Networking... [John]

So tonight was my first networking event of my law school career and I honestly believe it was a success. I initially didn't know how much I would get out of it and decided to go just because it was a way to get my head out of the books for the night. However, it was a lot more than a social event but a learning experience as well. The networking event was at a law firm that has offices in most major US cities and cities abroad. We got to speak to many of their attorneys along with a few influential CUA alums in the area.

Though no leads for summer employment presented themselves, I definitely learned a lot more about myself and possible career paths. This law firm's DC branch dealt a lot with Intellectual Property law, so it was really worth it for me. I spoke to Patent attorneys and Patent litigators. However, it was fascinating to learn that not all of them had an engineering background. As some people know, I went into college knowing that IP law was the career choice I wanted to pursue; as a result, I looked at multiple engineering schools so I could sit for the patent bar and become a patent lawyer. After multiple visits to these schools, I have realized that it wasn't something for me and that my passion for politics would be the best path to pursue--and that's how I ended up in DC. Anyway, today my life changed...First, I met a patent lawyer that didnt have an engineering degree nor has taken the patent bar. He also informed me that a few of his friends also weren't engineers but qualified for the patent bar by taking the Fundamentals in Engineering Exam.

Second, I also met and learned from patent litigators that they too didn't have engineering degrees nor did they need them to become litigators for patent, trademark or copyright cases. So basically, 2 hours mingling with esteemed attorneys in their field has opened a whole new world of IP law for me.

hahaha and to think, I only went for the free food and booze ;)

Statutory Interpretation

Unlike torts, contracts, and property, criminal law is almost entirely statute-based. There are still many cases to be read. But unlike in the other courses, the cases are not read in order to discern what the law is. Instead, the purpose of the case readings is to provide examples and guidelines for how to interpret criminal statutes. Often times statutes can be quite ambiguous. When lawyers and judges are interpreting statutes, they need to consider the legislative history and the legislative purpose in order to understand what the statute means. For example, in criminal law, in order to be found guilty of a crime, there is almost always the requirement of a mental element (known as mens rea). It is not enough that a person does a criminal act, that person must also have a culpable state of mind at the time of the action (purposefully, knowingly, recklessly, or negligently to name a few). Sometimes statutes are silent as to what the mental requirement is. The usual common law practice is for court to assume that a mens rea requirement is implied in the text of a statute, and can only be nullified by the legislature specifically stating that there is no such requirement. However, interpretation can sometimes lead in another direction. Policy considerations sometimes can counteract common law assumptions. For example, if a law is passed that has clear public policy objectives (for example regulating the sale of prescription drugs), a court might discern that those objectives outweigh the potential harm done to an individual who is found strictly liable for breaking that law (finding a defendant guilty for simply committing the act without any consideration of fault or the reasonableness of their conduct). In these cases, courts will interpret the statute as not having a mens rea requirement unless the legislature specifically requires one. 

I understand that this can be confusing. That is precisely the point. Statutory interpretation is NOT easy and can be downright painful. But my extensive work with it in criminal law is providing me with another skill that every lawyer needs to have. I continue to be impressed at how well-rounded and complete the first year of law school is in teaching students all the required basics of being an effective lawyer.  

TGIF

The weekend is finally here (although the work never stops). This week has been particularly grueling since we had classes last Sunday. After my first semester, I have learned to appreciate these weekends early in the semester when you can actually relax and take Friday and Saturday night off. That unfortunately will change in about a month. Much less case reading for me this semester. Property is the only class where I am extensively reading cases for every class. Lots of theory-based stuff and essays for Leg/Reg and to a lesser extent Crim Law (which still has some case reading, but not exclusively). My Lawyering and Written/Oral Advocacy classes are overlapping somewhat right now in their content. Whereas last semester I was learning how to think like a lawyer, this semester I am more so learning how to actually be a lawyer. Enjoy the weekend.  

P.S.  23-13 Steelers (although I will be rooting hard for God's team). 

P.P.S. Congratulations, Michael Steele. You have an unenviable task. Let's get to work!  

Just another day at law school

It was just one of those days I didn't want to get out of bed. But thankfully, I did and made it to class on time. Class went as usual; we discussed the removal process in Civ Pro and went into the last shot theory in Contracts.

However, I did have my first club meeting this evening: The Intellectual Property Law Students Association. This organization is devoted to preparing students for the IP arena by bringing speakers, companies, and of course network opportunities to the CUA community. Everyone seemed very nice and very enthusiastic about IP law; so naturally I fit in. It was great to see how many people were interested in IP law especially those that were not pursuing a career in patent law like myself. I was also excited to hear more details about the IP Moot Court especially since I learned the national competition is in Boston each year!!