Archive for January, 2006

Interesting case

Tuesday, January 31st, 2006

In the Civil Procedure casebook I came across this 2003 case: Jin v. Ministry of State Security, 254 F. Supp. 2d 61. I am glad it came out the way it did.

Michigan Drama II

Tuesday, January 31st, 2006

A Michigan 1L, not in my section, died this morning. The rumor is that he committed suicide. The law school is getting psychological counsellors to come talk to students.

Very, very sad news.

Michigan Drama I

Tuesday, January 31st, 2006

One of the two dramas that unfolded in the past few days is an exchange of emails between a Michigan 1L and his Constitutional Law professor. Coincidentally, this student was the center of a hot debate in online law student forums last year due to some disputes on his self-selected minority status on his application.

Email from professor:

[Dear students,]
I am terribly sorry to say that, despite my best efforts, I find myself behind in my grading. I have almost completed grading the exams for Constitutional Law and hope to finish no later than the morning of Friday, 1/27.

I will post the grades with exam ID numbers on the ctools website as soon as I’ve finished grading — by Friday, at the latest. I know that prospective employers will want your first term grades asap, and I will make every effort to speed the grading along.
[Professor]

Student wrote back, cc;ing everyone in his section and the associate dean.

Professor,

The morning of Friday has now come and gone. A few questions and requests:

1. When did you begin grading our exams?

2. Was it not foreseeable that by giving a 20 page exam with a 6,000 word limit that you were thereby committing yourself to an extensive grading project that would require you to begin grading the exams before whatever your answer to #1 above is?

3. In our review session before the final you sermonized about the professional responsibilities of an attorney. Because we would hold such weighty responsibilities in our professional careers you said that you would impose similar responsibilities regarding the exam. In particular, you made it clear that you would brook no excuse regarding an exam turned in after the 8 hour time limit. You made it clear that we were responsible for planning ahead and ensuring that the 8 hour time limit would be honored. Do you feel no reciprocal responsibility toward us, your students? A responsibility that extends beyond ex post facto apologies?

4. Please stop saying “I’m so sorry”. A) The phrase has lost all meaning from constant repetition throughout the entire semester. B) Few students believe you. C) Fewer students care whether you subjectively impose upon yourself an appropriate level of guilt.

Sincerely,

Student

And in a public email directed at the entire section, the professor responded;

[…]
One final note on professional civility: Although I am sure that this admonition is entirely unnecessary for most of you, I remind you that the rules of professional conduct of every state bar as well as the model rules of the ABA require that “[a] lawyer shall treat with courtesy and respect all persons involved in the legal process.” (Michigan Rules of Professional Conduct, Rule 6.5).

This general admonition is generally taken to require that attorneys “treat all other counsel, parties and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral communications” and to “abstain from disparaging personal remarks or acrimony toward other counsel, parties, or witnesses.” (Local Rules of the U.S. district court for the Eastern District of Michigan).

I insist that law students follow these standards of courtesy, civility, and respect in and out of my class. In grading exams and, indeed, in teaching the course, I operated under the standing assumption that every student does their best to understand the material, attend class diligently, do the reading, and otherwise generally act in good faith. Therefore, throughout the term, I have endeavored to respond to student questions and requests with professional courtesy and civility, without invective, sarcasm, or imputations of bad faith. While perfection in class attendance, class preparation, exam-taking, etc., is not to be expected, civility and courtesy are always required.

I expect the same standard of professional conduct from you in discussing the examination procedure, grades, or any other topic. I am happy to listen to any disagreements that you might have with my grading procedures: I will not tolerate such disagreements registered with “disparaging personal remarks or acrimony” (to quote the local rules of this federal district).

On similarities between Chinese and Jews

Monday, January 30th, 2006

I was studying in a coffee shop on campus with a Jewish friend of mine when he looked up, frowned at a group of Jewish students behind him, and remarked,

“If I yell at them, will you back me up?”

The Jewish kids, apparently undergraduates, were in a heated discussion over how to prepare for some concert promoting the Jewish culture. They were loud, even for the buzzing coffee shop. I can understand why my friend was starting to feel annoyed. But I wasn’t feeling bothered by them — I have a way of concentrating in even the noisiest environments, plus most Americans are loud in public (compared to Europeans anyway).

“No way. It’s going to be a fight among your own people. I would stay out of it.” I said in a chuckle, not wanting to disclose my true feeling towards the loud Americans.

Visibly disappointed, my friend shifted gear. “Why wouldn’t you as a Chinese interfere? Didn’t we have a discussion about this?” A few days ago when we were really bored we had a discussion on U.S.’s role in the world’s affairs, as all bored law students would do, and I asserted that the U.S. had better stay out of other countries’ business or else it will leave a mess everywhere, but he vehemently disagreed, and argued that a third party has the duty to interfere.

“See, we Chinese might not be known for other things, ” I replied, “but we are known for being a relatively reserved and quiet people.”

“What?” he laughed, “I don’t think so. You people can be loud at times too.”

“But that’s only when we argue amongst ourselves. We are always pretty quiet when it comes to dealing with outsiders.”

“Ha, that’s exactly what those kids behind us are doing. We Jewish people are loud when we argue amongst ourselves too.”

I concurred. So Jews aren’t that much different from Chinese anyway.

Blog Back Online

Sunday, January 29th, 2006

Folks, my blog is finally back online. I took it off for personal reasons, mixed in with a bit of laziness, but didn’t realize I had quite a few more readers than I imagined. So here it is again.

Meanwhile, here’s what happened with me in the week that I went missing.

  • Sat in a lecture by the former General Counsel of the CECC. As a long term goal I would LOVE to be in a similar position in the Chinese government’s equivalent, if there ever will be one.
  • Agonized over my grades. Overall, I did not do as well as I had hoped and probably just barely made it into the top quarter. I am not bitter — people around me are just that much smarter and deserve higher grades. I gave my best last semester.
  • Read up a lot on South Africa. I am taking a class called “Constitutionalism in South Africa” this semester, taught by two South Africans. One is a supreme court justice there, the other a human rights commissioner. The course material itself is not difficult to understand, but it marvels me how a country so sharply divided and deeply in trouble just less than 20 years ago could peacefully evolve into a cooperative democracy with the supremacy of the constitution replacing supremacy of the parliament (i.e., the ruling party.) Maybe all hope is not lost in China after all.

Slo, o, o, ow

Thursday, January 19th, 2006

A friend commented that the first week and half of this semester has been really slow. I totally agree. The reading assignments have been very reasonable, almost to the point of too lenient. I’ve found myself having nothing to read (in the casebooks anyway) almost every evening. Now I am in a serious need for a hobby.

I was really upset for much of today over the news of Minolta getting out of the camera business. My very first camera, and just about every camera thereafter, was a Minolta. I have come to enjoy the ergonomics and the user interface of Minolta designs, especially in an era when just about every other shooter uses a Canon or Nikon. For a short period of time I’ve had a Canon Elan II but ebay’ed it after a couple years because I just wasn’t using it that much, plus the fact that I was still emotionally attached to Minolta.

It’s a funny feeling to say that I am emotionally attached to a namebrand or a camera and emotionally reject others. I know. If someone told me that she had a feeling for Gucci and refuses to buy Chanel (the reverse might be a bit more reasonable), or if she just couldn’t let go of her 10-year-old dirty greasy Jansport backpack full of patches, I would immediately distance myself from her and classify her as one of the more emotionally unstable friends that should be at either the far outer rim of my circle of friends, or the very dead center (which is perhaps already over populated).

So I’ve decided that I needed a new hobby, now that my best reason to keep photography as a hobby is gone. I am not into painting, singing, dancing, knitting or anything that requires excessive body movement, so it’s a real challenge…

I guess I will stick with photography for a while, at least until my Minolta cameras fall into disrepair.

RIP Minolta

Wednesday, January 18th, 2006

So it is official. Minolta is dead. In fact, Minolta was as good as dead the moment it was purchased by Konica. May the spirits of Minolta live on.

I don’t understand how a company that makes such excellent products can go under. I am keeping all my Minolta gear, for now at least. Hopefully Sony comes up with a line of Zeiss lenses in Minolta mount.