Sunday, October 23, 2005

Learned Hand was consumed by anxiety and boredom...

This weekend I'm reviewing my class notes as part of starting to outline. Those of you who've gone to school with me before may recall that I'm a freakishly comprehensive notetaker. Little escapes my notes. I offer you the following:
From Contracts
  • Learned Hand was consumed by anxiety and boredom at law school, so we can all take heart from that.
  • Things that are time-consuming for the court generally don't happen. They just try to figure out a way to make the parties go away. In Copylease, the judge is trying to raise the parties' litigation costs partly to drive them into negotiation.
From Torts (all direct quotes from my wacky Torts professor)
  • Law is violence. Law is force. That's why people are attracted to it.
  • Tort law is fundamentally socialistic. There's an ethics embedded here. The state enforces social solidarity between people.
  • Judicial Opinions generally don't acknowledge the horrible magnitude fo their task. This is a weird blind spot in legal culture.
  • Without freedom, what are we? Wage slaves, like you all will be.


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