Rick's Blog Posts

Meeting a Man With No Feet: Perhaps I Shouldn't Complain So Much About Studying For The Bar Exam


There’s an old saying that goes like this: “I once complained that I had no shoes, but then I met a man who had no feet.”

My classmates are doing a lot of complaining about how much studying they’re doing for the bar exam.  And yes, I myself occasionally indulge in the art of complaining on this blog.  But maybe I have no right; I spent the night hanging out with my friend Samir, a recent med school graduate who’s about to begin his residency…working 80-hour weeks.  Plus, he’s going into plastic surgery, which means he won’t get a paycheck until he’s like 34 or something. 

More med school fun here: HawkeMedSchoolBlog, and here:AnotherGoodMedSchoolBlog. 

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Don't residents get paid a

Don't residents get paid a decent amount of money? Not like six figures, but more than the average mechanic.

I didn't know that. Could

I didn't know that. Could be.

In other news, the CAPTCHA I need to answer to reply to this post is:

"1 + 0 ="

(If this reply comes through, you can assume I got it right.)

I'm telling ya, Rick. If I

I'm telling ya, Rick. If I have to look at those feet for just one more day ....
Post something, boy! :D



Secured Transactions, Commercial Paper, And Other Words That Currently Have No Meaning To Me

 secured transactions commercial paper

I’m moving into week three of my bar exam studies, and today I learned about secured transactions…which was good because as of yesterday, I HAD NO CLUE WHAT A SECURED TRANSACTION WAS.  Swear to God.  I thought it was some sort of bank transfer that was carefully monitored. 

I’m excited to learn what a “commercial paper” is next week.  Do any non-lawyers have any guesses?  Is it a memorandum regarding a television advertisement?  Is it a sheet of paper for sale?  Who knows?!  (Well, all my classmates, for starters.  And most of the people who are reading this blog, I suspect. And these guys: MichiganLawyerBlog, CooleyLawBlog, NYLawBlog.)

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I'm not sure, but I think a

I'm not sure, but I think a commercial paper is a money-market security issued by large banks and corporations. It is generally not used to finance long-term investments but rather to purchase inventory or to manage working capital. It is commonly bought by money funds (the issuing amounts are often too high for individual investors), and is generally regarded as a very safe investment. As a relatively low-risk investment, commercial paper returns are not large. There are four basic kinds of commercial paper: promissory notes, drafts, checks, and certificates of deposit.

Because commercial paper maturities do not exceed 270 days and proceeds typically are used only for current transactions, the notes are exempt from registration as securities with the United States Securities and Exchange Commission.

Commercial paper is defined in Canada as having a maturity of not more than one year and is exempt from dealer registration and prospectus requirements.[1]

Commercial paper essentially can be compared as an alternative to lines of credit with a bank. Once a business becomes large enough, and maintains a high enough credit rating, then using commercial paper is always cheaper than using a bank line of credit. Nevertheless, many companies still maintain bank lines of credit to act as a "backup" to the commercial paper. In this situation, banks often charge fees for the amount of the line of the credit that does not have a balance. While these fees may seem like pure profit for banks, if the company ever actually needs to use the line of credit it would likely be in serious trouble and have difficulty repaying its liabilities.

Currently, more than 1,700 companies in the United States issue commercial paper. Financial companies comprise the largest group of commercial paper issuers, accounting for nearly 75 percent of the commercial paper outstanding at mid-year 1990. Financial-company paper is issued by firms in commercial, savings and mortgage banking; sales, personal and mortgage financing; factoring; finance leasing and other business lending; insurance underwriting; and other investment activities. The remaining commercial paper outstanding at mid-year 1990 -- over 25 percent -- was issued by nonfinancial firms such as manufacturers, public utilities, industrial concerns and service industries.

Commercial paper was invented by Percy "Max" Hall, Vice President of Manufacturers Hanover Trust Bank, in the 1920's.

 Counselor Ryan, did you

 Counselor Ryan, did you finally get google???

Holy crap they stole my

Holy crap they stole my definition and put it on Wikipedia!

Where can I find additional

Where can I find additional history on Percy "Max" Hall and his Commercial Paper invention?

Google search so far has produced nil.

"Max" had a great idea when he came up with this nifty debt instrument. Great creativity for a Banker!

Way to go Max!

Thanks,

Dan

Hey - as much as i enjoy

Hey - as much as i enjoy someone linking to my blog... i'll note that my reference was even MORE obtuse than you suggest.

I took Secured.

I was talking about TRIBAL secured transactions.

The difference here is that Tribal land is owned in trust by the federal government - because of this it CANT be be used in a secured transaction (because it is "owned" by the federal gov. and NOT the tribe and therefore can't be used as collateral - and therefore there are no 'normal' secured transactions availiable on tribal land) ... that isn't to say that they don't exist. BUT... that is a comment for some obscure footnote in some obscure law review on some obscure indian law note.

So obviously they didn't test on that :)

If you took it in july and are still waiting -- no worries. Everyone i took it with who ran blogs - they all passed on the first time. I think there is a connection .. and therefore you will pass. Just relax these last few weeks...

Shmoo



My First Political Blog Entry: A Terrorist Attack Would OBVIOUSLY Help John McCain

 

Figured I’d try a political blog entry out.  I did study Political Science in college after all—like half of my law school classmates.

Yesterday a McCain adviser told Fortune magazine that a terrorist attack would help McCain’s chances on winning the election…and EVERYBODY is freaking out about it.  Specifically he said, "a fresh terrorist attack 'certainly would be a big advantage to him.”

John McCain, in response said, “It’s just not true…If he said that, and I do not know the context, I strenuously disagree."

Okay, let’s start here, the advisor was obviously right.  Terrorism is a Republican issue, for better or worse—and what I mean by that is people who prioritize homeland security above all else vote Republican more often than they vote Democrat.  Common knowledge, right?  And if a terrorist attack were to happen in the US, it would bring the terrorism issue to the political foreground.  Commonsense, right?  ERGO, a terrorist attack would help McCain’s chances of getting elected.

John McCain obviously knows all this.  So why does he have to play dumb and pretend that he doesn’t?  (This is rhetorical; the answer is obvious: if he did, the media/Obama camp would have a “John McCain wants a terrorist attack” field day.)  I always thought he was one of the most honest politicians around, and this false naivety doesn’t suit him well. 

Of course, his advisor boarded the false naivety express earlier today: “I deeply regret the comments—they were inappropriate. I recognize that John McCain has devoted his entire adult life to protecting his country.”

And I’m sure if some reporter were to remind McCain that Presidential Elections are zero-sum games and that his quote implicitly suggested that an attack would help Obama, he’d keep the false naivety shtick going and say something like, “Terrorist attacks don’t help anybody—not me, not my opponent, and certainly not the people of America.” 

And don’t you think the John McCain of 2000 would have said, “Yes, an attack would help my campaign, but not, I don’t want one, and anybody who suggests otherwise, well, I’d like them to tell me that to my face”?

For more on this story, check out http://tpmelectioncentral.talkingpointsmemo.com, http://rawstory.com/http://www.thedestinlog.com/, or http://www.newsgroper.com,

So...more....less political blog entries???

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Good Point. I agree that the

Good Point. I agree that the McCain of 2000 would have said something completly different than the McCain of 2008.

LawyerToe

More, as long as you are

More, as long as you are willing to live with the consequences of openly declaring your political beliefs. I post about politics on my blog from time to time, but since I'm only a moderate-liberal (c.f. 85% of all college and law students ever) it isn't such a huge "stand".

That being said, now that you're out of law school, gotta find something else to talk about right?

Hmmm...not sure about those

Hmmm...not sure about those consequences. But whenever I talk politics, I always censor myself a bit. Yeah, I shouldn't be blogging about politics...

Yes, a terrorist attack

Yes, a terrorist attack would clearly benefit McCain, and it was silly for him to react the way he did. He has military experience, unlike Obama, and is a bona fide American hero.

While I think McCain's likely harder stance on terrorism is something people should consider, I don't think that this is the reason that "terrorism is a Republican issue". Rather, it seems that conservatives are both:

A)likely to vote Republican because of their small government, take-back-the-south, NRA loving ways

and

B)unnecessarily afraid of terrorist attacks, just as they are afraid of anybody foreign, anybody that looks foreign, spicy food and contraceptives.

Hopefully, no terrorist attack will happen in the next year and the global increase in respect that America will receive by electing somebody that doesn't look like Mr. Rogers will help keep them to a minimum.
Unfortunately, terrorist organizations thrive on opposition and have been known to plan attacks in coordination with elections to scare people into voting for a polarizing figure.
We'll see what happens...

Yep, you should definitely

Yep, you should definitely do more political posts. First of all, politics is just life and it's always fun and interesting to hear other people's views. Secondly, you do need something else to talk about with law school done and over with.

Just be prepared for the occasional non-friendly who might drop by courtesy of Google. But do not be afraid ... blog on!

okay, counselor ryan, point

okay, counselor ryan, point taken, but terrorist IS a republican issue in that most people who hold terrorism as their #1 issue tend to vote Republican. thats all that means.

I like the blog, it was

I like the blog, it was interesting and I hadn't heard about it. I think it's non-controversial so it won't ruffle anyone's feathers. By the way, the "win your book contest" drum rolls are starting to give me a headache... who won?

Ah, yes, the winners. It

Ah, yes, the winners. It was a close competition. Really, a lot of the responses were great. It was not an easy choice. I picked Adam and MMC and, kinda, Dan. Dan was my #1 pick, but he had won the quick reply contest. And then there was a 2nd place tie between MMC and Adam. Then there were a few honorable mentions. Yeah, like I said, from reading the replies, it became clear that many RL.com readers are funnier than me.



Defamation Lawsuit

 

A few months ago some people started a blog dedicated to nasty things about me.  At first, I was a bit flattered and a bit annoyed.  Then they started defaming me, so I got upset.  They started saying malicious, specific things about me that just weren’t true.  (Without getting into the really nasty stuff--really, I don't want it repeated--an example of an untrue thing they said was this: one semester they said I was at the bottom of my class, when, in reality, I had made the Dean's List.)


Then the blog went away one day.  Never quite sure why…but then I read something on a great law school discussion forum, Top-Law-Schools.com, that gave me a hint.  The post (which may or may not have been true) said that Anthony Ciolli, the guy who runs xoxohth.com (a law school discussion site that practically begs people to defame each other) has had a job offer with his law firm rescinded after a defamation suit.

 

Maybe the people who started the blog dedicated to making fun of me got the message that defamation is a serious matter. 

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Hey Lax, I've spoken with

Hey Lax,

I've spoken with Ciolli before, he's not a bad guy, it's the bottom feeders that use his sites that are the problem. Ciolli was involved in a lawsuit with some Yale students over Auto Admit.com, which was his other site. If you read Above The Law, they've got pretty extensive coverage on it; and the motions from the case are actually pretty good summaries of CDA section 230 liability immunity.

On the other hand, I know the feeling, since I took a more public role with dealing with Wiki stuff, I've had a few big forums trying to trash me. Turns out though, one of them got hacked today and lost their whole database! Karma's a bitch!

I'm not sure if Ciolli was involved with the defamation stuff against you, but he's got enough website based things going on that I don't know whether that rumor you heard was true about a firm offer. He's a pretty popular target himself amongst bored law students.

Hi again, Counselor Dan. I

Hi again, Counselor Dan.

I didn't mean to suggest that Ciolli was involved in anything having to do with me. I doubt it; sounds like he has more important things on his plate. Whether the charges against him were valid or not, it seems like they might have scared some people in the law school blogging/discussion forum community--that's the point I was trying to make. But I'm glad you left this comment so this matter could be clarified.

Yeah, well, it's important

Yeah, well, it's important that law student bloggers not be intimidated by defamation. We're lawyers, or soon-to-be lawyers. We're going to be hated by many anyway. I sat through my dentist talking about how personal injury lawyers are the worst kind of scum today (my dad is a personal injury lawyer). While pondering how I I could stab her with her own dental picks, I reminded myself that as lawyers we can't flip out when people say stupid shit, but we also don't have to lie there and take it when its abusive.



Book Club Queen Review

 

 

The Book Club Queen just put out a review of Lawyer Boy. It’s a good review, and I thank the Queen for it…only I can’t get over the start of the first line: “As a semi-professional magician and general disgrace, Rick decides…”

General disgrace? Sure, I spent a year after college bumming around my parents’ house, eating their food, using their computers, and watching the Price Is Right…but does that make me a “general disgrace?” I’d argue it made me a time-and-place-specific disgrace, if anything.

Anyway, here’s The Book Club Queen’s review:

- - - - - - - -

A semi-professional magician and a general disgrace, Rick decides it’s time to get his life together and join his father’s ranks in making “The Only Acceptable Career Choice.” Born to a long line of lawyers, Rick knew that it was only a matter of time until he too entered the fold. Besides, it’s hard to get girls with lines like “Want to come back to my parents’ place?”

After suffering a few sudden, crushing disappointments, he is accepted to DePaul Law School in Chicago. With a dry, intelligent wit, Rick Lax dissects the application process and his first year of law school for our amusement. Notoriously difficult, Rick’s trials and travails prove that even the most unprepared and unlikely 1L’s can survive the test of the first year, and furthermore can maintain and even nourish a lively sense of humor.

Peppered with explanations of real cases and legal jargon, reading LAWYER BOY (St. Martin’s Press / Hardcover / July 2008 / 0-312-37335-X / $24.95) is like borrowing notes from the class clown—It won’t get you an A, but it’s probably the best reading you’ll find in law school.

- - - - - - - - -

Quick question: is it bad form to review my reviews?

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Rick Lax has *NEVER* been a

Rick Lax has *NEVER* been a disgrace. The only thing I can say about this review, which is kind to the book, is that he's used some convincing self-depricating humor and apparently it has worked in the eyes of the reviewer. I guarantee his parents have ALWAYS been proud of him, including during his year of deciding what to do with his life.

Describing you as a disgrace

Describing you as a disgrace makes your broader narrative more exciting--portraying your legal journey from zero to hero (even though you were never a disgrace--at least according to your Mom--nor have you yet obtained hero status, let alone passed the bar!). If only for dramatic effect, you might as well accept being labeled as a disgrace.



Lesson Of The Day

 

 

Last night I was doing some midnight bar exam studying at the Peninsula Hotel. (It’s not as impressive as it sounds; I’ve been waking up around 10:30 and going to bed around 3:00.)

Walking out of the hotel, I saw two guys in their early 30s taking photos of each other with digital cameras.

“Would you like me to take a picture of you two together?” I offered.

“No,” one of the guys said, and he said it as if he were offended. And then, as I walked away, he added, “It’s not like we’re f#*kin’ gay.”

So the lesson of the day is this: apparently asking people if they want to be in a photo together is very presumptuous.

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Free Copy of Lawyer Boy Contest

 

 

 

 

A few days ago I hosted a “win a free copy of Lawyer Boy” contest in which readers were encouraged to test out their lawyering skills/powers of persuasion and email me and make a compelling case as to why they should get a free copy of the book. I haven’t yet picked a winner, but it’s become clear to me that many RickLax.com readers are way funnier than me, which is humbling, flattering, and annoying.

Here’s one of the entries I received:

“Let me tell you why I should get a copy. Frankly, because I don't have anything to read. I went into the hospital right before reading period this past semester, because I was s#%!!ing around 8 times an hour. No joke. I ended up with some internal bleeding and a bad colon problem that, though it got fixed up, ends up with me taking a s#!* at least 4 times a day. Apparently the doctors say that's normal. With all that s#%*ing, I go through pleasure reading, well lets just say I go through it faster than the food goes through me. I need something to read.”

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Never before have I read

Never before have I read something on the internet and felt compelled to post a comment. you fuckin suck. seriously.

 Please watch the meanness

 Please watch the meanness and the language on this blog.  My parents read this. 

I feel sorry for them.

I feel sorry for them.

I ususally post under

I ususally post under "Anonymous." Obviously that wasn't me. How rude!



Total Liar

 

I met this girl in the bookstore yesterday and I’m pretty sure she thinks I’m a total liar. But not without reason; here’s how our conversation went:

LB: “I’m Ricky.”

V: “I’m Victoria”

LB: “Really? I just wrote this book and I named the female lead character Victoria!”

V: “Right…”

LB: “So, Victoria, where’d you do school?”

V: “Michigan.”

LB: “I went to the University of Michigan too!”

V: “Oh, not University of Michigan. I mean I went to school in Michigan, the state. I went to Michigan State University, though.”

LB: “I went to Michigan State too. I transferred…”

V: “Right…”

It was all 100% true, of course, but how could I expect her to believe it.

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When she gave you her

When she gave you her number, did you say "That's funny, the last girl I met in the bookstore also had a number that started with 555!"

 Easily your best reply

 Easily your best reply ever, Counselor Ryan.  

Ha ha hee hoo. Oh Rick Lax.

Ha ha hee hoo. Oh Rick Lax. You are just so easy going and RickLaxed. Oh pretty please can I get a copy of your book. Oh pretty. Please.



Battery on Michigan Avenue

 

I was walking north on Michigan Avenue yesterday and I saw a boy, about ten, smack another boy, also about ten, on his butt. He hit the kid hard.

I assumed these two kids were friends—that they were just roughhousing. But then the mother of the boy who was hit cried out, “That kid just hit my son!” and the other boy just walked away with his two older friends.

It was probably a d