Courtesy of a law student at St. Thomas law school in Minneapolis comes this drinking, phone-talking, smoking driver and proud tortfeasor. As the student explained:
Here’s a potential tort for you. I’m a law student at University of St. Thomas (Minneapolis). While driving through Iowa, I spotted a girl drinking a beer, smoking a cigarette and talking on the phone. When she saw me taking a picture, she even posed for me.
So I’m taking a pleasant walk along a Florida beachfront park and encounter this sign warning that it is a crime, punishable by up to one year in prison, to abandon cats in the park. I’m thinking, “That’s weird.”
Then I get to a second sign warning it is unlawful to feed or abandon cats or other animals. Unlawful to feed a cat? Wait a minute.
At this point, I’m thinking, “Aren’t we engaging in some serious overkill on the cat issue?”
But then I come to a third sign and go, “Uh-oh.” Did Tuggers run away to join the other cats?
Poor Tuggers. Hope he is found. In the meantime, if you are at the beach and come across an Orange Domestic Shorthair sunbathing or shell collecting, be felonious (or it is feline-ious) and feed the poor thing.
Meanwhile, anyone who would abandon a cat deserves a bad fate.
Don’t think for a minute that Canadian judges can’t keep up with American judges when it comes to Strange Judicial Opinions. Wild and crazy judicial happenings in Canada are here, here and here.
Now comes a new hit TV series, I mean, an order in a divorce case, entered by Superior Court Justice Pazaratz, where the court analogized the parties’ ugly divorce to the hit television show, Breaking Bad. Excerpts from the order include:
1. Breaking Bad, meet Breaking Bad Parents.
2. The former is an acclaimed fictional TV show whose title needed a bit of explaining: “BREAKING BAD: A southern U.S. expression for when a good person suddenly loses their moral compass and starts doing bad things”.
3. The latter is a sad reality show playing out in family courts across the country. “BREAKING BAD PARENTS: When smart, loving, caring, sensible mothers and fathers suddenly lose their parental judgment and embark on relentless, nasty litigation; oblivious to the impact on their children”.
4. SPOILER ALERT: The main characters in both of these tragedies end up pretty much the same: Miserable. Financially ruined. And worst of all, hurting the children they claimed they were protecting.
5. To prolong the tortured metaphor only slightly, the “urgent” motion before me might be regarded as this family’s pilot episode. Will these parents sign up for the permanent cast of Breaking Bad Parents? Will they become regulars in our family court building, recognizable by face and disposition? Or will they come to their senses; salvage their lives, dignity (and finances); and give their children the truly priceless gifts of maturity and permission to love.
6. Stay tuned.
[The court proceeds to recount the parties’ inability to work together, accusations and counter-accusations, and their deadlock in trying to reach a custody sharing arrangement. The Court decides on a reasonable arrangement before wrapping things up.]
36. One final comment:
37. I hope I didn’t offend the parties with my Breaking Bad Parents analogy. They’re not bad parents. Yet.
38. Mainly, I was trying to give both parties a sobering warning: Stop!
39. Stop being nasty.
40. Stop jockeying for position.
41. Stop playing hardball.
42. Stop acting like you hate your ex more than you love your children.
All good advice, Justice Pazaratz, but you’ve just ruined the potential for the TV series.
–Coe v. Tope, Case No. 2839/14, Ontario Superior Court of Justice (July 3, 2014). Thanks to whoever sent this along. We lost track of the original email. Let us hear from you!
It’s the season to reprise those two holiday favorites from the Harmless Error vault:
Santa Suit — The children of the world file a class action lawsuit seeking redress for perceived grievances against the man in the red suit. (Caroline Kennedy selected this column for inclusion in her A Family Christmas anthology.)
Santa Strikes Back — Turns out the jolly one has his own issues about his Christmas job. Mightily ticked off, he files his own lawsuit.
Thanks to legal humorist extraordinaire Randy Maniloff for a nice shout-out to Lawhaha.com as part of his recent article exploring cartoon accident clichés that found their way to the courthouse.
Exploding cigars, falling anvils, you name it. Turns out the experiences of Wile E. Coyote and Tom and Jerry also happen to ordinary people, and Randy cites the cases to prove it.
That’s one of the things we most appreciate about him. Like Lawhaha.com (and unlike so many purveyors of legal humor), Randy doesn’t circulate undocumented anecdotes that may or may not have really happened. He researches and provides citations to everything.
Ryan A. Malphurs conducted an interesting study of laughter in proceedings before the U.S. Supreme Court, following up on the work of Jerry Wexler for the New York Times. His entire article is must-reading for fans of legal humor, but this attention-grabbing opening excerpt from an oral argument in Safford Unified School District v. Redding certainly stands out:
Justice Breyer: In my experience when I was 8 or 10 or 12 years old, we did take our clothes off once a day, we changed for gym, okay? And in my experience, too, people did sometime stick things in my underwear–
(Laughter.)
Justice Breyer: Or not my underwear. Whatever. Whatever. I was the one who did it? I don’t know.
Studying all notations of “(Laughter)” appearing in the Court’s oral argument transcripts during the 2006-2007 term, Malphurs found 131 instances of ha-ha outbursts.
–Ryan A. Malphurs, “People Did Sometimes Stick Things in my Underwear”: The Function of Laughter at the U.S. Supreme Court, 10 Communication L. Rev. 48 (2010).
A Word Cloud reveals the stress and anxiety of 1Ls.
This is Part II of an exploration of psychological distress in law students. Part I explored empirical research showing the extent to which law students suffer from psychological dysfunction such as anxiety and depression. This part highlights a couple of non-scientific indicators of the problem.
Mid-semester, I asked a class of first-year Torts students to list their three top emotions about law school. Then I dumped all their answers into a Word Cloud program, which depicts entries by size according to how often the words are repeated. The results, as you can see from the picture, are not a pretty sight.
I also asked them to play Ernest Hemingway. You may have heard the legend that Hemingway once made a bet that he could write a complete story in six-words, and proceeded to write on a napkin, “For Sale: Baby shoes, never worn.” I assigned, as some other professors have done, my 1Ls to write a six-word story about law school. The majority of their stories reflected stress and anxiety. Here are some samples:
• Accepted application. Law school. Emotional wreck.
• Started school. Constant briefing. Now crying.
• Socrates meets Bentham under Sisyphus’ boulder.
If you’re a law student who is struggling, seek help. Talk to your professors about it. Visit the university counseling center. Do not accept depression or severe anxiety as normal consequences of law school. There is no shame in suffering these conditions. I was a wreck during my first year. You can read about it in my 1L story for the University of Missouri-Kansas City Law Review: Neurotic, Paranoid Wimps—Nothing Has Changed.
I talk to my students about these issues and each time I do, at least a couple of students contact me afterwards to say thanks and share their own experiences. In many cases, they take me up on my advice to seek help at the counseling center. When they do, invariably, they report back that they are doing much better.
On the Sunny Side. If you’re considering law school, do not let these posts scare you away. Law school isn’t all gloom and doom. The research just makes it look that way. No one has ever studied the positive aspects of law school, of which there are many. Here’s a happy statistic the might surprise you in light of what you’ve read in these posts: 83 percent of the 33,000 students who responded to the 2011 Law School Survey of Student Engagement reported that they found their law school experience to be either good or excellent.
Sure, law school is a challenge, but it’s supposed to be. It obviously is doable though, or we wouldn’t have 1.1 million lawyers in America. I love this comment from a student in response to a question asking whether her first year was better or worse than expected:
I love law school. I love the material, the professors, my classmates, and especially those few close friends I’ve connected with and grown close to. Law school is definitely more challenging in so many ways than I ever could have anticipated, but that’s what makes it great. If it was easy, I can say in all honesty that I would be disappointed. It’s supposed to be hard because it means something. The challenges are what help us grow and learn and open our minds and I wouldn’t have it any other way.
Hang in there! First-semester exams will be over before you know it.
On my way to class recently, I came across this hand-written annotation posted alongside this rainy day painting hanging in our magnificent law school (recently ranked as the nation’s best law school facility).
Click to enlarge the picture and you’ll see it’s a man standing under a raining umbrella. The sign says: “Every day in law school”
As law students everywhere approach fall semester exams, it once again brought home the sad fact that many law students struggle with anxiety, depression and other psychological dysfunction.
As far back as 1957, a study found that psychological distress in law students significantly out-paces not only the general population, but other graduate student populations, including medical students. (Eron & Redmount, 1957).
A 1980s study of law and medical students at the University of Arizona found that law students scored significantly higher than both the general population and medical students in nearly every category of psychological dysfunction, including anxiety, depression, feelings of inadequacy and inferiority, hostility, and obsessive-compulsiveness. (Shanfield & Benjamin, 1985).
With regard to the chicken and egg question of whether law school causes psychological distress or attracts people who are already inclined toward it, one study found that law students begin school with psychopathological symptoms similar to the general population, but that those symptoms become substantially elevated during law school. The same study found that 17-40 percent of the participating law students suffered from depression. (Benjamin, Kaszniak, Sales & Shanfield, 1986). Comparatively, the Centers for Disease Control reports that 9 percent of the U.S. adult population show symptoms of depression, including 4.1 percent who suffer major depression.
In another study, researchers administered a battery of tests to entering law students to measure their states of happiness, life satisfaction, physical symptoms, and depression. The scores showed that the students were a mostly contented, normal group on arrival. By the end of the first year, however, they showed large reductions in positive affect, life satisfaction, and overall well-being, and large increases in negative affect, depression, and physical symptoms. (Sheldon & Krieger, 2004).
A 2000 study of University of Michigan law students found that half of the students showed symptoms of clinical depression by the end of their first year, and that these high levels remained throughout their law school careers. Comparing the law students’ scores on a standard depression scale to scores for other groups subject to extreme stress yielded startling results. The 50 percent depression rate for law students compared to rates of 40-45 percent for unemployed people, 50 percent for people experiencing the death of a spouse or marital separation in the past year, and 50-60 percent for persons being treated for substance abuse. (Reifman, McIntosh & Ellsworth, 2000). This isn’t to suggest, of course, that being a law student is as bad as those events, but law school can push the brain’s depression buttons.
To the extent law school is responsible for causing emotional distress in law students, one doesn’t have to look far for plausible explanations, including the make-it-or-break-it single-exam format, heavy emphasis on grades and class rank, lack of feedback, competitive environment, high student-teacher ratios, Socratic method, and intense workload. Added to these traditional woes are modern worries about heavy debt-load and finding a job. Intangibly, the adversarial nature of the legal system in which law students are immersed, the emphasis on objective analytical thinking over personal values and emotions, and strains on personal relationships can all add to psychological dissonance.
Law students: Be self-aware. Students are sometimes the last to know, or admit, that they are struggling. I once had a first-year student rush out of class thinking she was having a heart attack. I ran after her and found her sitting on a bench clutching her chest. Her face was flushed and she was sweating and trembling. But it wasn’t a heart attack. It was a panic attack.
Stay on the lookout for anxiety or depressed states that are excessive and prolonged and are impairing your ability to function. If you’re struggling, know you are not alone. Many students suffer silently, hiding their distress even from close loved ones. I felt that way as a student. It’s okay to feel bad. Take advantage of the university counseling center. Free and confidential, your fees pay for it.
Part II of this post will offer more insights, but if you have access to a copy of 1L of a Ride, read Chapters 19 (The Bleak Side of Law School) and 20 (Maintaining Well-Being). Also study Chapter 15 (Exam Preparation) for strategies on approaching exams in an organized, reduced-stress way. In the meantime, remember: this too shall pass.