wears mostly the same thing: a green shirt and destroyed acid-wash jeans. He has a pair of worn trainers that are about three sizes to small. His big toe stuck out of the right shoe until Wednesday afternoon when I left him a pair of my old shoes on the front step. I wasn’t home when he came past, but he said he loved them last night and that they fit, “fine and proper.”

He always asks how I’m doing with a smile from a mouth that has three teeth or so. His wispy grey-haired balding head, shows the effects the beating sun of the south shines down on him daily. His journey usually takes him by my house around 10AM and sometime between 11 and 12PM. Twice a week, Mondays and Thursdays, he walks past in the afternoon.

His views on the world are about as steadfast as the his schedule. He hates the government, hates lawyers and hates organized religion. He loves his meth, his “freedom” and the water he drinks constantly. The guy is almost always carries a water bottle. He says it is his key to life. I don’t disagree with him there.

Last night he came by about 11PM and was whistling his usual tune. I had just finished a drink and thought to myself, “I could go say hello. Why not?”

I walked outside onto my porch and said hello. He had the usual to say and I questioned his feelings on “Congress is a bunch of sissy pieces of shit. You know that, don’ cha’ boy?” I said, “Well, they are by far the weakest branch of government… wasn’t really supposed to be that way, but that’s how it ended up.”

I apparently said the right thing. The man smiled. He clapped. For a moment, I thought he might jump for joy.

“Boy, you sure gots that right. Well, I’ll be damned… maybe there is gonna be one good lawyer.”

I am glad this guy believes in me and my journey through law school. At least one other person does.

“The Supreme Court has always had the power, boy. They took it from da other branches with that big case. That uh… uh… Marbury Madison case. You know what I’m talkin’ ’bout, boy?”

Yeah, I think a lot of people know what he was talking about. But how many homeless guys know case law? I mean sure, it is a landmark decision that established judicial review and it has probably been the basis of every 7th graders social studies class since WWII… but c’mon… this guy knew that? Now I was really intrigued. I played dumb.

“No, tell me about it,” I said coyly.

“Well, it gave them damn justices all the power. It told the pres’dint to take the sen’tors and respreset’tives dicks and shove ‘em up his ass,” he said.

I seriously wish my 7th grade social studies book gave me that definition. I would have understood the case so much better. I mean can you really disagree with how this man characterized the case? I can’t. It fits exactly what my college judicial process class taught. Maybe there is some more colorful language, but all in all it is the same.

I finished up my conversation with the man and I bid him a good night. I decided to tweet about the encounter since I hadn’t really told anyone that I had been talking to this guy. A frequent visitor to the blawg and twitter mate, sjblawgs, was intrigued and we decided that not only should he be a focus of a post, but that some sort of daily dose and hashtag was appropriate for the gentleman I talk with so often. We started throwing out names. #NomadNorman #VagrantVincent  and #HomelessHowie were some popular choices that were eventually decided against. sjblawgs had the perfect name. #VagabondVern – And it is a perfect fit.

So, I am announcing here that I will have a #VagabondVern installment on the blawg whenever something happens that is especially colorful or interesting. I can’t promise a ton, but I have hope that this will be a regular thing. If he keeps giving me history lessons then I am sure this will only grow. Keep an eye out on twitter for the #VagabondVern hashtag, as I am sure that will become very popular.

I want to give a special thank you and an “Alliteration-Alive Award” to sjblawgs. She is what made me actually post this and more importantly named my homeless friend.

I hope #VagabondVern keeps coming by. I hope my room mate doesn’t mind when he moves in next week, that I have befriended him.

~YJ_SL

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July 28, 2011 · 9:33 PM

With 9 Days Until Orientation: Houston; I’ve Got A Gunner

Our school has a page designed to help 1Ls find each other roommates, or classmates easily on facebook.The page is very useful as my roommate and I found each other on the site and made our move south painless.

However, the site has people already worried about what law school is going to be like. One person posted: “AAAAAAARRRRRRGGGGHHHH” to the fact that we are something like 19 days from our first class. I must be missing something.

Am I worried? I think I would be ousted as the worst liar in the world if I were to say that I was not. However, I’m much more excited than worried. In fact, worried may not be the real word to use here. “Cautious” is probably better. I’m perfectly content to take orientation and the first weeks of school as they come. Keep my head down and try to make it to Labor Day weekend with some semblance of sanity or calmness. I am a loud and outgoing person by nature, so keeping my head down will be harder than it seems for me anyways. I think buckling down 6 nights a week can make this semester a success. I figured out (a little late in college, finally) my best studying is done when I am at home locked in my room.

Forget study groups and library all nighters. Yeah, I know I am sure I will live to regret that statement. I am a library in the daytime, room at my desk in the nighttime sort of studier and worker. When I do my best writing, I am at home by myself, not in the library per say. I never thought I would say it, but after my last semester in college, I realized that I love to get up early and stay up late.

When I get up early, I am more active and alert. I eat breakfast, I read the paper and I get things done. I’m ready to do that with school as well.

So what am I spending my last 19 days doing? Well if you follow me on twitter (@YJ_SL) then you know my house is receiving some major repairs. My schedule is boring to some but I think it is the best way to get me ready for school.

MY DAY:

7AM: Up and showered/shaved. (This is an acomplishment on the shave part. I had a goatee all through college and shaved maybe every other day if the girl I was dating at the time complained too much. Now I’m clean shaven and feeling much more fit in down here in the south.)

7:30-10AM: B-fast…Reading various news outlets on my phone and reading The Chive. I tweet on my personal account and the account for the blawg constantly. I creep into the twitter lives of my friends.

10AM: Take a morning constitutional around my neighborhood. I don’t live in the best neighborhood but I like a good walk. Plus I am still getting used to my surroundings. I usually walk for an hour or so. Decent exercise (if you can call walking exercise) and it gets me out of the house and into the heat for a little while.

My Afternoon

My Afternoon

Noon: Lunch. (See Dinner)

Afternoon: Visit library, deal with repairmen, check the mailbox constantly, promote synergy, hit on Debra, get rejected, swallow sadness, send some faxes – Like A Boss!

6PM: Dinner. Making it a point to actually make something good. No PBJ for me. Also trying to eat a bit healthier since I will have less time to do that later on in the year. For me, a habit dies hard so if I can make the salad a habit… well then it will stay. And lord knows I could use more salad. Tonight I broiled a chicken breast and then cut it up, seasoned it and threw it over a salad with some italian dressing. The salad was prepackaged, but I added diced green pepper and a couple of slices of tomato. It may not be restaurant quality but it was damn tasty.

Evening: Writing, watching movies, having a drink. Movie collection is getting a work-out. I have watched: Thank You For Smoking, Shaft, Coach Carter, Pulp Fiction, Reservoir Dogs, Green Street Hooligans, A Few Good Men, Rules of Engagement, Beerfest, Super Troopers, The Rock, Jerry Maguire, American History X and Old School. I’m moving and grooving to say the least.

1AM: Bed.

My day is no where near as grueling as most of my days will be this fall, but at least I am getting up and doing something. I don’t want to get to used to sleeping in and sitting on my ass all day long. I mean, I’m not a slob, right? I’m not a gunner, right? I’m in the middle? Because that would be fine with me.

~YJ_SL

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July 27, 2011 · 5:45 PM

Stylebook Still Stylish

The most important tool in the arsenal of a reporter is not his mind or pen; it is the AP Stylebook.

AP Stylebook

In the book lie the most important answers to usage, spelling capitalization and punctuation for a reporter or any journo for that matter. To the book, the journo is the slave; the book is its ever-present taskmaster. While some may think that characterization is too harsh, I submit that it is not. Without these rules, there would be no uniformity between papers. Even with the Stylebook there are those weird papers that still use Chicago format or some kind of quazi-mixture of the two.

My Bookcase

I was putting together my bookcase, which is filled with some of the most important books to me. I also wanted to clean out the collection and cull some of the unworthy from the collective book herd.

My case has some things one just cannot get rid of easily. If the last name of the author is well-known, it stays.

Camus- Stays.

Vonnegut- Stays.

Nietzche- Stays.

Grisham- Stays.

Shakespeare- Stays.

Whitman-Stays.

If I keep the Whitman and the Grisham, I have to keep Carl Hiaasen (my favorite) and Anthony Bourdain.

By the time I weeded may way through the books, I am down to textbooks I used a ton after classes or I couldn’t sell back to the bookstore. A theatre 101 book and a copy of the MLA Handbook seem to be two of just a few that can be gotten rid of.

This brings me back to the AP Stylebook. Should I keep it? It ruled my life; my collective writing abilities (or lack thereof) for years. How do I part ways with something that graced the right hand top corner of my desk? I sat so many Polar Pops and half eaten pieces of pizza on that thing when I couldn’t find a coaster or plate. I have memorized more than half of the book as I look up the differences in words. I even know the difference between sewage and sewerage. They cannot be used interchangeably I might add.

So here it sits next to my Black’s Law Dictionary. One is a new tome that will help me through law school similarly to the Stylebook in undergrad, but it is so different.

One is an old friend; warm and familiar. The other is more sinister; cold and distant.

I think I’ll keep the Stylebook. I think keeping it in its old spot guarding pizza and cokes is the best place for it.

No worries buddy. You’re home.

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