lukegilman.com : The Blawgraphy
Life of a Law Student, University of Houston Law Center

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Please note: I'm no longer updating this particular blog, but keep it around for archival purposes. Visit me at the current blog at www.lukegilman.com

South Texas Law Grad Sues to Collect Defense Attorney’s Million Dollar Challenge to Disprove Client’s Alibi

The current job market for lawyers calls for some ingenuity. Dustin Kolodziej didn’t stop at sending out resumes. In the course of defending Nelson Serrano criminal defense attorney Cheney Mason claimed it was impossible for his client to have committed the murders in Florida and be in Atlanta motel 28 minutes later where he was captured on a security camera. In an interview on national television, he stated “I challenge anybody to show me, I’ll pay them a million dollars if they can do it.” Kolodziej went to Florida with a video camera and retraced the alleged flight of the suspect and clocked himself in at under the 28 disputed minutes. Mason has refused to make good on the challenge, contending that it was obviously a joke and no reasonable person could believe the offer was seriously made.

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Corbin on Contracts, He Doesn’t Know What Consideration Is Either

On July 17, 1965, the great mind of contracts, Yale Professor Arthur Corbin, then 91 and in failing health in West Boothbay Harbor Maine, replied to a letter from a 1st year law student at the University of Kansas and included the following line, which I find both hilarious and comforting:

Corbin: Do you know what a “consideration” is—one that is operative to make a promise enforceable? If you do, you know more than I and some others know. And yet, in Vols I and IA I have written many chapters about it.

Though I’m not sure if that should make me feel any better about it or not.

From Donald Bostwick and M.H. Hoeflich, Arthur Corbin and the University of Kansas School of Law: Four Letters, 54 Kan. L. Rev. 1115, May 2006.

Distinguished distinguishing…

beef-creature.jpg

A cow is not a cow when it is a ‘beef creature’.
Sherwood v. Walker, 66 Mich. 568, 577-578 (1887).

 

Contracting Shrinkage

From the Wired GC – Contracting Shrinkage

We seem to have sunk to a kind of playground system of forming contracts. Tag, you agree! Lawyers will tell you that you can form a binding agreement just by following a link, stepping into a store, buying a product, or receiving an email. By standing there, shaking your head, and shouting “NO NO NO I DO NOT AGREE,” you agree to let the other guy come over to your house, clean out your fridge, wear your underwear and make some long-distance calls.

Continuing – “(I think this is an example of the objective theory of contracts my professor made me aware of through a Socractic bludgeoning with Lucy v. Zehmer).”

I try to read most of my EULAs, I really do, it’s just that my mind shuts itself off in self-preservation about half-way through and I end up wandering around in a haze wondering where I’ve been the last 24 hours. Have I had a meeting of the minds with Microsoft? Has anyone? Something to look forward to in contracts…

“Oh my god, they killed Posner!”

the-pos.jpg

Not really. However, our contract prof has an strange habit of allowing a few glaring factual errors to go forth into the intellectual ether uncontradicted from time to time. Last night, someone started waxing philosophical about Posner’s approach as being indicative of a bygone era and that ‘if Posner was still around today he likely would have taken a different view.’ Ouch. Just to set the record straight, not only does he live, he blogs. Long Live the Pos! Down with Asymmetrical Information!

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