That's a crock'er shit

I'm going to Whistler today with about 7 friends from law school. We're on a truly dorky mission to recreate a famous case we learned about in Torts....oh yes, the infamous tubing case of Crocker v. Sundance Northwest Resorts Ltd. In this case, the resort was held liable for Crocker's injuries after he drank himself to oblivion and then insisted on participating in a tube race. Crocker, the champ, ended up a quadriplelegic after hitting a mogul and flipping his tube.

So here's to recreating Crocker, minus the neck-injuries and paralysis and everything. Rock on.

law school

This was posted on a Canadian law school forum in response to a comment about affirmative action. I thought it was quite powerful:

I take it that you are against affirmative action because you feel it somehow lowers the quality and competence of the legal profession. Such a viewpoint is one adopted by most conservatives who believe that any form of affirmative action is reverse discrimination. But to simplify a very complex social issue in such manner is rather misinformed and inappropriate.

First, one must understand that law is unlike medicine or mathematics, in that it is a social science. It does not necessarily adhere to the same rigorous laws of nature; but rather the laws are a reflection and combination of social and democratic values, precedence, logic, and common sense among other things. Furthermore, to be a lawyer is to take part in a democratic process as an officer of the court, and in some cases, part of the bona fide qualification may be that the lawyer come from different ethnicities and backgrounds. Now, there is no doubt a few anglo saxon white males can competently represent aggrieved black or asian members of the population, but one would have give some thought whether a black or asian lawyer, by virtue of their background, can provide better representation. An important element of oral argumentation derives from the lawyer's personal identification with the injustice felt by his or her client, and it may be the case that a WASP lawyer could never fully understand the inconvenience and insult felt by a black sportsman who is periodically stopped by police by the mere reason his skin color is black and he is driving a Mercedes.

There is also the question of what constitutes merit. Is it merely to be a combination of one's undergraduate marks and the LSAT? Is there a magical percentage that could be assigned to each to provide a person with a true merit index? Or, is it the case that perhaps merit should include consideration of how one overcame adversity, structural discrimination, and overwhelming odds? Is merit based on academic standards to be the best predictor of success in the legal profession? Or is success also dependent on such "intangibles" as determination, perseverance, and a heart inclined towards justice?

One must understand that some members of the minority who entered law school by taking advantage of "special access" are not necessarily being given an inappropriate, and reverse-discriminatory push by society. Often, these members had to work through poverty, learn a new language, and adjust to new cultural and societal values to get to where they are. It may be that their true ability would have given them superior LSAT + GPA scores had they had parents who were upper-middle class, who were lawyers, who spoon fed them through the best education money could offer, and who then used their network to ensure jobs and success for kids. We see a multitude of examples such as this in society, and in a way, this could be regarded as discrimination in a systemic sense, in that unmerited white individuals are inappropriately occupying positions of power in society. Many would make such an argument against President Bush, for example.

I, myself, am a member of ethnic minority, and I applied to law schools under special access category. I was born in a family that lived near poverty income, that didn't know whether there would be enough food the next month, and that faced financial and systemic barriers one after the other. Still, I persevered. Although my marks from some university years were not stellar, because I had to work two jobs to support myself, because, to a large degree, I was still learning the English language and Canadian culture, and because I didn't have parents who could guide and coach me through the years, I held on to the belief that one day, I could become a lawyer. And here I am today.

I suppose if the admissions committee had adhered to your view that GPA + LSAT should provide the only reliable index for merit, I wouldn't be where I am today. And I'm thankful that merit, as perceived by them, is quite different from yours. For, today, I work harder than my peers, and I work with a sense of passion and gratitude for the profession. My marks are above average, but beyond that, I believe that I will one day become a lawyer who will exceed even my respected peers in his dedication to clients and results achieved.

Simply, I think those who beileve law schools should weigh primarily on GPA+LSAT index to deny special access students are very misinformed. I ask them to consider, whether had they gone through what I did and faced the barriers I did -- whether they could made it to law school themselves.

This was one of the posts in response:

You didn't persevere. You took advantage of a system that holds you to a lower standard. I'm a white male. I get no breaks, so at least I have the satisfaction of knowing that I've earned my position in life.


Wow. That went over his head now didn't it.

in an instant

On the bus this morning we were held up at an intersection. A driver had turned across the intersection and hit a baby carriage. Apparently, the several-month-old baby flew approx. 5m before hitting the pavement. My bus came along just after this happened, and all I saw was a hysterical mother clutching her child...no police or ambulances had arrived yet. I heard that the baby was wailing his/her little head off, so that's a good sign.

What kind of godforsaken idiot hits a black baby carriage the size of a small SUV on a perfect, clear morning? I know how a moment can decide life or death. Every time I'm reminded of that looming injustice it fills me with rage at the people who don't take their power behind the wheel seriously. ALL IT TAKES IS A SECOND. Your cell phone/cd player/day dream can wait.

homesick

I was listening to some bad country music today. Scary vigilantism and hanging in the streets aside, wouldn't it be nice to see the world as good and bad, pure and evil, saints and sinners?

There are places, outside of country music, where that "simplicity" rests...and I grew up in one of them. Shades of gray and blurriness DO exist in these rural "utopias" but you have to be very perceptive to pick them out. If you pay attention, you'll find the grandparents raising their granddaughter as their own child, the illicit affairs between neighbours, the 19 year old teenager from a strictly religious family seeking sexual gratification from an 11 year old churchmate. Because no matter how strenuously they try to keep their little worlds manageable, life can never be controlled. Baser human urges get in the way.

Sometimes when I've got too many thoughts clattering inside my head, or too much anxiety over the ills of the world, I wish I could seek comfort in the predictability and simplicity that is found in the small Alberta town where I grew up. I could see the same people day after day, know that they are good, and if we need to, we will band together to keep all the "bad" out. Most importantly, the fact that we are erring humans entangled in shades of gray is the secret we will always keep for each other.