Sunday, August 30, 2009

The River

As the river flows
The further I go
The less I know
The banks hide their nature from sight
The current takes me no matter my fight

The river, you carry your pace
So connected with this very place
Eternally entwined each and every space
And I must trust, my faith in your ride
For river you have humbled my every pride

Oh River! I need not fear
Nor need I even steer
For the end, it is forever near
You care not where I've been, just where ill be
River that flows , take me to the eternal sea

Marqus A. Cole Keep Clawing Away...

Saturday, August 29, 2009

What the F*ck is the Law??

Akin to the matrix or the Tao, one can not be told what "The Law" is, per say. We all "know" what it is of course, but if we had to define it, or why it exists, or more importantly why it exists the way that it does, my hunch is that most people would be hard pressed to find a satisfactory answer to those questions. Professor CivPro mentioned in class the distinct difference between ought/shall. Ought implies that it should be done, or that its reasonable to expect it to be done. Shall implies it will be done. I mention that, because the "LAW" in my view has always been an ought. There is no inherent reason it is the way it is, and our laws aren't inherently better then others, or a religious law i.e. the Commandments. That is why I was so excited when I ran across this passage as I was reading today.

Justice Holmes 1881

The standards of the law are standards of general application. The law takes no account of the infinite varieties of temperament, intellect, and education which make the internal character of a given act so different in different men...But a more satisfactory explanation is that, when men live in society, a certain average of conduct, a sacrifice of individual peculiarities going beyond a certain point, is necessary to the general welfare...[ A man's] congenital defects will be allowed for in the courts of heaven, but his slips are no less troublesome to his neighbors than if they sprang from guilty neglect...When a man has a distinct defect of such a nature that all can recognize it as making certain precautions impossible, he will not be held answerable for not taking them...

***The best part, and most clear statement of the law I've ever read or heard***

A man may have as bad a heart as he chooses, if his conduct is within the rules. The standards of the law are external standards, and however much it may take moral considerations into account, it does so only for the purpose drawing a line between such bodily motions and rests as it permits, and such as it does not. What the law really forbids, and the only thing it forbids, is the act on the wrong side of the line, be that act blameworthy or otherwise

Reading that gives me chills!! I know that may not mean much to you, but to me it illustrates what I have always felt about the law...namely, it is what we make it and while there is a strong correlation between being moral and lawful, the two are not mutually exclusive. There are wicked people that are law abiding citizens, and piously moral people that do unlawful things. It is important to keep the two concepts separate, especially for a lawyer. You don't have to prove or disprove someone is a good person, you do have to prove they were lawful/unlawful. That passage just really excited me! I like Justice Holmes, its not the first time I've read an interesting passage of his. Remember, always be lawful be moral at your own discretion.

Marqus A. Cole
Keep Clawing Away...

Bar Review

Riddle me this, Riddle me that

What does a stressed out law student who has spent hours thinking like a lawyer do to unwind?

Drink like a lawyer of course!

Personally I think it is more a kin to drinking like a pirate, but that is neither here nor there. Last night I hit the town with a a group of my new friends, and it was 'interesting' to say the least. An adventure that includes several bars and clubs, randomly crashing peoples apartments, cabs & trains, and peeing on dumpsters. That kind of night? Yeah it was.

So as always let me just make a note here that names have been changed to protect the parties involved, lol, and because the names aren't important the story is. With that being said

I should backtrack a bit and put the story into a bit of context. Yesterday was the end of a busy first week of law school. The stress of being in a new environment, learning new material, new people, and general anxieties, like a steam pot all that pressure built up and needed to be released. Friday I don't actually have class so I had a chance to decompress a bit during the day. I slept in (till 9) got up and watched a little ESPN. After that I spent about 5 hours reviewing all my notes from the week, and rereading the cases with eye to the new principles I had learned. To my pleasure, I found that not only did I understand the material a lot better now, but I could make my own intuitive leaps and bounds.

Well all that reading and typing at home for hours definitely made for a sense of adventure. The Family and Law Society was hosting a "Welcome back to School" Mixer at a Bar Louie down the street from the school and quite a few 1L's were invited. I met up with Lacie and another girl from my section and we walked with a few upperclassmen to the bar. The bar had $3 Stellas and half off appetizers. A quick note should be inserted here, while I do drink, Beer is really not my thing. Here that is all most people tend to drink, so I'm trying to be open and try new things, plus it was only 3 bucks. That being said, that beer sucked. It just tasted bad to me, I don't know.

Back to the story though. So We get to the bar and about 20 or so people end up showing up; it was a good mix of new people and upperclassmen. I met up with a guy named Javier from my class who sits in front of me and we chopped it up at the table. He seems like an interesting dude and he is from Chicago. I get the sense we are going to be pretty good friends, there are not many minorities in our section (out of 70 students, I am the only black male if that gives you some reference) so we had some things in common and kind of talked about our takes on the week. Courtland, another girl from our section that sits up front with us showed up and she kicked it for awhile as well. She actually went to Spellman so it was nice to have someone else that had lived in Atlanta to talk to.

I made one of those game time executive decisions that the 3 of us should go check out her place and have some drinks before we went out later so that we wouldn't have to buy at the bar. The happy hour was over at 7 and we had a bday get together to go to at 10 for Marty later on. Courtland lived around the corner and had some Rum so we hopped a cab and went to her place. From here the story really goes down hill (i.e. gets more entertaining). Courtland buys a few bottles of wine and some more rum and we start in. As more and more liquor flowed, strangely are tongues loosened up and we got to know each other a little better and talked about school some more. Javier and I ended up free styling, at which point I knew I was really good, so me and him decide to take a cab to SideTrack the bar Marty wanted to go to.

So during the cab ride we are talking to the cabbie and making jokes with him. We've both been drinking so much that we have to piss, so we get the cab to pull over in some scheezy alley and Javier hops out and takes a piss and darts back in the cab. We drive for another 5 or so and decide to just hop out and walk the next block or so. Along the walk we had to pee again so we pull off into a side street like 10 ft away from the main street where people are walking all around and pee onto some dumpsters. Finally we make it to the actual bar

So ok SideTrack is in an area called Boy's Town, so you can kind of infer a little about the neighborhood right? Yeah, you are not wrong, but it actually was a good bar. About 10 or so 1L's were there including Mandy (A girl that sits near me in class, and along with Lacie make up 2/4 of our study group). We all started (and I use that term loosely here) with a celebratory shot of tequila to celebrate Marty's bday. From there we moved up stairs where there was a bar that was less crowded and had better music. People were sharing drinks, and discussing the good and bad of law school, and how it felt to get past the anxiety of the first week. The short of it is that we stayed till about 1 or 2 when the bar closed. From there about 6 of us piled into a cab and went off for the next club.

We ended up at some club called Hangge Ups. I say club, but it was really more a bar with a dance floor and a down stairs with some more space. The DJ was not the best by far, but at this point we were all so blowed that anything could have been on and we would have been happy. The club didn't close till 4 and we stayed to make sure. I can not actually remember the last time I literally danced till 4 in the morning. We ended up taking another round of shots of tequila while there. I finally manage to say good-byes to people and walk around a little aimlessly looking for the nearest train to get on. I get on and make the 15 min ride, almost missing my stop because i was so tired.

I walked the block and a half to my place, somehow manage to make it into my room, text everyone that i made it home ok, and pull my clothes off. Needless to say I slept well in my drunken stupor, lol. I woke up regretting it a bit this morning, I was moving slow. I had to take like a 20min shower to freshen my senses up. When I talked to Jahaira she said I was too old to be out till 4 in the morning drinking and dancing, I have to say I think I agree haha, there wont be too many of those.

So im at the library now, killing some time between studying. Im going to take Saturday and Sunday to get ahead on my readings for the week. Maybe if I find some time this weekend I may go to wal-mart, im still looking for a entertainment center for my living room, and a book shelf for my office. But more on that later. So that my readers was how a bar review goes, and that is in effect how Law Students roll, lol.

Marqus A. Cole
Keep Clawing Away...

Wednesday, August 26, 2009

Day 2 and 3

3 days under the belt and I'm still here. Either I'm really good or law school is not quite as bad as my mind (with the help of others) made it out to be. At this point I have been to all of my classes and met all of my professors. So with three days down, what pearls of wisdom do I have? Time Value, Time Value, Time Value

Why the emphasis on time value? Well because time is a finite resource in law school, and the work you are expected to do is an ever increasing pressure on that resource. Yesterday (day 2) meant two more classes, and two more professors with their own thoughts and demands on my time.

First, I had Constitutional Law. This class I had really been looking forward to, one of my favorite subjects ever is Con. Law in particular the Supreme Court, its role in shaping decisions, and shaping laws. I am a court nut, I must admit, so I was quite excited once we got in class. Professor Con.Law is a interesting little figure to me. He reminds me initially of a bookish Hugh Grant, he has the befuddled absent minded professor type feel to me, but that is not to say he does not know his stuff. I came away from the first class very impressed by his knowledge of the subject, and more importantly the way he was able to convey some of the complex themes to us in our first day. I cant wait for the class tomorrow.

The second class I had yesterday was Legal Analysis, Research Communication (LARC). Also known as legal writing, this is the class that is probably more pertinent for us students when it comes to "being" a lawyer. This class is all about how to research, write, and communicate legal ideas, ideals, and concepts to courts and other lawyers. A class this important obviously...is worth the least amount of credits at 2, but is mandatory for at least 3 semesters. Professor LARC is also another of those interesting characters. In her professional career she has been around the system, most interestingly as a trial litigator. At first, during orientation we met with her twice, my impression was that she was a bit cold towards us in general as a class. After having our first official class with her, and after talking to some 2 and 3L's, I have come to realize that her approach to class is to put us in the roles of attorney, and she the Judge. That is to say, there is a very strict and formal decorum she keeps with us, and our assignments and guidelines reflect that. Of all my classes this one will be the most difficult for me simply because it requires a world shift in thinking about how to write and analyze the information that we are researching.

So today was the third day of class, and I had a much better feel for what to expect when I got to class. I was able to prep for class with the instructors questions in mind and found that I quite enjoyed the back and forth exchanges between us and the instructors. I will try to continue to keep the post kind of general for the first couple of days, things are very up in the air and I cant report yet on standard practices. But stay tuned, I will begin to write a little more about the colorful people in my class and just the experiences of actually being in school. So enjoy

Marqus A Cole
Keep Clawing Away...

Monday, August 24, 2009

Law School: Day One

"You only get one first time, better make it an enjoyable one"
-Random guy to his HS girlfriend

Get your mind out of the gutter! So today was my first day of law school, which begs the inevitable question "How did it go?"; or my personal favorite "How bad was it?". Well I am here to report that not only are Law Professors not FIRE BREATHING DRAGONS...but by all accounts they seem to be reasonable, breathing, normal Humans! How can that be you might ask, find out below the break.

So with one day, and two classes under my belt, I now feel fully qualified in judging the entirety of law school in the post *note the sarcasm please*. I had two classes today, Torts and Civil Procedure. Each of my professors were older white men who had spent time out in the legal profession. I guess from here I should go into a little bit of background on the classes.

[This may also be a good place to reaffirm a few things about my posting here. As I've stated on several occasions this is meant to serve a few purposes: be my first hand account and written record of my trials and tribulations and law school, AND as a handy guide/reference for anyone considering, or anyone just interested in what law school is like. With that being said, this is entirely my experiences, my opinions, and my thoughts on things that I observe and happen in my world. That necessity means that I can only comment on the totality of my experience as I perceive it. All that is to say that, I can't speak for others or how things seem to other people. To that end, I will implement a policy of not using any professor's name at all, and not using a peer's name unless given permission by them as a professional and personal courtesy. That means you should assume all names are fictional unless otherwise noted]

Torts- this class is designed as an introduction and overview on the principle of torts. These are non-criminal, non-contract related instances where the action or inaction of an actor inflicts a harm or injury on another. The classic example is car accidents. Basically these are your everyday accidents, spilled hot coffee, slip in a store, product defects and injures a party. When people speak of "suing" they are claiming a tort has happened to them. Professor Torts seems to be a intelligent and knowledgeable teacher. My overwhelming first impression was that he wanted to be as accommodating as possible in helping us through a very long, challenging, and difficult process. I guess like the kind dentist that has to operate but makes you feel better about the procedure. Personally I enjoy the readings thus far, the cases are interesting, and the things we study are applicable to everyday life and situations. More on the class as the week continues.

Civil Procedure "Civ-Pro"- The study of the forms and rules of non-criminal cases. In short this class will teach us the rules, forms, and procedural laws that govern non criminal cases (cases arising from disputes between two parties, not invoking the power of the state). This class is ehh to me thus far. I understand and see it's extreme importance but rote memorization has never been a forte of mine, and it would seem this class focuses on learning the steps it takes for a successful law suit. That being said, as a person that strives to be an excellent lawyer you can bet Ill be learning pretty fast. Throughout orientation I was told by other staff and upper class men that Professor Civ-Pro would be my hardest teacher, he was mean, he was rude, he ate babies, and transformed into a bat at night (again please note the sarcasm). As is often the case, the truth is much more mild then the imaginations and misremembering of stressed out students. My one day appraisal is that he is highly intelligent and thus expects all of his students to see the cases the way he See's it after years of practicing. Personally I do appreciate the verbal sparring that goes on in class, but then again I never take personally when someone challenges my positions. I can see how that might be disconcerting to others though. We will keep an eye on this class though.

And that for all intents and purposes was it for my first day. I met with my study group after class (more details on that later), picked up my Transit Pass, and came home and did some studying. All in all, I would have to say while this will be a challenge, it will by no means be the most difficult thing I have ever done. After learning the Sigma way i.e. late nights, sleep deprivation, group learning, and muscle memory; I feel as if there are not too many extreme learning situations that I cant handle at this point. So there you go, that is how a first day of law school goes. Day 2 is tomorrow with more adventure.
Keep Clawing Away...

Sunday, August 23, 2009

1L

"1L"

So much is wrapped up in that title. So much honor, so much struggle, so much promise. As I sit here trying to prepare for tomorrow my first day of class, I feel as if I have moved to the eye of the storm. I am now one with the swirl of emotion and conflicting thoughts in my head. I have made my peace, its quieter. It's almost surreal I can feel everything moving around me so fast, my life has changed so much and will continue to change..and here I am just sitting. Being. 1L

It would be cliche to say I am about to take a big step tomorrow, my first class, what to expect? I honestly feel as if my entire life has led me here to this one point. All the things I have been through have become a giant confluence of forces shaping, molding, and directing me to this moment. This is my destiny, my calling, and its strange to think about it now. So many things I wanted to do as a child. So many things that were pushed my way as a teenager. So many chances to throw it away or pass it up as a Young Adult. But here I am, and I know, like I know up from down, that this is where I should be. Where I am supposed to be. Where I was always going to end up.

GOD, Destiny, Tao, or the Force...whatever it is, it knew I was heading here, and I think if I'm honest I knew it as well. I can not be worried, I've been through too much already. Will it be hard? Of course. Will it be taxing? Yes. Will it be to much for me? Not on your life. After pledging, I fully know my physical, emotional, mental, and spiritual breaking point...this will not be near it. This is a matter of self-control, and will. I have both. This will not be easy but this will not be hard, just another challenge. Another chance to prove myself.

I actually look forward to this now. This summer my boss and myself were discussing motivation. More specifically why some Black men make it past there circumstances and others don't. He said something that stuck with me "They don't know their 'WHY'. They know 'WHAT' they want, they know 'HOW' to get there, but they don't have the 'WHY'" What is my WHY? It's like 7th grade again. Y=??

Y=U+G. That is to say "Why is you plus your goals." So what is my Why? Why am I here?

Because I have spent my life watching my family and their service to others. The simple acts of kindness that defines both my parents and grandparents. Because I have been taught, and internalized, that education and pushing one's self to be better is life's greatest challenge. And helping others is life's greatest gift. That is who I am. My goal simply put, is to succeed so I can then use the fruits of my success to ensure others can succeed. Succeed so I can protect those that can not protect themselves. Succeed so that I can lead.

That is my Why. That is the secret strength that I take into this 1L year. That is the secret that will sustain me and force me to succeed. You see the truth is this is not about me, its bigger then me. I can fail myself, but I can not fail others, so I wont. So I am ready for tomorrow and what it brings.

I am 1L
I am
Marqus A Cole
Keep Clawing Away...

Thursday, August 20, 2009

Orientation

"That's it?"

Well OK, maybe I didn't say that...but I did have a sentiment similar to that by the end of today. I just completed the first official day as a 1L and all things considered, it was not that bad. That is to say it could have been much much worse. On the whole the staff and students were friendly, the whole affair stayed on schedule, and it was fairly engaging.

For the most part it was what you would expect from any orientation. We got a welcome from the dean, met the major administrative staff members, and had the heads of various campus services stop by and speak for a bit of time. The overwhelming since I received from faculty and staff was that "This will be tough, tougher then anything you have ever done. We know this, we have been through this, rely on us to help you." That sentiment I must say is very reassuring for a person walking into a whole new world with no real expectations.

I have to say that I was impressed by the professionalism throughout the entire day. From having all the handouts already together in folders for us with name tags and ready to hand out from the beginning, all the way down to the lunch they served. They started on time, and kept everything moving briskly. I cant say how much more pleasant the experience was. I can imagine had it been behind schedule and under prepared it would have only added to the apprehension most students felt.

Speaking of students, lets give a quick break down of the make up of my class. So this is very unscientific, I didn't literally count everyone or check bio data. My guess after talking to other students and staff is that the class size is roughly 260 incoming students. We are broken down into 4 sections roughly of 60 plus students. I would guesstimate a male to female split of 40/60; I'd put racial minorities at 35% (with blacks making up rough 15% of that). On the whole everyone I spoke to seemed extremely kind and bright. As a few staff members noted, all our lives we have been the creme of the crop, out standing amongst the back drop of mediocrity. Now what was once "extra"-ordinary, is THE ORDINARY. This to me seems both a good and bad thing. The good is that you are surrounded by like minded individuals striving to do better so that atmosphere encourages you to be on point as well. Plus they all have some affinity for the law and are suffering like you (misery loves company! lol). The bad is that everyone here has (rightly so I'd say) larger egos then most because they are accustomed to excelling, how else would be here. There is only room at the top for a few people, if everyone is shooting for the top, scores of people are bound to miss. That can really bruise some ego's if they are not accustomed to it.

But all that is to say that I feel comfortable at the school, with my peers, and with the staff/faculty. I do realize that the actual difficulty will come. I feel a bit more prepared for this though, due to my time online for Sigma. After going through that roller coaster of physical, mental, and spiritual testing NOTHING can compare. While law school may tire, frustrate, and challenge me, it cant possibly be more of a burden then pledging was. So in that regard I already have a mental edge over my peers. Hopefully it last. More from the battlefields later though.

M.A.Cole
Keep Clawing Away...

Wednesday, August 19, 2009

Start Your Engines

Mark,
Set,
GO!!!!

And Like that, they are off. Or I'm off, I must be off my rocker at least to think I was ready for this. But as Summer comes to an end, Law school patiently revs itself up and waits to engulf the entirety of me. So as I cherish these last days of relative freedom let me share a few things about school (while I'm still excited about, and in favor of law school)

Monday was my first trip back down to the campus itself. I bought 2 of my 3 books, got my official ID made, set-up my school email, and met with one of my advisers. By the numbers shall we?

1)Like I mentioned I got two books: Constitutional Law and Torts. The book for my 3rd class civil procedure was not in stock so I have to get it later. These are by far the biggest and heaviest (not to mention densest) books I've ever purchased or had to read. More on that later though.

2 & 3) I got my official DePaul ID and set up my campus email and checked out the campus wi-fi while i was hanging around. All things seem to be a go for Monday.

4) Last, I met with the director of the Family Law Clinic (whom I will refer to as Ms. B). She was the one that recruited me into that department so I figured I'd be polite and stop by to say thank you and talk. She gave me some good insight into the personalities of my professors as well as her thoughts on the first year of law school. It both helped and hurt my nerves, I'm still really anxious but on the whole I'm glad I stopped by.

Tomorrow I will be going back to campus to try and pick up the last book as well as scout my classes out and rent a locker. In the afternoon the Social Life committee will be hosting a kickball game for all the law students so I'm done for that. Kickball and meeting new people...how awesome is that? So as you can tell the posting will slowly ratchet up in frequency as the semester gets underway. This is as much about documenting for me my journey as it is a resource for other perspective (or current) law students., as well as for curious people. Off to bed for a full day tomorrow though.

Marqus A. Cole
Keep Clawing Away...

Saturday, August 15, 2009

New Divide

There was nothing in sight
but memories left
abandoned
There was nowhere to hide
the ashes fell like snow
And the ground caved in
between where we were
standing
And your voice was all I heard
That I get what I deserve

So give me reason
to prove me wrong
to wash this
memory clean
Let the floods cross the distance in your eyes
Across this new divide
-Linkin Park-

So here I find myself on the far side of this New Divide. This space, this place, that is hundreds of physical miles from friends and families and light years away emotionally and mentally. I find myself on the verge of a new school, a new way of thinking, and a new life. What is the reason, is this something I deserve???

I am finally bringing my long and much needed vacation to an end. I know it's been awhile so an explanation is needed I think. I finished working July 24th and took the advice of a few current law students I had heard from, which was namely "Take a long good vacation, you are going to need it."

So I did just that. I went back to Atlanta, and from there I went to New York, then to Toronto Canada, then to Niagara Falls, back to New York, back to Atlanta, then to Dayton Ohio to visit my grandparents, and finally I'm on my way back to Chicago. Busy? Yeah I know. I really got to see and do a lot and it was nice just getting up and doing whatever made me happy for the day. More importantly I had a chance to see lots of my friends and family before school starts. I really enjoyed the time with my loved ones, but it enforced an idea in my head more then ever that this next stage in my life will literally divide me from them.

In the physical sense I have moved to a city basically on my own. There is really no support network here for me other then a single uncle that I do not really have a familiar relationship with. The nearest support would be my grandparents five hours away. Other then that I am completely on my own. I've had my own place before (with a roomate) but never have I been quite so alone. It will be different; nice, but lonely, and im not quite sure how the solitude will affect me.

In a more 'meta' there will be another divide, one that I cant really put a name on it. After being home and talking to friends and my family, I cant help but feel a distance developing between me and some people. I realize that I am only 23, but I feel as if I am ready to move on to the next part of my life. This is not a judgment, everyone takes their own winding journey through life, and God knows mine has not been without it's detours and double-backs...but on the whole, law school, and what it represents to me, is a major step forward. For one, it will deliver a tangible step in the direction of my career and life goals. It's also forcing a level of maturity on me that I did not have as a undergrad student. I've done the college thing already, I dont need to get "accustomed" to the life style, study habits, and the independence that comes with it. I can fully focus on doing what is best for me and my future.

"Future", that's another thing that keeps coming up in my thoughts. I'm ready to face it. I dont know what it it holds, I have my thoughts on the subject, but more then anything I'm just ready to get there. So here I stand, with my back to my past and facing this New Divide. The saying goes "We will cross that bridge when we get to it"...well I'm here, and I'm ready, it's time to see what the future holds.

Marqus A Cole
Keep Clawing Away...