Laurinda, 3L

This week there has been a patent trial going on. I think its very interesting how the lawyers and the experts are able to break down very complicated technical pieces into understandable morsels for the jury, the judge, and me (most of whom do not have a technical background).

What I really have enjoyed about watching the trial is observing the different lawyering styles of the plaintiff's and defendant's attorneys. It is very much like watching a play at the theatre and I have been wondering, along with the other clerks, if they "put on" a certain type of personality to perform for the jury. And if they do, how much does that affect the jury's decision.

I asked the Judge this and he said that he's seen a lot of jury trials (ofc) and he feels that they do decide on the merits and not the lawyer's character/personality giving the example of a very incompetent lawyer and the jury still deciding his way.

In other amusing news:

One of the other law clerks is from Australia. So a tidbit Australia-Xmas is one (and maybe only) Carol: 6 White Bloomers (re: Kangaroos and Santa's sleigh)

I've found the lyrics (not sure they are entirely accurate) but here it goes:

Early on one Christmas Day, a Joey Kanga-roo
Was far from home and lost in a great big zoo
Mummy, where's my mummy, they've taken her a-way
We'll help you find your mummy son, hop on the sleigh

[Verse:]
Up beside the bag of toys, little Joey hopped
But they hadn't gone far when Santa stopped
Un-harnessed all the reindeer and Joey wondered why
Then he heard a far off booming in the sky

[Chorus:]
Six white boomers, snow white boomers
Racing Santa Claus through the blazing sun
Six white boomers, snow white boomers
.. On his Aus-tra-lian run

Pretty soon old Santa began to feel the heat
Took his fur-lined boots off to cool his feet
Into one popped Joey, feeling quite OK
While those old man kangaroos kept pulling on the sleigh

Joey said to Santa, Santa, what about the toys
Aren't you giving some to these girls and boys
They've all got their presents son, we were here last night
This trip is an extra trip, Joey's special flight

Soon the sleigh was flashing past, right over Marble Bar
Slow down there, cried Santa, it can't be far
Come up on my lap son, and have a look around

There she is, that's mummy, bounding up and down
Well that's the bestest Christmas treat that Joey
ever had
Curled up in mother's pouch all snug and glad
The last they saw was Santa headed northward
from the sun
The only year the boomers worked a double run

Posted by Laurinda at 9:51 AM | Permalink | Comments (0)

Hi all,

So there isn't much in my life besides work right now ... and dreading the need to do holiday shopping ... so I will be discussing the former.

A judicial co-op, I've found, is harder and easier than my other co-ops.

The last two weeks were hectic because I was writing a bench memo for yesterday's motions hearing. Bench memos are important because you are in a way summarizing both party's position and picking a winner.

It's very difficult to pick winners because both sides (at least in the case I was given) had excellent briefs and very good arguments. As the Judge said, "there is only an up or a down. If X wins, then Y loses. If Y wins, then X loses."

This week and the next should be a bit easier because the Judge is handling a patent case trial, so I will be working on another project that is as equally important but not as stressful as picking a winner.

Also, today there is going to be a holiday office party. Office parties are always interesting. I take this as a chance to put names to faces of old clerks mentioned and SOs always fondly spoken of.

On other news, there is supposed to be a Nor'easter on Sunday ... so keep bundled!

Posted by Laurinda at 10:28 AM | Permalink | Comments (0)

Hi all,

It's utterly freezing in my office/conference room where I work. I am a huge advocate of the work shawl.

That is the one thing you should take into account when coming to Boston, especially if you prefer warmer climates. Boston gets frigid and then no one goes out in the evenings ... well sensible people, at least.

Otherwise, work is going well. I love the clerks I am working with. I don't have much interaction with the judge but I have seen Judge Young in action in the court.

Working for Judge Young means that there is a lot of work to do. I am writing an ERISA memo and doing research on recent federal cases that are or at least seem to me, pretty pinnacle. I most likely will have at least one memo due every two weeks!

This week the 1st Cir. Court of Appeals is sitting. One of the arguments was for a recent case in the news regarding a Lexington school teacher who read King and King to her 1st grade class room.

The arguments are very interesting. One attorney certainly fit the saying, "if you have the law pound the law, if you have the facts pound the facts, and if you don't have either pound the table."

Still, you can never tell with these cases.

The second case I saw argued was about peremptory challenges regarding religion and whether Batson covers religion. The trial counsel actually started with a joke! I can't wait to see the results although it may take a very long time.

The commute to the courthouse is very difficult. Sometimes I wish I lived closer but I don't think I can sacrifice the free food, rent, or TV. My morning commute consists of local bus, orange line to red line, then silver line. My evening commute is a bit better because there is a bus that will drop off at the orange line.

The only problem is the squishing and absolute jam packedness.

Hope all is well on the other end!

Posted by Laurinda at 2:11 PM | Permalink | Comments (0)