The Law of Halloween

Today is the day of tricks or treats, of lit jack-o-lanterns, and of dressing in costumes silly or scary or downright outlandish.  But Halloween gives rise to more than ghouls and goblins; it also produces facts for interesting case law.  How about the neighbor whose lawn decorations included a sign saying “Insane Asylum” with an arrow pointing toward the plaintiff’s house, along with a homemade tombstone that allegedly referenced the plaintiff and read:

At 48 She had

No mate No date

It’s no debate

She looks 88

She met her fate

in a crate

Now We Celebrate

1961–2009.

Click here for an article in the New York State Bar Association Journal by Attorney Daniel B. Moar, collecting what he calls “Case Law from the Crypt:  The Law of Halloween,” including the above case as well as a case where the court held as a matter of law that a house was haunted.

Trick or treat!

Continue ReadingThe Law of Halloween

What Really Motivates Us?

You have a task to assign to someone with whom you work.  Maybe that task is producing a certain number of widgets before 5 p.m. or maybe it’s writing a summary judgment brief to file next week.  What will motivate that person to complete that task and complete it well?  Money?  The possible recognition of Employee of the Month?  Or simply the desire to complete the task the best way she can?

According to Daniel H. Pink, author of Drive: The Surprising Truth About What Motivates Us, if the task is more like completing widgets, rewards like money and recognition are the best motivators.  But if your task is more like writing that brief, then tangible rewards are most likely to backfire in the long run.

But doesn’t making more money or garnering more recognition motivate everybody to do a good job?  Not according to Pink.

Continue ReadingWhat Really Motivates Us?

Falling Leaves and Rising Stress Levels?

The leaves are changing, the nights are cool, and there’s a nip in the air in the early mornings.  That means it’s October, which means for most law students that school has been in session for nearly two months (for most students).  It’s around this time that the 1Ls perhaps notice an increase in workload.  Now there’s not just reading and briefing for class – which may be clipping along more quickly now – but probably assignments due in their writing classes.  All along, in the background, 1Ls are hearing people talk about “getting those outlines started.”  Second years have hustled through the on-campus interview process, which seems more selective than ever, and some are working their way through call-backs.  Others are frustrated that they aren’t getting any call-backs.  And likely most 3Ls are themselves working on getting jobs, knowing with that as each day passes, they are one step closer to graduation and one step closer to having to pay back those loans.

Perhaps here is where the stress starts to kick in.

Not all stress is bad; stress often gives us the kick in the pants we need to get things done, and we can return to “normal.” But for law students, the stress can seem to be ongoing, weighing them down for weeks or maybe months.  Is there any way for law students to avoid this stress?

Continue ReadingFalling Leaves and Rising Stress Levels?
Newer Posts
Older Posts