My weekend is limited to those three words. It is memo time once again which means that our apartment is turning into a catastrophe, our diet consists of cheap, frozen foods, and we had to buy more highlighters.
My memo is on adverse possession, which is one of the coolest things I’ve come across in my studies. A claimant can gain property through adverse possession. All you need is an actual entry onto the land, for the use to be “open and notorious” (such as building a fence), for the act to be hostile against the true owner (mostly that they didn’t give you permission to be there), for your possession to be exclusive (no one else is trying to do the same thing) and continuous for the statutory period (In NY that means 10 years). Satisfy all of those elements and you have yourself a nice chunk of land. So all of you who actually pay money for property are just suckers. His and I are trying to figure out how to adversely possess some nice land in the
The other subject occupying my mind is obscenity. We’re working on the 1st amendment in Constitutional Law. In fact, 1000 of our 1200 assigned pages for the semester deal with the 1st amendment. Right now we are focusing on obscenity, what constitutes it, and is it proscribable. This is an incredibly interesting topic and more and more I find myself siding with Ginsburg and Kennedy and against O’Connor. I’m still coming to terms with this.
The thing that is really bugging me about all of these FCC cases is that the only state interest being preserved is the innocence of the children. Every argument focuses on proscribing speech based upon a poor helpless child somehow switching on the TV and seeing something inappropriate. I’m sorry, but I’m a jaded law student now and you have to do better then that. And reading 20 pages of octogenarians describing v-chips and cable television is enough to drive this young whippersnapper up the wall.
That’s my rant for the day…. Back to memoing.
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