Saturday, February 28, 2009
Thursday, February 26, 2009
And like that, it's gone
Yes the bar is officially over today. It's hard to get really excited because it will be a couple of months before I know if I performed well enough to actually pass the thing. However, today also marks the day where the beard says farewell...kinda. Truth be told, I've grown attached to the darn thing. Shaving it all off in one day might have been a bit traumatic, so I am going to keep a little of the beard and the stache through the weekend, then shave the rest off. Here are some pictures of the process.This is the before shot and wow, that's an unkempt mess.
The first couple of cuts.
My imitation of the always popular chin strap.
Clean cheeks and a clean neck at last.
Some detail work.
Even after a trim, I still got it.
~fin
Wednesday, February 25, 2009
Tuesday, February 24, 2009
Visualization of Data
Big ups go out to Bree for the graphs. These are way better than anything I could have done. The abrupt drop and sustained diastolic bp is really interesting to me.
Monday, February 23, 2009
Pray for Mojo
It's time. Thanks to all who wished me luck today. If you get a chance tomorrow, say a little prayer that I'm not being asked about the Rule Against Perpetuities or Derivative Shareholder suits.
For the beard!
For the beard!
Brief Synopsis
Bree has kindly agreed to put all of my health information into an easy to understand graph that I can post on the site. I will have that information up as soon as I get a moment. However, I first wanted to make a few general observations about the numbers and what I think they mean.
If you remember, I said that the goal was to track my stress levels and try to measure how levels of stress impacted my body. Specifically, my hypothesis was that higher levels of stress would result in more headaches and higher blood pressure. On a few days, I also had Julie take my pulse. I wish this is something I would have done throughout because I feel like this too might have been a good indicator to watch.
After a general review of the information, I would have to say my hypothesis was not supported by the data. It appears from the readings that the days where my perceived stress level was highest, my blood pressure actually was abnormally low.
My highest stress day was a single 9 on February 17. While this was far and away my worst day, my systolic blood pressure was only slightly elevated at 128/62. Contrast this with my only reading of 1 on my stress chart, and my blood pressure on that day was 122/80. This represents a slightly lower systolic bp, but the diastolic number is actually a good deal higher. So from these two preliminary variables, I certainly did not see a large gap in pressures as I was expecting.
Now check this out: my two lowest readings came on days where I had high stress levels of seven and eight. On these two days, I had readings of 118/48 and 118/52 respectively. Then the next two lowest were on low stress days of two and three where I had readings of 118/72 and 118/76 respectively. Again, these recordings do not seem to indicate any appreciable impact of stress to my blood pressure.
In fact, my highest reading was on a day where I estimated my stress as only intermediate, at a four. Headaches also did not seem to favor high stress versus low stress, as they were pretty evenly clustered throughout many different stress level days.
In conclusion, I have a couple observations to make. It seems to me highly suspect that high stress levels would not impact bp in a meaningful way, but that is what the information here is telling me. However, what may actually be more telling is that the stress that I feel in my mind may not actually be representative of the stress levels in my body as much as I thought. When I felt like my heart was racing and my stomach was tied in knots, the measurements we took seem to suggest just the opposite. I propose that perhaps a lot of the stress people deal with on a daily basis, most of which is manufactured by uncertainty or doubt in the mind, may not be due to any meaningful physiological change in the body. There are those of you with knowledge far broader than mine in this area, so check the graph when it is up and tell me what you think.
If you remember, I said that the goal was to track my stress levels and try to measure how levels of stress impacted my body. Specifically, my hypothesis was that higher levels of stress would result in more headaches and higher blood pressure. On a few days, I also had Julie take my pulse. I wish this is something I would have done throughout because I feel like this too might have been a good indicator to watch.
After a general review of the information, I would have to say my hypothesis was not supported by the data. It appears from the readings that the days where my perceived stress level was highest, my blood pressure actually was abnormally low.
My highest stress day was a single 9 on February 17. While this was far and away my worst day, my systolic blood pressure was only slightly elevated at 128/62. Contrast this with my only reading of 1 on my stress chart, and my blood pressure on that day was 122/80. This represents a slightly lower systolic bp, but the diastolic number is actually a good deal higher. So from these two preliminary variables, I certainly did not see a large gap in pressures as I was expecting.
Now check this out: my two lowest readings came on days where I had high stress levels of seven and eight. On these two days, I had readings of 118/48 and 118/52 respectively. Then the next two lowest were on low stress days of two and three where I had readings of 118/72 and 118/76 respectively. Again, these recordings do not seem to indicate any appreciable impact of stress to my blood pressure.
In fact, my highest reading was on a day where I estimated my stress as only intermediate, at a four. Headaches also did not seem to favor high stress versus low stress, as they were pretty evenly clustered throughout many different stress level days.
In conclusion, I have a couple observations to make. It seems to me highly suspect that high stress levels would not impact bp in a meaningful way, but that is what the information here is telling me. However, what may actually be more telling is that the stress that I feel in my mind may not actually be representative of the stress levels in my body as much as I thought. When I felt like my heart was racing and my stomach was tied in knots, the measurements we took seem to suggest just the opposite. I propose that perhaps a lot of the stress people deal with on a daily basis, most of which is manufactured by uncertainty or doubt in the mind, may not be due to any meaningful physiological change in the body. There are those of you with knowledge far broader than mine in this area, so check the graph when it is up and tell me what you think.
Sunday, February 22, 2009
Fine Lines
I think the thing I have grown to hate the most about the bar is the fine line distinctions we are supposed to draw on the MBE portion of the exam. For example, I know criminal law like the back of my hand. I can easily recall the difference between the elements of involuntary manslaughter based on a negligence standard and depraved heart murder which is based on a wanton or willful conduct standard. It is aggravating that, rather than testing me on this, they use subjective fine line distinctions to trick you.
For example, how would you classify a husband's conduct who left his wife as she went into insulin shock, solely so he could attend a playoff basketball game? Is this negligent conduct, or wanton and willful conduct if the facts say that he knew she would go into a coma in a matter of hours? In truth, I think you could effectively argue this either way. I personally went with wanton and willful conduct, but the authors of my textbook disagreed and characterized this as mere negligence without further review. Never mind that the facts went on to say the game went into three overtimes and by the time he returned, she had died.
Take another of my favorite fine line tests. Arson is the burning of the dwelling place of another with malice. Forget for a second the elements of malice and just assume that this element is present in this question. If I told you a guy set fire to the curtains of another's dwelling place and that the fire spread to and charred the walls and ceilings, would you say that an arson had taken place? What if under the same facts as above, I said that the walls and ceilings had been seared instead? What if they had been scorched? The correct answer is that under the charred facts, an arson is said to have taken place, but not under the seared or scorched facts. Problem is, they will try to trick you and say the curtains or carpet were charred, but hold on a second, that's not an arson. The charring must happen on the walls or ceiling for arson to exist, but mere searing or scorching of the walls is not enough.
My point is, give me five minutes and a captive audience, and I can pretty much guarantee you that I can make a compelling argument that goes either way. This is essentially what lawyers do. The fact that one can be wrong simply for choosing the wrong adjective, or misapplying what is essentially a subjective test, seems silly to me.
For example, how would you classify a husband's conduct who left his wife as she went into insulin shock, solely so he could attend a playoff basketball game? Is this negligent conduct, or wanton and willful conduct if the facts say that he knew she would go into a coma in a matter of hours? In truth, I think you could effectively argue this either way. I personally went with wanton and willful conduct, but the authors of my textbook disagreed and characterized this as mere negligence without further review. Never mind that the facts went on to say the game went into three overtimes and by the time he returned, she had died.
Take another of my favorite fine line tests. Arson is the burning of the dwelling place of another with malice. Forget for a second the elements of malice and just assume that this element is present in this question. If I told you a guy set fire to the curtains of another's dwelling place and that the fire spread to and charred the walls and ceilings, would you say that an arson had taken place? What if under the same facts as above, I said that the walls and ceilings had been seared instead? What if they had been scorched? The correct answer is that under the charred facts, an arson is said to have taken place, but not under the seared or scorched facts. Problem is, they will try to trick you and say the curtains or carpet were charred, but hold on a second, that's not an arson. The charring must happen on the walls or ceiling for arson to exist, but mere searing or scorching of the walls is not enough.
My point is, give me five minutes and a captive audience, and I can pretty much guarantee you that I can make a compelling argument that goes either way. This is essentially what lawyers do. The fact that one can be wrong simply for choosing the wrong adjective, or misapplying what is essentially a subjective test, seems silly to me.
Saturday, February 21, 2009
Bar Numbers
0 - Razor blades used
1 - Disgruntled wife
2 - Unimpressed parents (my dad threatened to beat me up if I didn't shave)
3 - Cans of Coke consumed
4 - Different zip up fleeces worn
5 - Disciples of the Beard
6 - Double tested subjects learned and essay subjects reviewed
7 - Posts in January
8 - Long outlines read
9 - Sleepless nights
10 - Hours on average spent studying per day
11 - Days in a row of purely studying
12 - Umbrellas, ah ah ah
13 - Distinct subjects reviewed
14 - Hours of studying (longest single day)
15 - Comments in February
16 - Hours spent testing on the bar
19 - My favorite number
20 - Days off work
21 - Cans of Mountain Dew consumed
22 - Full days of study (so far)
25 - February posts (so far)
26 - February posts counting this one
43 - Hours of lectures listened to on CD
Check back soon for the health numbers I know you all have been waiting for with bated breath. I think I have some pretty interesting information to share.
1 - Disgruntled wife
2 - Unimpressed parents (my dad threatened to beat me up if I didn't shave)
3 - Cans of Coke consumed
4 - Different zip up fleeces worn
5 - Disciples of the Beard
6 - Double tested subjects learned and essay subjects reviewed
7 - Posts in January
8 - Long outlines read
9 - Sleepless nights
10 - Hours on average spent studying per day
11 - Days in a row of purely studying
12 - Umbrellas, ah ah ah
13 - Distinct subjects reviewed
14 - Hours of studying (longest single day)
15 - Comments in February
16 - Hours spent testing on the bar
19 - My favorite number
20 - Days off work
21 - Cans of Mountain Dew consumed
22 - Full days of study (so far)
25 - February posts (so far)
26 - February posts counting this one
43 - Hours of lectures listened to on CD
Check back soon for the health numbers I know you all have been waiting for with bated breath. I think I have some pretty interesting information to share.
Friday, February 20, 2009
Commercial Paper
Today marks a day where I am looking into a few remaining areas of the law that may or may not be covered on the bar. One of these areas, commercial paper, is a subject I actually do not remember covering in law school. I thought it would be part of the secured transactions stuff, but it appears as if it may have been something I either did not take, or was skipped over by one of my professor due to time constraints.
It's a little strange to think that I need to teach myself something entirely foreign when I have so much other information that probably needs harmonized. However, because this is a U.C.C. subject, failure to know the rules pretty much dooms you to fail the question. For instance, a lot of the material deals with holders in due course and liability on negotiated instruments like checks and bills of lading. Unlike a lot of contract law stuff, much of the law in this area seems pretty counter intuitive to me. For instance, if someone steals your checkbook and writes a check to himself forging your name, the person who holds that check has good title. Thus, when the check is presented, the risk lies with the bank or entity cashing it, not the original drawer. The rationale is that the forgery operates as the signature of the forger, so that the presenter has good title in the forger's instrument.
This is exactly what I need right now.
It's a little strange to think that I need to teach myself something entirely foreign when I have so much other information that probably needs harmonized. However, because this is a U.C.C. subject, failure to know the rules pretty much dooms you to fail the question. For instance, a lot of the material deals with holders in due course and liability on negotiated instruments like checks and bills of lading. Unlike a lot of contract law stuff, much of the law in this area seems pretty counter intuitive to me. For instance, if someone steals your checkbook and writes a check to himself forging your name, the person who holds that check has good title. Thus, when the check is presented, the risk lies with the bank or entity cashing it, not the original drawer. The rationale is that the forgery operates as the signature of the forger, so that the presenter has good title in the forger's instrument.
This is exactly what I need right now.
Thursday, February 19, 2009
Why the Bar?
After this experience is finally over, I wonder if I will ever be able to hear the word bar again and think of a beer instead of a test. A bar is supposed to be a place you go to get a cold drink after a hard day of work, not a life altering testing event jammed in over three days. Nurses have boards, and other professions have licensing and certification examinations, but only lawyers take the bar. Maybe it is a recommendation of where to go after the test is over?
Wednesday, February 18, 2009
She Done
I thought I would comment on some news stories I read recently that I found interesting. First, did you all see the story about the chick who was mauled by a chimpanzee? One of the things we learned in torts was strict liability for non-domesticated animals. Basically, the chick who owned the chimp is pretty much completely toast if the woman who was mauled sues her.
I also was intrigued by the headline of the woman who swam the Atlantic Ocean and gave it a click. As I read the story, something did not quite make sense to me at the time. I had heard of people swimming the English Channel, but the entire Atlantic? Although the story was right in front of me, for some reason, I just didn't believe it.
A day or so later, more details were released about this woman's feat. First, she started on an island off the coast of Africa which was a roughly 500 mile head start on her journey. Damning, but still an impressive overall feat. Then we were told that if you examined the time which the woman claimed to have made the journey by the total distance she would have needed to swim, that someone swimming at Michael Phelps' fastest time would not have been able to cover that distance swimming 24 hours per day without stop. Basically, the whole story was completely bogus. Instead, the woman swam periodically as her sailboat sailed west and instead of swimming like 2,500 miles or so from Africa, she actually swam about 200-250 miles total. This is an impressive feat worthy of praise, but it does not constitute swimming across the Atlantic by a long shot.
The final story I saw of some legal significance involved a man who recently won an award after being injured by a subway train in New York. The man was drunk and fell onto a subway track where one of his legs was severed. It sounds like the guy's lawyer invoked the last clear chance doctrine of negligence, and was able to successfully plead his case. The plaintiff was found to be 33% comparatively negligent, and his award was reduced by this amount. Lee v. Chicago Transit Authority anyone?
I also was intrigued by the headline of the woman who swam the Atlantic Ocean and gave it a click. As I read the story, something did not quite make sense to me at the time. I had heard of people swimming the English Channel, but the entire Atlantic? Although the story was right in front of me, for some reason, I just didn't believe it.
A day or so later, more details were released about this woman's feat. First, she started on an island off the coast of Africa which was a roughly 500 mile head start on her journey. Damning, but still an impressive overall feat. Then we were told that if you examined the time which the woman claimed to have made the journey by the total distance she would have needed to swim, that someone swimming at Michael Phelps' fastest time would not have been able to cover that distance swimming 24 hours per day without stop. Basically, the whole story was completely bogus. Instead, the woman swam periodically as her sailboat sailed west and instead of swimming like 2,500 miles or so from Africa, she actually swam about 200-250 miles total. This is an impressive feat worthy of praise, but it does not constitute swimming across the Atlantic by a long shot.
The final story I saw of some legal significance involved a man who recently won an award after being injured by a subway train in New York. The man was drunk and fell onto a subway track where one of his legs was severed. It sounds like the guy's lawyer invoked the last clear chance doctrine of negligence, and was able to successfully plead his case. The plaintiff was found to be 33% comparatively negligent, and his award was reduced by this amount. Lee v. Chicago Transit Authority anyone?
Tuesday, February 17, 2009
21 Days
Three weeks of beard growth today. I have included the above photo to show infrablue proof of my continued and untrimmed growth. The smudgy areas under my nose are faint traces of where cranial fluid has been leaking out of my skull all week. Please note that they are not the not tell tale signs of illicit drug use.
Quite the Juxtaposition
Congratulations are due to the little lady. Julie successfully passed her PCCN certification this morning with flying colors as I knew she would. For more details about what a PCCN certification is, please contact her directly because I haven't got the slightest idea.
It is hard not to compare her recent testing experience to my upcoming one, because the whole scenario is rather comical. Her test was administered at a branch office of H&R Block, in a less than reputable strip mall, somewhere in Groveport. She took the test in a little over an hour, in a small room with only three other people, and none of whom were taking the same test as she was. Consider also that she received her results mere moments after she finished the test.
Contrast this with my test which will be taken downtown at Veteran's Memorial over three days in a cavernous room with around 500 white-knuckled slaves who will not find out the fruits of their tortuous labor until months later.
It is hard not to compare her recent testing experience to my upcoming one, because the whole scenario is rather comical. Her test was administered at a branch office of H&R Block, in a less than reputable strip mall, somewhere in Groveport. She took the test in a little over an hour, in a small room with only three other people, and none of whom were taking the same test as she was. Consider also that she received her results mere moments after she finished the test.
Contrast this with my test which will be taken downtown at Veteran's Memorial over three days in a cavernous room with around 500 white-knuckled slaves who will not find out the fruits of their tortuous labor until months later.
Sunday, February 15, 2009
Avast Me Hearties!
I put off an official statement in order to be exceedingly sure, but I have a really important announcement to make. From this point forward, I am to be known as Rodgers the Red Bearded Welsh Terror, or RBWT for short. You heard it here my friends, my beard is growing in predominantly red. If you look at my latest picture, you can clearly see that where the light hits the follicles in the bottom left, there is a distinct red glimmer.
A schedule for plundering will be released shortly.
A schedule for plundering will be released shortly.
Crunch Time
These are the times that try men's souls. Luckily, I have my beard to keep it from leaking out of my face. The studying continues, and I have been somewhat blessed because Julie is also preparing for a certification test this week. Thus, the two of us have been able to support each other in our efforts to prepare without making the other feel neglected.
As a way of keeping myself organized, I wanted to share a progress report of my work and my game plan for the coming week.
As I may have mentioned in the past, the bar contains six double tested subjects. These include constitutional law, contracts, criminal law/procedure, evidence, property/future interests, and torts. I have been hitting these subjects really hard and I feel good about all of them with the exception of evidence. Thus, evidence will garner the bulk of my attention for the rest of the day today.
Starting tomorrow, I intend to briefly rehash these six before moving onto wills. I am giving myself tomorrow for wills, Tuesday and Wednesday for civil procedure, Thursday for commercial paper and Friday for legal ethics. You may ask why I am spending only a day or two on these subjects when I have spent days on the others, and this is because these questions can only arise as essays on the bar. Furthermore, it is possible some will only be asked as a crossover in a bigger topic or perhaps, not at all. Contrast this with the fact that the others will all assuredly be tested on the multiple choice and the essays, and the division of my time should be more clear.
That leaves Saturday and Sunday for more practice multiple choice and essay problems. I also hope to at least make an effort at reading some of the past exam questions and answers by way of review. If all goes according to plan, that will leave me Monday to do absolutely nothing. In actuality, I will probably select the double tested subject I feel the worst about and again listen to the lecture for one last chance at reinforcement.
As a way of keeping myself organized, I wanted to share a progress report of my work and my game plan for the coming week.
As I may have mentioned in the past, the bar contains six double tested subjects. These include constitutional law, contracts, criminal law/procedure, evidence, property/future interests, and torts. I have been hitting these subjects really hard and I feel good about all of them with the exception of evidence. Thus, evidence will garner the bulk of my attention for the rest of the day today.
Starting tomorrow, I intend to briefly rehash these six before moving onto wills. I am giving myself tomorrow for wills, Tuesday and Wednesday for civil procedure, Thursday for commercial paper and Friday for legal ethics. You may ask why I am spending only a day or two on these subjects when I have spent days on the others, and this is because these questions can only arise as essays on the bar. Furthermore, it is possible some will only be asked as a crossover in a bigger topic or perhaps, not at all. Contrast this with the fact that the others will all assuredly be tested on the multiple choice and the essays, and the division of my time should be more clear.
That leaves Saturday and Sunday for more practice multiple choice and essay problems. I also hope to at least make an effort at reading some of the past exam questions and answers by way of review. If all goes according to plan, that will leave me Monday to do absolutely nothing. In actuality, I will probably select the double tested subject I feel the worst about and again listen to the lecture for one last chance at reinforcement.
Friday, February 13, 2009
Awake
Apparently, I cannot sleep anymore. It's not really accurate to say that I cannot sleep; rather, I don't feel that I even need sleep right now. What else can one conclude when I have laid in bed for over three hours without one meaningful moment of sleep, only to get up wide awake as though I had not even been trying. At this moment, I am skeptical about the utility of the process at all.
Unfortunately, this poses a catch 22 dilemma.
When I am awake, I need to study because I cannot when I am sleeping. The more that I study, the less likely I will be able to go to sleep. In all honesty, I am at the point now where I think I will go on a marathon session just so that I can crash and recover well before actual test week.
Unfortunately, this poses a catch 22 dilemma.
When I am awake, I need to study because I cannot when I am sleeping. The more that I study, the less likely I will be able to go to sleep. In all honesty, I am at the point now where I think I will go on a marathon session just so that I can crash and recover well before actual test week.
Thursday, February 12, 2009
Wednesday, February 11, 2009
It's Complicated
The answer here is ultimately not important to my point. Rather, this question attempts to demonstrate the depth of knowledge needed to answer a question that most of us probably all know a little something about. For example, to correctly answer this question, you really need to know at least: 1) the order of succession, 2) what impact, if any, location has on succession, 3) what impact, if any, citizenship has on succession, and 4) what types of scenarios are covered by the Act.
Here, I think a lot of people might know right away that the third in line after the President and Vice President is the Speaker of the House. However, most people probably were a little put off by the fact that she was out of the country, and also wondered at the significance of her citizenship at birth. This answer is wrong if you realize that only national born citizens may hold the office of the President. So, no matter where the Speaker of the House is located, C cannot be the right answer.
The most easily eliminated choice is probably D, because you really only need to have a basic understanding of the Presidential Succession Act to know that it applies upon the death, incapacity, resignation or removal from office of the President.
If you really know the succession schedule well, you realized that the President pro tempore of the Senate is the next in line of succession, after the Speaker of the House is eliminated due to her citizenship. The President pro tempore's location, while curious, does not preclude her assuming the duties of the presidency, and is the best of the possible answers.
The Secretary of State is the next in line after the President pro tempore of the Senate. However, her ability to take office has nothing to do with the Secretary of the Treasury, because the Treasury Secretary is behind her in succession.
Here, I think a lot of people might know right away that the third in line after the President and Vice President is the Speaker of the House. However, most people probably were a little put off by the fact that she was out of the country, and also wondered at the significance of her citizenship at birth. This answer is wrong if you realize that only national born citizens may hold the office of the President. So, no matter where the Speaker of the House is located, C cannot be the right answer.
The most easily eliminated choice is probably D, because you really only need to have a basic understanding of the Presidential Succession Act to know that it applies upon the death, incapacity, resignation or removal from office of the President.
If you really know the succession schedule well, you realized that the President pro tempore of the Senate is the next in line of succession, after the Speaker of the House is eliminated due to her citizenship. The President pro tempore's location, while curious, does not preclude her assuming the duties of the presidency, and is the best of the possible answers.
The Secretary of State is the next in line after the President pro tempore of the Senate. However, her ability to take office has nothing to do with the Secretary of the Treasury, because the Treasury Secretary is behind her in succession.
A Feeble Attempt
I have had a few people ask me why I think multiple choice portion of the bar exam will be harder than the essays. My response would be that the essays generally test issue spotting, and fairly broad recitations of the law. Contrast this with the fact that the MBE tests intricate knowledge and dexterity of very specific rules and their exceptions. To illustrate, I have thought up an example which I think may properly expose this dynamic.
Consider the following question I dreamed up.
Yesterday morning, a very serious carbon monoxide leak occurred at the White House. Due to this leak, the President and the Vice President were incapacitated and remain incapacitated. The Secretary of State is currently in Maine, and the President pro tempore of the Senate is on a public relations tour in Niagara Falls, Canada. The Speaker of the House of Representatives, a natural born citizen of Mexico, is currently traveling overseas in Taiwan and will not be back in country for at least another 24 hours.
Assuming these facts, and no changes to the current Presidential Succession Act, who should act as President?
A. The President pro tempore of the Senate, because she is the next eligible official in succession.
Consider the following question I dreamed up.
Yesterday morning, a very serious carbon monoxide leak occurred at the White House. Due to this leak, the President and the Vice President were incapacitated and remain incapacitated. The Secretary of State is currently in Maine, and the President pro tempore of the Senate is on a public relations tour in Niagara Falls, Canada. The Speaker of the House of Representatives, a natural born citizen of Mexico, is currently traveling overseas in Taiwan and will not be back in country for at least another 24 hours.
Assuming these facts, and no changes to the current Presidential Succession Act, who should act as President?
A. The President pro tempore of the Senate, because she is the next eligible official in succession.
B. The Secretary of State, as long as she is in the country and the Secretary of the Treasury is unavailable.
C. The Speaker of the House, provided that it does not matter where she is located.
D. None of these officials. The Presidential Succession Act only applies when the President dies or is removed from office.
While the answer is not important to establish my point, this site lacks interactivity. Therefore, enter your answer and check back soon for the results.
Tuesday, February 10, 2009
Just An Idea
Some of you have asked about what I am studying and how I am going about organizing my time. While it would be a bit complicated and time consuming to layout my month long plan of attack in its entirety, I wanted to give you some evidence of why this would be so daunting.
As you can see, I have a lot of material to get through. The stuff I put on the table for the picture is actually only about 2/3 of the total amount of workbooks I possess. There was an entire other box that I didn't feel like unpacking
As you can see, I have a lot of material to get through. The stuff I put on the table for the picture is actually only about 2/3 of the total amount of workbooks I possess. There was an entire other box that I didn't feel like unpacking
As Promised
Today marks two weeks of unencumbered beard growth. I would have to say that the growth thus far is right on par with what I expected. Not surprisingly, it appears the main area of beard deficiency is on and around my cheeks. I have two very measly strands of brave follicles that are nobly trying to fill this breach. Alas, I fear they may be ultimately unsuccessful.
Due to the restrictions presented by using my normal means of conveying daily photos, I have taken the liberty of snapping some additional pictures today for your amusement. I thought it only proper that you should have a full representation of just what we're dealing with here.
To my co-workers that I saw briefly today, it was good to see you all. I am sorry I did not have more time to chat with most of you, but that is the reality of being parked at a State Street meter with only a dime at your disposal.
Monday, February 9, 2009
Easy Listening
It is funny what happens to your perspective on life when you are consumed with a singular purpose. For the past week, my purpose has been to study and prepare for the bar. One way I have been preparing is by listening to lectures on CDs, usually in my car. I find that I cannot simply sit in the house and listen to lectures, so instead, I usually go on long drives of two, three or even four hours to digest the material.
I find driving serves as a sort of distraction, a subtle trick to make my brain believe I'm doing one thing, when in fact, I'm doing another. While the basic modes of my brain are actively engaged in driving, I actually find I can concentrate really clearly on the information being conveyed via lecture. Besides, being off work means I need an excuse to get out of the house anyway.
As I wrapped up a medium length drive tonight around 11:00, I came to a clear stopping point in a lecture a few minutes before I returned home. Almost by accident, I flipped the channel over to the radio instead of just turning the radio off. Listening to the music, it sounded like it was the best and clearest signal I had ever received. I realized that I had not listened to anything other than lectures in my car for over a week. I have been so consumed with these lectures, and finding opportunities to listen to them, that the music was a great reminder that things were still going on normally in the world, whether I was there to appreciate them or not. I do not know why, but that fact was pretty calming and it was really mentally rewarding to have a second to listen for pleasure instead of for rote memorization.
I find driving serves as a sort of distraction, a subtle trick to make my brain believe I'm doing one thing, when in fact, I'm doing another. While the basic modes of my brain are actively engaged in driving, I actually find I can concentrate really clearly on the information being conveyed via lecture. Besides, being off work means I need an excuse to get out of the house anyway.
As I wrapped up a medium length drive tonight around 11:00, I came to a clear stopping point in a lecture a few minutes before I returned home. Almost by accident, I flipped the channel over to the radio instead of just turning the radio off. Listening to the music, it sounded like it was the best and clearest signal I had ever received. I realized that I had not listened to anything other than lectures in my car for over a week. I have been so consumed with these lectures, and finding opportunities to listen to them, that the music was a great reminder that things were still going on normally in the world, whether I was there to appreciate them or not. I do not know why, but that fact was pretty calming and it was really mentally rewarding to have a second to listen for pleasure instead of for rote memorization.
Saturday, February 7, 2009
Worth The Read
I wanted to share with everyone one of the practice multiple choice questions I did the other day. I originally planned to reproduce the entire lengthy question here for all of your amusement, but I thought the original author of said question may not be amused by this. Thus, I will give you the gist of the fact pattern below.
It started off as a question where a junior female associate was fired from a law firm. We are told she was terminated in order for one of the senior partners to hire a client's son who had just graduated from a prestigious law school. In order to exact her revenge for the misogynistic behavior of the partner, the female associate used her key to enter the law firm with an accomplice later that evening.
After entering the premises, the recently fired associate and her friend proceeded to break into the partner's private office which also contained a private bathroom. In the bathroom hung a large floor-to-ceiling mirror, which the fired associate and her friend removed and replaced with a two-way mirror. Unknown to the partner, his bathroom was adjacent to a busy sidewalk outside the firm. Outside, the spurned lawyer and her friend placed a window with large curtains, and the facts told me that she did not intend for the public to see the partner. Rather, she only intended for the partner to believe someone had been pulling the curtain back exposing his bathroom rituals.
At this point, I am thinking this has got to be one of the most ridiculous questions I have ever read. I started out thinking about an unlawful termination issue, a trespass issue and how this scenario did not meet the criteria for burglary etc... Now, I am thinking they want me to think about an intentional tort because of the added facts about her intent. Here's where it gets really good.
The next day the partner returns to work, and just happens to bring his adult son with him to see the inside of the building. Heeding the call of nature, the son enters the bathroom and quickly hears some commotion outside due to the curtains having been left open. After a quick examination, the son sees that there is a two way mirror in place and runs to tell his father. Arriving outside on the sidewalk, the son show his father the arrangement and how the entire bathroom is visible to everyone on the street. The partner, who as a cross dresser liked to wear a bra and women's panties beneath his expensive Italian suits, was so affected by the thought that people had seen his preferred undergarments that he abruptly suffered a heart attack.
Wait, what?
Wow...just, wow man. If the goal of the question was to completely throw me off at the end, mission accomplished. The question we were supposed to answer after all of this was, in an action by the partner against the associate for infliction of mental distress, the fact that the son discovered the mirror-window and showed it to his father has what legal effect?
Who cares about that? All I kept thinking was that the nurses and doctors in the emergency room were going to be in for a real treat when they cut this guy's suit off.
It started off as a question where a junior female associate was fired from a law firm. We are told she was terminated in order for one of the senior partners to hire a client's son who had just graduated from a prestigious law school. In order to exact her revenge for the misogynistic behavior of the partner, the female associate used her key to enter the law firm with an accomplice later that evening.
After entering the premises, the recently fired associate and her friend proceeded to break into the partner's private office which also contained a private bathroom. In the bathroom hung a large floor-to-ceiling mirror, which the fired associate and her friend removed and replaced with a two-way mirror. Unknown to the partner, his bathroom was adjacent to a busy sidewalk outside the firm. Outside, the spurned lawyer and her friend placed a window with large curtains, and the facts told me that she did not intend for the public to see the partner. Rather, she only intended for the partner to believe someone had been pulling the curtain back exposing his bathroom rituals.
At this point, I am thinking this has got to be one of the most ridiculous questions I have ever read. I started out thinking about an unlawful termination issue, a trespass issue and how this scenario did not meet the criteria for burglary etc... Now, I am thinking they want me to think about an intentional tort because of the added facts about her intent. Here's where it gets really good.
The next day the partner returns to work, and just happens to bring his adult son with him to see the inside of the building. Heeding the call of nature, the son enters the bathroom and quickly hears some commotion outside due to the curtains having been left open. After a quick examination, the son sees that there is a two way mirror in place and runs to tell his father. Arriving outside on the sidewalk, the son show his father the arrangement and how the entire bathroom is visible to everyone on the street. The partner, who as a cross dresser liked to wear a bra and women's panties beneath his expensive Italian suits, was so affected by the thought that people had seen his preferred undergarments that he abruptly suffered a heart attack.
Wait, what?
Wow...just, wow man. If the goal of the question was to completely throw me off at the end, mission accomplished. The question we were supposed to answer after all of this was, in an action by the partner against the associate for infliction of mental distress, the fact that the son discovered the mirror-window and showed it to his father has what legal effect?
Who cares about that? All I kept thinking was that the nurses and doctors in the emergency room were going to be in for a real treat when they cut this guy's suit off.
Thursday, February 5, 2009
Damnum Absque Injuria
Today I learned perhaps my favorite and the funniest legal doctrine of my studies so far, the Doctrine of Damnum Absque Injuria. As it regards to property, the doctrine of Damnum Absque Injuria describes the legal remedy of an adjacent property owner when his neighbor makes use of underground percolating water to his detriment. Literally translated, Damnum Absque Injuria means "too damn bad" and there is no remedy for the neighbor at common law.
Not surprisingly, this doctrine is no longer good law and has been replaced with a test that requires property owners to only make reasonable withdrawals of underground percolating water. You may be asking why I keep using the word percolating. Obviously it is to differentiate the difference between riparian water rights and standing water rights. Obviously.
Not surprisingly, this doctrine is no longer good law and has been replaced with a test that requires property owners to only make reasonable withdrawals of underground percolating water. You may be asking why I keep using the word percolating. Obviously it is to differentiate the difference between riparian water rights and standing water rights. Obviously.
Manscaping
There is a great article in the Columbus Dispatch today about the comeback of facial hair. This is a required reading for all disciples of the beard.
Wednesday, February 4, 2009
A Ragged Thief
I think the word ragged most adeptly describes my current appearance. By now I am out of the "he forgot to shave phase" and am quickly moving into the "is it man or beast phase". Today also marks the point in time that I believe is the longest I have gone without shaving. The irony in all of this is that I really do not notice my level of unkemptness unless I am parked in front of a mirror. However, every once in a while I will pass a reflective surface and be startled by the bearded hooligan staring back at me.
Yesterday marked my first public incident with the beard. I use a credit union for my banking that does not have a lot of convenient branches around Columbus. However, credit unions do something called shared banking where you can stop at any entity within the network and transact normal business. Yesterday, I stopped into a branch of a credit union near our house that I had never been into before.
Now, it just so happens that this particular branch is in a pretty well-to-do area, and I apparently stopped in just before they closed at 4:30. While I was oblivious to this at the time, imagine the reaction of the four elderly female employees when a unshaven and frazzled looking dude walks into their shop for the first time in recorded history. Compound this with the fact that I was carrying in a single check and that I was wearing a T-shirt and no jacket on a day where the temperature was well below freezing. In retrospect, I now believe that what I thought was just their annoyance with someone walking in right before closing time, may actually have been some very tense nerves from the quartet of remaining tellers.
Yesterday marked my first public incident with the beard. I use a credit union for my banking that does not have a lot of convenient branches around Columbus. However, credit unions do something called shared banking where you can stop at any entity within the network and transact normal business. Yesterday, I stopped into a branch of a credit union near our house that I had never been into before.
Now, it just so happens that this particular branch is in a pretty well-to-do area, and I apparently stopped in just before they closed at 4:30. While I was oblivious to this at the time, imagine the reaction of the four elderly female employees when a unshaven and frazzled looking dude walks into their shop for the first time in recorded history. Compound this with the fact that I was carrying in a single check and that I was wearing a T-shirt and no jacket on a day where the temperature was well below freezing. In retrospect, I now believe that what I thought was just their annoyance with someone walking in right before closing time, may actually have been some very tense nerves from the quartet of remaining tellers.
Fee Simple Absolute
I am a little over half way through my first work week of studying. So far, things seem to be going reasonably well. I finished up torts last night and did some practice questions which was thoroughly demoralizing. The MBE portion of the exam, or multiple choice to the layman, is pretty much the collective work of a bunch of seasoned lawyers who are out to try and trick you on every question. There is nothing more frustrating than reading a question on a subject matter you absolutely know cold, then not being able to answer it simply because the answers are written in some arcahic form of the English language.
Today I put torts aside and moved into property law. This is an area most people find to be the most difficult simply because of the sheer volume of information that can be tested. In my opinion, property is difficult because it still frequently utilizes common law tools from hundreds of years ago. The terminology is also pretty hard to get your head around. For example, we will be tested on our intimate knowledge of what distinguishes a fee simple subject to a condition subsequent, from a fee simple subject to a shifting executory interest. If you really want to make your head explode, google or wikipedia the Rule Against Perpetuities.
I am hoping to finish up property today and move into criminal law tomorrow. We'll see how the MBE questions go tonight.
Today I put torts aside and moved into property law. This is an area most people find to be the most difficult simply because of the sheer volume of information that can be tested. In my opinion, property is difficult because it still frequently utilizes common law tools from hundreds of years ago. The terminology is also pretty hard to get your head around. For example, we will be tested on our intimate knowledge of what distinguishes a fee simple subject to a condition subsequent, from a fee simple subject to a shifting executory interest. If you really want to make your head explode, google or wikipedia the Rule Against Perpetuities.
I am hoping to finish up property today and move into criminal law tomorrow. We'll see how the MBE questions go tonight.
Monday, February 2, 2009
Round Two
Sorry for the crappy picture today. Apparently, the lighting in the law school library is not ideal for my laptop’s webcam. However, all is not lost as I am also attaching today’s health numbers. I have a few general observations to make about this data so far.
First, it seems the body fat readings I am getting may be more accurate than I originally thought. Upon closer review, it appears that these numbers are greatly influenced by when in the day they are taken. For example, my morning readings have been much lower, which I surmise is probably due to the fact that I am not as well hydrated in the mornings as I am in the evenings. The two abnormally high readings I have had were both taken at night. I know my more scientific readers will chuckle at my very unscientific approach of not controlling the variable of time. Just remember, I am a political scientist, not a scientist.
Second, my weight seems to be pretty steady right at 210. One noteworthy observation I have been able to make is that while my weight has remained constant, I have trimmed down a bit with some recent exercise. Charting my body fat numbers on a daily basis also seems to support this trend. This will be something interesting to continue to monitor, and I am particularly interested in when the decreases in body fat percentages will start impacting my overall weight.
First, it seems the body fat readings I am getting may be more accurate than I originally thought. Upon closer review, it appears that these numbers are greatly influenced by when in the day they are taken. For example, my morning readings have been much lower, which I surmise is probably due to the fact that I am not as well hydrated in the mornings as I am in the evenings. The two abnormally high readings I have had were both taken at night. I know my more scientific readers will chuckle at my very unscientific approach of not controlling the variable of time. Just remember, I am a political scientist, not a scientist.
Second, my weight seems to be pretty steady right at 210. One noteworthy observation I have been able to make is that while my weight has remained constant, I have trimmed down a bit with some recent exercise. Charting my body fat numbers on a daily basis also seems to support this trend. This will be something interesting to continue to monitor, and I am particularly interested in when the decreases in body fat percentages will start impacting my overall weight.
| Baseline Numbers | Studying | Stress | Blood Pressure | Weight | Body Fat |
| February 2, 2009 | Torts | 3(low, H) | 126/84 | 210 | 20.0% |
Directions as Rules
I have one full day of exclusively studying under my belt, and not surprisingly, also my first headache. After reading and listening to a guy lecture on the same subject for about six hours straight, I am struck by how much lawyers love and cling to rules. I can vividly remember being in high school and putting together a large metal trailer for my dad’s riding mower as a birthday present for him. I remember laying the directions aside and spending the better part of an afternoon just looking at the picture and slowly assembling the trailer through trial and error. While perhaps not the most efficient way to set about the task, I nevertheless completed it.
After law school, this type of behavior is unthinkable to me. Now, I always carefully and rigidly follow enclosed directions. Rather than a guide, I view the directions as a set of rules that must be followed in order to complete the task correctly. It is not uncommon for me to spend 10-15 minutes laying things out and carefully grouping like components for easier identification.
I guess the point is that I have become so accustomed to learning and applying rules in law school, that I fear I may lack the creative problem solving that I once possessed at a younger age. I am not saying that one method is better or worse than the other, just that the study of law has probably forever impacted how I will interpret and attempt to solve problems.
After law school, this type of behavior is unthinkable to me. Now, I always carefully and rigidly follow enclosed directions. Rather than a guide, I view the directions as a set of rules that must be followed in order to complete the task correctly. It is not uncommon for me to spend 10-15 minutes laying things out and carefully grouping like components for easier identification.
I guess the point is that I have become so accustomed to learning and applying rules in law school, that I fear I may lack the creative problem solving that I once possessed at a younger age. I am not saying that one method is better or worse than the other, just that the study of law has probably forever impacted how I will interpret and attempt to solve problems.
Friday, January 30, 2009
Expensive Artwork
Today was my last day of work for about a month. While it will be nice to have loads of time to study, I will miss my job and seeing my friends from work. My study regime kicks into high gear this weekend starting with a quick recap and drill of torts. I feel I have a pretty good handle on this subject, and I did pretty well in this area in law school.
I also picked up a really expensive piece of art yesterday. I don't know how respected of an artist you need to be to garner tens of thousands of dollars for your work, but here is the piece I bought.
I also picked up a really expensive piece of art yesterday. I don't know how respected of an artist you need to be to garner tens of thousands of dollars for your work, but here is the piece I bought.
Thursday, January 29, 2009
Lay it on!
Things are off and running here at bearded. I am about 44 hours into my experience sans shaving, and I am currently sporting what I would classify as Brillo® pad stubble. In yesterday’s photo, you could already start to make out my five o’clock shadow. The funny thing is, in past experiences when I did go without shaving for three to four days, the hair seemed to just get darker without really growing any longer. However, by this time next week I will already be in completely uncharted territory, so it should be fun to see how things develop.
I didn’t post any health data yesterday, and I probably will only do that very sporadically over the next several weeks. Fear not, I am keeping a daily log of this info and I have already secured help from a trusted friend to help out with some great graphs at the end of this project. One stat that was a little alarming yesterday was that my body fat apparently increased from 21.6% to 23.8%! I don’t know if I believe that is possible, and it is probably more likely that the machine I am using is of dubious quality. Regardless, there is something really alarming about having to say you are closer to one-quarter pure fat than only one-fifth.
I didn’t post any health data yesterday, and I probably will only do that very sporadically over the next several weeks. Fear not, I am keeping a daily log of this info and I have already secured help from a trusted friend to help out with some great graphs at the end of this project. One stat that was a little alarming yesterday was that my body fat apparently increased from 21.6% to 23.8%! I don’t know if I believe that is possible, and it is probably more likely that the machine I am using is of dubious quality. Regardless, there is something really alarming about having to say you are closer to one-quarter pure fat than only one-fifth.
Tuesday, January 27, 2009
One Step
Tonight the journey officially begins. Listed below you will find the baseline health numbers. I thought it would be interesting to express on a scale of one to ten the amount of stress I feel like I am under and then check that against what my blood pressure is telling me. From time to time, I will also place an H in the stress column to indicate whether or not I have had a headache that day. Having said this, here are today’s numbers:
While I will not be posting this information on a daily basis, I will be tracking and recording it every day. After the bar is over, I plan to make a post that displays all of the data over the four week period. Tonight also marks what will be my final shave for the foreseeable future. You can watch the daily progress of my bar beard here.
| Baseline Numbers | Studying | Stress | Blood Pressure | Weight | Body Fat |
| January 27, 2009 | N/A | 2(low) | 124/84 | 210 | 21.6% |
While I will not be posting this information on a daily basis, I will be tracking and recording it every day. After the bar is over, I plan to make a post that displays all of the data over the four week period. Tonight also marks what will be my final shave for the foreseeable future. You can watch the daily progress of my bar beard here.
Unexpected Transaction Costs
I felt compelled to link this story, which seriously makes me want to reconsider the entire profession all together. For all that is holy, why in the face?
Monday, January 26, 2009
Additional Challenges / Raison d'être
With tomorrow being the day shaving officially comes to an end, I wanted to take a few moments to go over some other goals/ideas for the blog over the next month. While the increased facial hair will be an interesting development for local acquaintances, I have also begun to wonder what toll the stress will take on my body over the next four weeks. Thus, I have developed some other variables to consider to get a more complete picture of how the bar exam can physiologically impact an otherwise healthy adult male.
Starting tomorrow, and updated at regular intervals, I will also keep a log of my weight, body fat percentage and blood pressure. The goal of course is to see if the increased stress from the bar causes me to lose/gain weight, lose/gain fat percentage or raise my blood pressure. As someone who gives blood like clockwork, I can confidently report that my blood pressure is usually very regular around the 120/80 range and that my body fat falls somewhere between fitness and acceptable.
The final goal for me will be to try and translate how I deal with the moments where the stress is the highest. At the end of this experiment, I hope to learn more about how I deal with pressure and stress. I also hope to have provided at least a very primitive model for how others might approach their date with the bar and manage the stress this event presents.
Tune in tomorrow for the first picture of the experiment and the baseline health numbers. It is going to be an interesting four weeks.
Starting tomorrow, and updated at regular intervals, I will also keep a log of my weight, body fat percentage and blood pressure. The goal of course is to see if the increased stress from the bar causes me to lose/gain weight, lose/gain fat percentage or raise my blood pressure. As someone who gives blood like clockwork, I can confidently report that my blood pressure is usually very regular around the 120/80 range and that my body fat falls somewhere between fitness and acceptable.
The final goal for me will be to try and translate how I deal with the moments where the stress is the highest. At the end of this experiment, I hope to learn more about how I deal with pressure and stress. I also hope to have provided at least a very primitive model for how others might approach their date with the bar and manage the stress this event presents.
Tune in tomorrow for the first picture of the experiment and the baseline health numbers. It is going to be an interesting four weeks.
Friday, January 23, 2009
Growing My Bar Beard
The bar exam is generally looked at as one of the more grueling testing processes anywhere. Twice every year people all over the country gather in their respective states and take this three day exam. This year, I will join them as I sit to take the February 2009 exam in Columbus, Ohio.
My name is Mike Rodgers and I am a recent graduate of Capital University Law School in Columbus. I went to school as a part-time student in the evenings, while working a full-time job in state government. Law school for me was extremely challenging, and I often resented it because of the tremendous strain it put on my personal relationships. With the light rapidly nearing at tunnel’s end, I wanted to do something to help prepare me for the bar, and also to help me remember the end of this bitter struggle. Thus, the idea of the bar beard was born.
In order to best prepare myself for the exam, I have taken a leave of absence from my job from February 2nd to March 2nd. My job requires a suit and a clean and polished look, so I have basically been shaving on a daily basis for well over five years. As such, I have never tried nor allowed any facial hair of significance to accumulate on my chin or upper lip. With almost a month off of work, when will there be a better time to let nature takes its course and try to grow a really ragged beard?
Here are the rules:
I will not shave at all starting on January 28th and lasting until the end of the exam February 26th. On the night of January 27th, exactly four weeks before the start of the exam, I will shave one last time to make sure I am completely starting from smooth.
I will not be allowed to shave, trim or otherwise cut any of my facial hair until the end of the third day of the exam on Thursday, February 26th.
I will capture a headshot daily and post it here to show the progress of my beard.
That’s the first part of the challenge, check back soon for the second.
My name is Mike Rodgers and I am a recent graduate of Capital University Law School in Columbus. I went to school as a part-time student in the evenings, while working a full-time job in state government. Law school for me was extremely challenging, and I often resented it because of the tremendous strain it put on my personal relationships. With the light rapidly nearing at tunnel’s end, I wanted to do something to help prepare me for the bar, and also to help me remember the end of this bitter struggle. Thus, the idea of the bar beard was born.
In order to best prepare myself for the exam, I have taken a leave of absence from my job from February 2nd to March 2nd. My job requires a suit and a clean and polished look, so I have basically been shaving on a daily basis for well over five years. As such, I have never tried nor allowed any facial hair of significance to accumulate on my chin or upper lip. With almost a month off of work, when will there be a better time to let nature takes its course and try to grow a really ragged beard?
Here are the rules:
I will not shave at all starting on January 28th and lasting until the end of the exam February 26th. On the night of January 27th, exactly four weeks before the start of the exam, I will shave one last time to make sure I am completely starting from smooth.
I will not be allowed to shave, trim or otherwise cut any of my facial hair until the end of the third day of the exam on Thursday, February 26th.
I will capture a headshot daily and post it here to show the progress of my beard.
That’s the first part of the challenge, check back soon for the second.
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