An electronic recreation of the the written journal that I kept during my first year of law school. (1994-1995).
August 22, 1994 – Move to Madison. First night in my new apartment.
August 23, 1994 – Register for classes. Decorate my apartment.
August 24, 1994 – Receive financial aid check. Purchase Hindu book. Read all about reincarnation.
August 25, 1994 – Tour the state capitol building.
August 26, 1994 – Cable television is hooked up.
August 27, 1994 – Walk around the campus.
August 28, 1994 – Go to Camp Randall Stadium for Badger Family Fun Day.
August 29, 1994 – Go to the law school for new student check in. Go to the Orpheum Theater. See “Natural Born Killers” (1994). Didn’t like it. It depresses me.
August 30, 1994 – In the morning watch the Bozo show. There is a winner on the Grand Prize Game! Go to the law school for orientation.
August 31, 1994 – Go to the law school for more orientation. Sit in my reclining chair at night and watch “Living Proof: The Hank Williams Junior Story” (1983) on TBS.
September 1, 1994 – First day of school. Mom and dad both call me. Law School seems overwhelming but I am confident that I will succeed.
September 2, 1994 – More school. Unwind while listening to the blues on WORT-FM.
September 3, 1994 – Go shopping for school supplies. Get drunk.
September 4, 2019 – NFL season opens. Watch the Green Bay Packers beat the Minnesota Vikings 16-10. Hung over during the game and slip in and out of consciousness for all four quarters.
September 5, 2019 – Clean my apartment. Stay up late to watch Jerry Rice on Monday Night Football catch three touchdown passes to break Jim Brown’s all time record career record for most touchdowns.
September 6, 2019 – Poor night of sleep. Wake up at 5:30 AM. Do my laundry to pass the time so early in the day. Walk to school. Discuss the Buffalo Creek disaster case in Civil Procedure. Learn how the plaintiffs’ attorneys successfully employed various procedural tactics to get their case heard in federal rather than state court in order to get better results for their clients.
September 7, 1994 – Sleep all afternoon. Type up case brief for legal research and writing class. Colorado Carpet Installation, Inc. vs. Palermo.
September 8, 1994 – Ask a question in class today. In the afternoon while sitting in the law school library, I feel somewhat overwhelmed. Feel a little depressed too. Get on a bus and ride out to the West Towne Mall. Buy a telephone/answering machine unit. Go home and set it up. Now when people call me they can leave a message when they get no answer. Feel better about things.
September 9, 1994 – Discuss the case of Vosburg v. Putney in Torts class. Review concepts of intent, contact, liability. “The tortfeasor must take his victim as he finds him”. As I absorbed these legal concepts, and understood them, chills ran down my spine.
September 10, 1994 – Go to Camp Randall Stadium with my dad and my best friend from high school. Watch the Badgers crush Eastern Michigan 56-0. After the game go home to Hartland.
September 11, 1994 – Go to Milwaukee County Stadium with my dad and my best friend from high school. Watch the Green Bay Packers lose to the Miami Dolphins 24-14. After the game go back to Madison.
September 12, 1994 – Woke up at 6:00 AM to finish contracts homework. Discuss laws against homicide and the death penalty in Criminal Law class. Type up work assignment for Legal Research class. Watch Monday Night Football. The Philadelphia Eagles beat the Chicago Bears.
September 13, 1994 – Discuss Federal Rule 12 (b)(6) in Civil Procedure. Motion to dismiss for failure by plaintiff to state a claim upon which relief may be granted under the law. Feel sick. Purchase throat lozenges.
September 14, 2019 – Rainy morning. Discuss concept of intent in Torts class. What is the test for proving intent in court? Type up another legal research assignment.
September 15, 1994 – In Contracts class, discuss remedies for breach of contract terms. Discuss “specific performance” and “replevin”. At night watch President Bill Clinton, in an address to the nation from the Oval Office, warn the military junta in Haiti, that: “Your time is up. Leave now or we will force you from power.”
September 16, 1994 – Stop on the way home from school to watch a blues band perform. Later go out after dark to the Triangle Market on State Street to buy a loaf of bread.
September 17, 1994 – In the afternoon tour the State Capitol Building again. At night watch the Badgers lose to Colorado 55-17 on ESPN. Drink some beers.
September 18, 1994 – Sit in my reclining chair and watch the Packers lose to the Philadelphia Eagles 13-7 while wearing their ugly throwback uniforms.
September 19, 1994 – Sunny day. In Contracts class discuss Lake River Corporation vs. Carborundum Corporation. Issue of calculating damages for breach of contract when there is a penalty clause in the agreement that exceeds actual losses. At night stay up late to watch Monday Night Football. The Detroit Lions upset the Dallas Cowboys in overtime 20-17.
September 20, 1994 – In Torts class discuss the case of Ranson v. Kitner. Defendant shot plaintiff’s dog but thought it was a wolf so tried to use mistake as a defense to avoid liability. Defendant found liable for the mistake anyway even though he didn’t intend to kill plaintiff’s dog. Mom calls me. My best friend from high school also calls me. His wife is going in to labor with their first child. Listen to Jazz music on WORT in the afternoon.
September 21, 1994 – Go through a night of wacky, weird dreams. On the way home from school, stop to talk to a Hare Krishna follower about the meaning of life. My best friend from high school calls me to inform me his wife had the baby and he is healthy.
September 22, 1994 – Buy an umbrella to protect me from the rain. Turn in writing assignment for Contracts class. Watch the movie “Cabin Boy” (1994).
September 23, 1994 – Rough day at school. Watch “The Paper Chase” (1973). Go out to the bars with a friend from high school.
September 24, 1994 – Go to Camp Randall for football game with my dad and my best friend from high school. The Badgers beat Indiana 62-13. Later watch “The Trial” (1962) while still buzzed pretty good from all the pre and post game drinking.
September 25, 1994 – Start work on my outlines for Torts class. Watch the Packers blow out the Tampa Bay Buccaneers 30-13. Packers wear their ugly throwback uniforms again.
September 26, 1994 – In Torts class discuss the concept of consent as a defense to an intentional act. A slight headache in Criminal Law class makes concentrating difficult. Discuss differences between intentional homicide and manslaughter. Take a long afternoon nap. Mom calls. Work on Torts outline. Go to bed early.
September 27, 1994 – In Civil Procedure class, discuss the concept of how to calculate an award of damages in a lawsuit. The fundamental principle of damages is to restore the injured party, as nearly as possible, to the position it would have been in had it not been for the wrong done by the other party. The case at issue is United States v. Hatahley (1958). In that case, the federal goverment sold a bunch of horses of the Navajo Indian tribe to a glue factory. The horses had been grazing on public land. The Indians won a judgment for $100,000.
September 28, 1994 – Go to the student union to hear a buddhist monk give a lecture on eastern philosphy. He instructs that we should all take pity on one another.
September 29, 1994 – Sunny day. Tour the law library with my legal research group. Discuss how to draft a legal memorandum. Work more on Civil Procedure outline. Go to the grocery store to get milk and bananas.
September 30, 1994 – Watch the movie “Advise and Consent” (1962). Get drunk.
October 1, 1994 – Wake up still drunk from the night before. Stumble out to State Street. Go to the Harvest Fest marijuana festival at the capitol. Stand on stage with the other speakers and act like I belong up there. Walk home after dark still buzzing.
October 2, 1994 – Watch the Green Bay Packers lose to the New England Patriots 17-16. Watch the movie “Anatomy of a Murder” (1959).
October 3, 1994 – In Torts class discuss the case of Katko vs. Briney (1971). To defend an abandoned farmhouse from intruders, Briney mounted a shotgun rigged to fire when the door was opened. In the summer of 1967, Katko entered the farmhouse with the intent of stealing old bottles and dated fruit jars he considered antiques. When Katko opened the door, he tripped the trigger mechanism and the shotgun fired into his legs. Katko sued Briney after his release from the hospital. Katko won. Briney faulted for using excessive force to defend his property from trespassers. Mom called me.
October 4, 1994 – In Civil Procedure class discuss injunctions and restraining orders. The provision is in rule 65 of the Federal Rule of Civil Procedure.
October 5, 1994 – In Criminal Law class discuss the case of State v. Olsen, (1945). The sleeping motorist case. The Utah Supreme Court upholds a conviction for manslaugher for a truck driver who fell asleep and swerved over a curb and onto a sidewalk killing a who was child playing there.
October 6, 1994 – Turn in Legal Research and Writing assignment. Teacher marks it all up with criticisms. Otherwise a short day of school.
October 7, 1994 – In Criminal Law class discuss the case of State v. Williquette, (1986). The mom is convicted for failure to take any action to stop dad from sexually abusing the kids. Get drunk while watching local cable shows.
October 8, 1994 – Mom arrives bringing me soda and sweaters. We go out to Ponderosa for dinner.
October 9, 1994 – Watch the Packers beat the Los Angeles Rams 24-17.
October 10, 1994 – In Torts class discuss the concept of Negligence. Discuss cost-benefit analysis of whether it is worth the cost to take precautions to prevent accidents from happening. It is a nice and sunny autumn day. The trees are full of color all all over the campus. Take an afternoon nap.
October 11, 1994 – In Civil Procedure discuss Federal Rule of Civil Procedure 11. Sanctions imposted by the court for making frivoluous claims in a pleading.
October 12, 1994 – In Contracts class discuss the case of Marvin v. Marvin (1976). Actor Lee Marvin’s live-in girlfriend sued him for financial support after they broke up. She lost the case. The court found she did not prove he agreed to support her since nothing was in writing.
October 13, 1994 – Go to the Capitol building to sit in on legal arguments at the Supreme Court of Wisconsin. Run into law students also there to check it out.
October 14, 1994 – In Criminal Law class discuss the case of State v. Serebin (1984). Prison warden of an inmate nursing home reduces staffing levels at the facility. The patients begin to lose weight and develop bed sores. An inmate dies. Court reverses conviction for reckless homicide stating that there was insufficient evidence that Serebin’s decisions on staffing were the cause of the inmate’s death. Go to a fellow law student’s party and get drunk with a friend from high school that I brought along.
October 15, 1994 – Go the Badger game with the friend from high school. Badgers tie Purdue, 27-27. Go home and watch television. Fall asleep while watching the documentary film “People of the Forest” (1988).
October 16, 1994 – No Packer game to watch today. It is their “Bye” week. Watch other NFL games. Watch “Blue Chips” (1994) starring Nick Nolte and Shaquille O’Neil.
October 17, 1994 – In Contracts class discuss the case of Kirksey v. Kirkesy (1845). After his brother dies, plaintiff invites his widowed sister-in-law to come live on his farm in a nice house with land. After a couple of years, he kicks her out of the nice house and puts her up in a nasty house. She sues to have the court order the brother-in-law to put her back in the nice house. The court rejects her claim. The court finds the invitation made by the brother-in-law was a gratuity, not a contract.
October 18, 1994 – In Civil Procedure class discuss the case of Beeck v. Aquaslide ‘N” Dive Corporation (1977). Plaintiff injured using a waterslide. Aquaslide first admitted it was the manufacturer then tried to deny it. The court allowed Aquaslide to amend its answer to the plaintiff’s complaint to deny it was the manufacturer of the slide. The court found that, in the absence of bad faith or needless delay, allowing amendments to pleadings is to be freely given.
October 19, 1994– In Contracts class discuss the Statute of Frauds. Certain kinds of contracts must be in writitng in order to sue the other party in court.
October 20, 1994 – Go to Professor Macaulay’s house. He is throwing a party for the students in his Contracts class. The Packer game is on TV. They are playing the Vikings. It goes into overtime. Everyone else starts to leave. I stay to keep watching the game. Professor has to politely kick me out of the house cause I’m staying too late. Packers end up losing 13-10.
October 21, 1994 – In Torts class discuss the case of Cordas v. Peerless Transportation Company (1941). I am called on to discuss the case. I do quite well. In the case a chauffeur jumped from his moving cab after his passenger threatened him with a gun as he was fleeing the scene of his crime. The vehicle struck and injured a mother and her two children. They sued the cab company. They lost. The presence of an emergency relieves one of the duty of exercise reasonable care expected under normal circumstances.
October 22, 1994 – Go to the Badger game. They lose to the Minnesota Golden Gophers 17-14. The Minnesota players run around the field in triumph carrying Paul Bunyan’s Axe.
October 23, 1994 – A lazy Sunday. Watch NFL games. Watch “Lois and Clark”.
October 24, 1994 – Gray skies and cooler temperatures. In Civil Procedure class we discuss the discovery process. We talk about rules for submitting and answering interrogatories. We also learn all about sanctions for failure to comply with discovery requests.
October 25, 1994 – In Contracts class discuss the case of Hoffman vs. Red Owl Stores (1965). Red Owl promised a couple that if they invested $ 18,000, Red Owl would establish a new grocery store for them. Upon reliance to the agreement they sold their bakery business and bought a new lot. Then Red Owl kept increasing the price they originally agreed to. The deal never went through and couple sued Red Owl. They won under the principle of promissory estoppel.
October 26, 2019 – In Criminal Law class discuss burden of proof for the government in order to convict anyone of commiting a crime. “Beyond a reasonable doubt” is the highest burden of proof in the American legal system.
October 27, 1994 – In Legal Research class learn how to conduct legal research by use of computers instead of books. Take the Contracts midterm exam. It is a struggle for me.
October 28, 1994 – For my birthday in our Torts class the professor asks me to call on anyone in the class to be questioned about the day’s case. I pick a woman that is sitting a few rows in front of me. She turns and gives me a horrified look. The case is Brown v. Shyne (1926). The plaintiff became paralyzed after the defendant performed nine chiropractic treatments on her without a license. The court finds that liability for injury is based on failure to take reasonable care not whether the defendant had a license or not. Go out at night and get drunk.
October 29, 1994 – Watch the Badgers beat Michigan on television, 31-19. News reports interrupt the game to announce that a gunman tried to assassinate President Bill Clinton by shooting up the Whitehouse. Francisco Martin Duran sprayed the north face of teh White House with a smi-automatic rifle. He shot at a bullet proof window. President Clinton was inside the White House watching a football game just like me. No one was injured.
October 30, 1994 – Lay around all day and watch football. Also watch the movie “Stargate” (1994).
October 31, 1994 – Gray skies today. Go to school. At night watch Monday Night Football. The Packers crush the Bears 33-6 in a drenching downpour over Lambeau Field.
November 1, 1994 – Sunny skies. In Contracts class discuss the case of Forrer vs. Sears (1967). Forrer claimed he was promised “permanent employment” as manager of the hardware department at a Sears store in Madison, Wisconsin. He is eventually fired however. He loses the case as the court determines that “permanent employment” merely amounts to an indefinite period of time which is terminable at the will of either party.
November 2, 1994 – In Torts class discuss the case of Boyce v. Brown (1938). A doctor surgically repaired a woman’s ankle with a screw. She complained to the doctor that it still hurt. The doctor just taped the ankle. She went to another doctor two years later. He removed the screw and her ankle healed normally. She sued for medical malpractice. She failed to present any expert testimony at trial. The court granted a directed verdict in favor of the doctor. The Supreme Court of Arizona upheld the directed verdict finding that proving medical malpractice requires testimony from an expert on the subject.
November 3, 1994 -Speak up in Contracts class. Watch movie “Six Degrees of Separation” (1993).
November 4, 1994 – While crossing the street some guy yells at me. Calls me “College Boy”. Fucking cool. Get a haircut. Go home to Hartland. Go out with my sister and her friends to a club called “Metropolis”.
November 5, 1994 – Go out at night to the Walker’s Point bars with friends from High School. Get back home and sleep on the couch.
November 6, 1994 – Go to Milwaukee County Stadium with my dad and my sister. Watch the Packers beat the Detroit Lions 38-30.
November 6, 1994 at Milwaukee County Stadium.
November 7, 1994 – My nose is running and more throat is sore. I am getting sick. Getting depressed too. Watch “Twelve Angry Men” (1957).
November 8, 1994 – Election day. The sickness grows. Go to the store for cold medicine. Go to the Madison downtown library to vote. Check the box for straight Democratic ticket. Watch the returns at night. Republican landslide. Turn off the television in disgust.
November 9, 1994 – Still sick. Sad about the elections. While waiting for class to start I complaint to another law student about the election results from last night. He shrugs his shoulders and says “Oh well, same dog, different fleas”. Makes me feel better. In Criminal Law class talk about the insanity defense.
November 10, 1994 – Still sick. Depressed too. In Contracts class discuss the case of Fullerton Lumber Company v. Torborg, (1955). Plaintiff hired the defendant to work as a manager. They made a non-compete agreeement for 10 years. The defendant then quit and opened his own lumber yard in the same town. The Wisconsin Supreme Court ruled that 10 years was too long but maybe 3 would be all right with them.
November 11, 1994 – Go to Camp Randall Stadium to watch my high school play in the state high school football championship game. Arrowhead High School wins 19-16 with a last second field goal.
November 12, 1994 – Go back to Camp Randall to watch the Wisconsin Badgers beat up on the University of Cincinnati 38-7.
November 13, 1994 – Watch the Packers defeat the New York Jets 17-10 on television while working on my outlines in preparation for final exams.
November 14, 1994 – In Torts class discuss the case of Pokora vs. Wabash Railway Company (1934). Man drives his truck across tracks and is struck by train. The case turned on the issue of contributory negligence. Discuss other cases where people slip on banana peels. While watching Monday Night Football finish out a game of Civilization – the first version. Conquer the planet.
November 15, 1994 – In Torts class discuss the concept of “Res Ipsa Loquitor”. It is a Latin phrase which means: “the thing speaks for itself”. The concept in law is that negligence can be inferred from the very nature of an accident or injury even in the absence of direct evidence against the defendant. The professor instructs us that the legal doctine comes from the English court case of Byrne vs. Boadle (1863). In that case. a barrel of flour fell from a second-story loft and hit the plaintiff on his head. There were no witnesses as to how the barrel fell and hit the plaintiff. The court ruled that the plaintiff could still be compensated for his injury even without direct evidence as to how the defendant responsible for the barrel breached his duty of care.
November 16, 1994 – In Civil Procedure class discuss jury selection issues. Discuss Voir Dire. Discuss challenges to the jury pool. Talk about peremptory challenges. Discuss juror misconduct.
November 17, 1994 – In Criminal Law class discuss commitment proceedings for those found guilty by reason of mental disease or defect. The case is Gebarski vs. Milwaukee County Circuit Court (1979). The defendant killed multiple victims. He was found insane at his original trial. Now he is petitioning for release from Central State Hospital. The jury finds he still is a danger to the community and his release is denied. The verdict is upheld on appeal.
November 18, 1994 – In Criminal Law class discuss the English court case of Regina v. Dudley and Stephens (1884). Dudley and Stephens are cast away at sea. They go weeks without food and water except for some turnips and a turtle. Dudley and Stephens decide to kill the cabin boy, Parker, since he was the weakest and youngest. They feast on his body. They are convicted of murder. The court finds the defense of necessity does not apply to murder.
November 19, 1994 – Go to Camp Randall with my dad and my best friend from high school and his wife. The Badgers beat Illinois 19-13.
November 20, 1994 – Work all day on Contracts paper. Watch the Packers lose to the Buffalo Bills 29-20.
November 21, 1994 – In Criminal Law class discuss the Sterling Hall bombing case. Four men bombed a campus building at the University of Wisconsin–Madison in the early morning hours of August 24, 1970. They were protesting the university’s research connections with the military during the Vietnam War. The bombing resulted in the death of a physics researcher and injuries to three others.
November 22, 1994 – Turn in paper for Contracts class. It is a legal memo to an imaginary politician concerning a proposed law to eliminate unfair contracts in which one party abuses its superior economic position to exploit the other.
November 23, 1994 – Mom comes to pick me up to take me home for Thanksgiving. Watch “The Verdict” (1982).
November 24, 1994 – Go to the Oconomowoc Lake Club for Thanksgiving dinner. Watch the Packers lose to the Cowboys 42-31. At night go with a friend from high school to see “Star Trek: Generations” (1994).
November 25, 1994 – All set to spend the entire day studying for finals. Classes end in two weeks. My future is at stake. Decide to watch a Planet of the Apes marathon instead. “Apes all Day” on USA network. All five of the original movies back to back.
November 26, 1994 – Ok today is the day to get serious and study for finals. Remember, my future is at stake. End up laying around all day and accomplishing nothing. Watch “Witness for the Prosecution” (1957).
November 27, 1994 – My dad drives me back to Madison. Watch a cable special on the American Revolution. What happened to my plan to study during this break?
November 28, 1994 – In Torts class discuss the case of Summers vs. Tice (1948). Plaintiff and defendants went on a hunting trip. Plaintiff provided each defendant with directions on how to safely fire their weapons. Somebody got shot anyway. Don’t know who the shooter was however. Can the plaintiff get a judgment against both defendants anyway? Yes. The California Supreme Court ruled that both defendants were negligent and thus liable “as a direct and proximate result of the shots fired”.
November 29, 1994 – I have nightmares of flunking out of law school. The stress is getting to me. In Contracts class discuss express and implied warranties.
November 30, 1994 – In Criminal Law class discuss the case of State v. Muhammad (1968). Defendant appeals his rape conviction. He argues that the jury had insufficient evidence to find him guilty. He argued consent as a defense to the rape charge. The “rape shield” law did not exist at the time. The Wisconsin Supreme Court in its decision found it significant the victim in the case was not a woman of “chaste character” and thus probably consented. The court threw out the conviction.
December 1, 1994 – In Torts class, discuss the case of Atlantic Coast Line R. Co. v. Daniels (1911). Daniels drove his car up to a railroad crossing owned and maintained by Atlantic Coast. The gates to the crossing were up so Daniels drove onto the tracks. An Atlantic employee then closed the gates because a train was approaching. Daniels was trapped on the tracks and his car stalled. He got out and pushed. He then went to start his car and, when he turned the crank, the engine kicked and the force threw him. He broke several teeth and suffered injuries to his face. The court ruled that the railroad company’s negligence was the “proximate cause” of the injuries suffered by Daniels.
December 2, 1994 – In Criminal Law class, discuss the case of Clark v. State (1979). Defendant tried to kidnap a teenage girl. He pulled up to her in a car and pointed a gun at her and said: “Get in the car”. She walked off. Clark claimed he was drunk and didn’t mean to kidnap the girl. The court affirmed the jury’s guilty verdict.
December 3, 1994 – Go to the law library to study for final exams. Pretty girls keep distracting me. Don’t get much done.
December 4, 1994 – Watch the Packers lose to the Detroit Lions 34-31. They play the game at the Silver Dome in Pontiac, Michigan.
December 5, 1994 – In Criminal Law class, discuss the case of State v. Frey (1993). In a rape trial the trial judge allowed the jury to consider whether the defendant’s hands consituted a “dangerous weapon” under the law. The Wisconsin Court of Appeals reversed the trial court and vacated the conviction, ordering a new trial. In the meantime, I drift off in class by drawing a medieval castle under siege by modern age troops, a tank, an artillery gun and a helicopter.
December 6, 1994 – In Torts class, discuss the case of Palsgraf v. Long Island Railroad Company (1928). On a warm summer day in Brooklyn, Helen Palsgraf is on a platform with her ticket waiting to board the train. A man carrying a package jumped aboard the car of a moving train at a nearby platform. The guard on that train pushed the man back. The package he was carrying fell onto the rails and exploded. The shock of the explosion caused a weight scale to fall onto Helen. The Court of Appeals concluded there was no negligence because the railroad could not have reasonably foreseen that the conduct of its employee could have resulted in the injury to Palsgraf.
December 7, 1994 – In Criminal Law class, discuss the case of State v. Herndon (1988). The case analyzes the rape shield law which prohibits the defendant from examining the victim concerning prior sexual conduct or reputation. The court rules this limitation does not harm the defendant’s Sixth Amendment right to confrontation under the United States Constitution.
December 8, 1994 – In Civil Procedure class, discuss the case of Aetna v. Cunningham (1955). Aetna insured a contractor against the failure to complete a project. The contractor ended up failing to complete the job. Aetna then paid out to another contractor to do it. Aetna then sued for breach of contract and for fraud. Aetna won on the contract claim but not the fraud claim. The defendant then filed for bankruptcy to get out of paying the judgment. If Aetna had won under the fraud claim, however, then the bankruptcy gambit would not have worked. The Court of Appeals ruled that Aetna has standing to appeal the verdict from the trial court even though they technically “won” the case because of the reality that they still ended up “losing” by way of the defendant’s bankuptcy maneuver.
December 9, 1994 – Last Torts class. At the end of the lecture the entire class applauds Professor Palay on a job well done. Discuss the case of Tarasoff v. Regents of University of California, (1974). Prosenjit Poddar killed Tatiana Tarasoff. Her parents alleged that two months earlier he confided his intention to kill Tatiana to a psychologist employed by the University of California at Berkeley. No one warned Tatiana. The California Supreme Court ruled that when a doctor or psychotherapist determines that a warning is essential to avert danger arising from the medical or psychological condition of a patient, that professional is obligated to give a warning.
December 10, 1994 – Study all day for Civil Procedure exam. Watch the Milwaukee Bucks beat the Chicago Bulls 106-103.
December 11, 1994 – My apartment has a leak in the ceiling. Watch the Packers crush the Chicago Bears 40-13.
December 12, 1994 – Last day of the semester. In Civil Procedure class, discuss the case of Liberty Mutual Insurance Company vs. Wetzel (1976). Mr. and Mrs. Wetzel claim that Liberty Mutual’s employee insurance benefits and maternity leave rules discriminate against women in violation of the Civil Rights Act of 1964. Trial court granted partial summary judgment in favor of the Wetzel’s. Liberty Mutual appealed. The United States Supreme Court rejected their appeal since a partial summary judgment was not a “final order” under which an appeal can be brought.
December 13, 1994 – Study for Civil Procedure exam all day. Read my outline over and over. I am nervous about exams, but I remain confident that I will succeed.
December 14, 1994 – Take Civil Procedure exam at 1:00 P.M. Watch the Badgers beat the UW-Milwaukee Panthers, 90-64.
December 15, 1994 – Sudy for Torts exam all day. Go to a fellow classmate’s study session. Watch President Clinton on television call for a “Middle Class Bill of Rights”.
December 16, 1994 – Study for Torts exam all day.
December 17, 1994 – Take Torts Exam at 1:00 P.M. Go home to Hartland for the Packer game. Last Packer game ever at Milwaukee County Stadium.
December 18, 1994 – Go to last Packer game ever at Milwaukee County Stadium. Packers win over the Atlanta Falcons 21-17. Brett Favre scores game winning touchdown in the final seconds. An historic and legendary Packer moment and I was there.
December 19, 1994 – Back in Madison. A frustrating day of studying for the Contracts final exam. Watch “Jagat Guru Speaks” on WYOU public access cable channel.
December 20, 1994 – Take Contracts exam at 1:00 P.M.
December 21, 1994 – Study for Criminal Law exam. Take a break and go to West Towne mall to get Christmas presents.
December 22, 1994 – Study all day for Criminal Law exam.
December 23, 1994 – Take Criminal Law exam at 1:00 P.M. I am the first to finish the exam. I feel that I rushed through it just to get it over with. Go home to Hartland. Depressed but also releived that it is over. Drink and think of what I could have done differently to do better on the exams.
December 24, 1994 – Watch Packers beat the Tampa Bay Buccanears 34-19. Go to Mom’s house in Oconomowoc to celebrate Christmas Eve.
December 25, 1994 – Open Christmas presents. Eat French Silk pie.
December 26, 1994 – Go early with my dad to get Green Bay Packers playoff tickets for the game at Lambeau Field against the Detroit Lions.
December 27, 1994 – Drink beers all day.
December 28, 1994 – Hungover. Sleep all day.
December 29, 1994 – Go to Mayfair Mall with my sister. At night go to Club 400 with friends from high school.
December 30, 1994 – Work all day at Battery Products. Located in the Hartland industrial park.
December 31, 1994 – Go to Lambeau Field for the playoff game. The Packers hold Barry Sanders to -1 yards rushing. They win 16-12. Go out with my sister to and her friends to the bars in Milwaukee to celebrate New Years and get completely wasted.
January 1, 1995 – Hungover and depressed. Lay around all day.
January 2, 1995 – Watch the Badgers beat the Duke Blue Devils in the Hall of Fame Bowl game 34-20. Take a walk around Hartland. Make a New Years resolution to get in better shape this year.
January 3, 1995 – Walk several miles all around Hartland. Stop at the video store. Rent the movie “Speed” (1994). Watch it. Then walk back to the video store to return it.
January 4, 1995 – Walk several miles all around Hartland. Stop at the video store. Rent the movie “The Client” (1994). Watch it. Then walk back to the video store to return it.
January 5, 1995 – Walk several miles all around Hartland. Watch a bunch of saved episodes of the “Mike Holmgren Show”.
January 6, 1995 – Walk several miles all around Hartland. Stop at the video store. Rent the movie “1492: Conquest of Paradise” (1992). Watch it. Then walk back to the video store to return it.
January 7, 1995 – Get depressed while watching football. Decide to drink. End up drinking most of a bottle of Jack Daniels. Get wildly drunk. Blackout most of the night. Some time during the night I broke out the front window in the living room. Beyond drunk. Scary drunk.
January 8, 1995 – Wake up still drunk. Puke all day. Can’t even keep water down. I have poisoned my body. Brutal. Rock bottom. Total lowpoint. Watch the Packers get destroyed by the Dallas Cowboys in the playoffs 35-9.
January 9, 1995 – Lay around all day. Watch the Milwaukee Bucks get stomped by the Phoenix Suns.
January 10, 1995 – Walk several miles all around Hartland. Stop at the video store. Rent the movie “The Paper” (1994). Watch it. Then walk back to the video store to return it. At night go with my dad to pick up a new window to replace the one I broke. We go out for pizza afterwards. He never yelled at me for doing that. That was an amazing thing. I still appreciate it.
January 11, 1995 – Walk several miles all around Hartland. At night watch “Beverly Hills 90210 with my sister.
January 12, 1995 – Walk several miles all around Hartland. Stop at the video store. Rent the movie “A Few Good Men” (1992). Watch it. Then walk back to the video store to return it.
January 13, 1994 – Walk several miles all around Hartland. Stop at the video store. Rent the movie “Short Cuts” (1992). Watch it. Then walk back to the video store to return it.
January 14, 1995 – Return to Madison. The postcards I left with my professors to notify me of my grades from exams are waiting for me in the mailbox. I am stunned. They are really good grades. I thought I did so poorly. I was wrong to doubt myself. This is a life lesson that I have consistently struggled to learn.
January 15, 1995 – Watch the NFL playoff games. At night watch the movie “The Parallax View” (1974).
January 16, 1995 – Clean up my apartment. Drink a few beers and watch Ross Perot on Larry King Live on CNN.
January 17, 1995 – Walk down State Street. Get a haircut. Buy vitamins. At night watch the series premier of “Star Trek: Voyager”.
January 18, 1995 – Pick up financial aid check. Watch the movie “Trial by Jury” (1994).
January 19, 1995 – A blizzard drops a foot of snow on Madison. Watch “All the President’s Men” (1976).
January 20, 1995 – Sit around and do nothing most of the day. Watch C-SPAN. The House of Representatives is debating the Unfunded Mandates Reform Bill.
January 21, 1995 – Take a walk around the campus. It is covered in snow and ice.
January 22, 1995 – Watch NBA action in the afternoon. Later at night watch a documentary on the painter, Edvard Munch (1863-1944).
January 23, 1995 – First day of classes for the spring semester. This semester I am registered for Property, Introduction to Criminal Procedure, Contracts II, and more Legal Research and writing.
January 24, 1995 – Sunny day. Mom and dad both call me. At night watch the President’s State of the Union Speech to Congress.
January 25, 1995 – In Property class, discuss the case of Clark v. Wambold (1917). Wambold owns and operates a farm on his property next to Clark. Wambold has pigs that smell really bad. Clark seeks an injunction to force Wambold to get rid of the pigs under the theory fo nuisance. Clark loses. The Wisconsin Supreme Court ruled that, as long as the property owner is acting lawfully and reasonably on his property, there is no nuisance.
January 26, 1995 – In Criminal Procedure class, discuss the case of Duncan v. Louisiana (1968). Gary Duncan, a 19-year-old African-American, was driving down a Louisiana highway when he saw his two cousins being hassled by white youths on the side of the road. One of the white youths accused Duncan of slapping him. Duncan is charged with simple battery, a misdemeanor. He is denied a jury trial and receives a 60-day prison. He appealed on the grounds that Louisiana violated the Sixth and Fourteenth Amendments which guarantee the right to a jury trial. The Supreme Court of the United States agreed with Duncan calling the right to a jury trial for criminal offenses a deeply enshrined value in the British and American legal traditions.
January 27, 1995 – In Contracts class, discuss the “Mailbox Rule”. An offer is deemed accepted and takes effect whenever a letter indicating such is dropped in the postal box and handed to a postal worker.
January 28, 1995 – Grill a nice a thick steak for dinner. Watch the movie ‘Z’ (1969).
January 29, 1995 – Cook another steak on the grill. Watch Superbowl XXIX. The San Francisco 49ers beat the San Diego Chargers 49-26.
January 30, 1995 – In Property class, discuss the case of Lowell Housing Authority vs. Save Mor Furniture Stores (1963). Save-Mor has a lease on a building that is seized through emininet domain. The government sues for unpaid rent. Save-Mor claims that after the taking of the property by the government that they became a “tenant at sufferance” and therefore the actual value of their occupancy of the building was reduced so the damages from unpaid rent should be lower. The court agreed.
January 31, 1995 – In Criminal Procedure class, discuss the case of Mapp vs. Ohio, (1963). Dolly Mapp got involved with an mobster running an illegal gambling operation. The police went to her house to look for evidence without a search warrant authorized by a judge. They found some pornography photos and books and she was convicted of possession of lewd and lacivious materials. The United States Supreme Court said the warrantless search by the police violated her rights under the Fourth Amendment and threw out the conviction.
February 1, 1995 – In Property class discuss the “Waste Doctrine”. This is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant who damages or destroys the value of that property.
February 2, 1995 – In Criminal Procedure discuss the case of Katz v. United States, (1967). Charles Katz was involved in sports betting. In February 1965, Katz used a public telephone booth near his apartment on Sunset Boulevard in Los Angeles to provide his gambling handicaps to bookmakers in Boston and Miami. Unbeknownst to him, the FBI was investigating his gambling activities, and was recording his conversations via a covert listening device attached to the outside of the phone booth. After recording a number of his phone calls, FBI agents arrested Katz and charged him with eight counts of knowingly transmitting wagering information over the telephone. He was convicted. The United States Supreme Court overturned the conviction on the basis that listening in on his phone calls without a warrant violated his fourth amendment right to privacy.
February 7, 1995 – Still hungover a little from the party at J.J. Voskamp’s over the weekend. The apartment manager lectures me about it. I must have made quite a scene in the hallway coming back all wasted from the party. Do a poor job answering questions in Criminal Procedure class. Discuss the case of Illinois v. Gates (1983). The Supreme Court of the United States affirms that the probable cause test for a warrant is a “totality of the circumstances determination.
February 14, 1995 – Type up my Legal Research memorandum while doing the laundry. I see the apartment manager and she doesn’t seem mad at me anymore. Watch more of the O.J. Simpson murder trial. Watch F. Lee Bailey cross examine a police officer on the stand.
February 25, 1995 – Dreary, windy and cold day. Go to the Memorial Library and attempt to study. Dosen’t go well. Stay up until 1:30 A.M. playing “Civilization”. The first version.
February 28, 1995 – In Property class discuss landlord and tenant law.
March 8, 1995 – Turn in Legal Research outline. See J.J. Voskamp all dressed up in a suit and tie. He tells me that he is headed to a job interview. He calls it: “a tough market out there.”
March 19, 1995 – Another dreary and cold Sunday. Watch Michael Jordan’s first game back in the NBA after his “retirement”. He scores 19 points and the Bulls lose to the Indiana Pacers 103-96.
March 22, 1995 – Sunny day. In Criminal Procedure class, discuss the case of Terry vs. Ohio (1968). A landmark decision of the United States Supreme Court in which the Court ruled that the Fourth Amendment’s prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks without probable cause to arrest as long as the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and the person “may be armed and presently dangerous.”
April 1, 1995 – My dad comes to Madison. He brings me soda. We go to McDonald’s. My best friend from high school calls me to report that his wife got pregnant again. Watch “Schindler’s List” (1993).
April 5, 1995 – Wake up early to finish Legal Research memo. Tired and sleepy in Property class. Walk with J.J. Voskamp for a bit on my way home from Property class.
April 12, 1995 – Go on a date with Heather Benderson. Take her to Stillwaters for a few beers. Go to the B.B. King concert. Afterwards lean in for a kiss goodnight. She stops me and says: “I have a boyfriend”. That sucks. B.B. King was good though.
April 19, 1995 – Work on Criminal Procedure outline. See several pretty girls all over the place. This is not an unusual thing to see on a large college campus like this one. Terrorist bombing of a federal building in Oklahoma City , Oklahoma.
April 26, 1995 – Turn in Trial level brief for Legal Research and Writing class. A girl in front of the union hands me a flower in remembrance of the Holocaust. Eat a couple of slices of Pizza Pit for lunch.
May 6, 1995 – Sunny day. Go to the Mifflin Street Block Party with a friend from high school.
May 13, 1995 – Rainy day. Take Property exam at 8:00 A.M.
May 25, 1995 – In Washington D.C. this week with my sister and her boyfriend. Today we go to the Capitol Building. Sit in the gallery for the House of Representatives and the Senate. We also take a tour of the Pentagon.
May 30, 1995 – Sunny day. Move into my new apartment. 110 West Gilman Street, Apartment No. 2, Madison, WI, 53703.
June 10, 1995 – Drive to Eagle River, Wisconsin. Go to my cousin’s wedding. Get very drunk.
June 23, 1995 – It is very hot here in Madison. Read the New York Times while watching street people bathe in the fountain in the middle of campus. A cop yells at them to get out.
July 1, 1995 – Go to Summerfest with my sister.
July 7, 1995 – A massive party rages in the apartments upstairs in my building. It is a bunch of football players. There is yelling, stomping and things are being broken. The police come by to calm it down. The music blares until 4:30 A.M. It was an epic bash. I did not participate however.
July 14, 1995 – Temperature goes over 100 degrees. Have phone conversations with my mom and dad. Go to State Street. It is the Maxwell Street Days. Get a hot dog.
July 23, 1995 – Take Corporations Exam at 8:00 A.M. Go home and watch Jon Daly win the British Open Golf Tournament.
July 24, 1995 – First day of class in International Law. Offered a job to work in the Law School bookstore. Accept the job.
July 31, 1995 – Hot day again. At night drink beers and watch “The Blues Brothers” (1980).
August 1, 1995 – Another hot day. At night drink beers and watch “The Blues Brothers” (1980).
August 2, 1995 – See Heather Benderson at the grocery store. Don’t talk to her. At night drink beers and watch “The Blues Brothers” (1980).
August 3, 1995 – Call my mom to wish her a happy birthday. At night drink beers and watch “The Blues Brothers” (1980).
August 4, 1995 – Wake up still drunk from last night. Go to McDonald’s for dinner. At night drink beers and watch “The Blues Brothers” (1980).
August 7, 1995 – My mom and step father drive me back to Madison. My sister comes along. It is her birthday. We all go to Prime Quarter steak house.
August 8, 1995 – Go to International Law class. At night drink beers and watch “The Blues Brothers” (1980).
August 9, 1995 – Take an afternoon nap. At night listen to the Graveyard Shift on WORT-FM. About half way through the show they casually mention that Jerry Garcia died today. That totally suprised me. Death is just another doorway we all go through.
August 10, 1995 – Go to a party next door. Have a decent time. Later get back home and drink more beers and watch “The Blues Brothers” again.
August 11, 1995 – Sit around West Towne Mall to escape from the heat. This is the warmest August ever. I have no air conditioning in my apartment. Drink beers and watch the “Blues Brothers”.
August 12, 1995 – Super hot day. Ride bike . Go to a movie just to get into some air conditioning. Go see “Apollo 13” (1995). Watching the scenes where the astronauts begin to get cold circling out in space makes me feel even better. So nice.
August 13, 1995 – Hot and humid day. The heatwave continues. Watch the Green Bay Packers beat the Pittsburgh Steelers in a preseason game. It is hot and humid in Pittsburgh where the game is being played. Brett Farve is knocked out of the game by a bindside sack. He has a concussion. He sits on the bench all dizzy for the rest of the game.
August 16, 1995 – The heat wave continues. Work at the Law School bookstore. At night drink beers and watch “The Blues Brothers” again.
August 17, 1995 – Work again at the law school bookstore. Eat dinner at Wendy’s. Go there not because I like it but to get out of the heat for a while. Loiter inside for a long time. At night drink and watch “The Blues Brothers” again.
August 19, 1995 – Go to Lambeau Field with Heather and her friends to watch the Green Bay Packers preseason game. First time watching a game at Lambeau Field. It was no County Stadium that’s for sure.
August 21, 1995 – Get yelled at for sticking my foot into the wet cement near the Carillon Tower as I walk home from International Law class. Work at the law school bookstore.
August 22, 1995 – Work at the law school bookstore. At night drink beers and watch “The Blues Brothers”.
August 23, 1995 – Work at the law school bookstore. At night drink beers and watch “The Blues Brothers”.
August 24, 1995 – Work at the law school bookstore. At night drink beers and watch “The Blues Brothers”.
August 25, 1995 – Work at the law school bookstore. At night drink beers and watch “The Blues Brothers”.
August 27, 1995 – Take International Law Exam at 8:00 A.M.
2020 – 25 years have passed since that first year of law school. I graduated in 1997. The following year I started my own law practice in Milwaukee. Since then I have handled thousands of cases covering many different areas of the law. I still need to work on a few things in order to be the best lawyer in town. The good news is that, no matter what, I never stop trying.
