Toluu

Todd's Juris Journal

The happenings of my law school quest and
an examination of current intersections between the law & Christianity.

ThanksgivingNovember 28

Despite mindless terrorism, senseless domestic violence, selfishness trumping humanity, and economic downturn, there is much to be thankful for.

Yesterday was Thanksgiving, but I didn't have time to post. I was lucky enough to have to do homework from a top tier law school. I left my apartment that I'm fortunate to have. I drove home in my car, a fantastic luxury most of the world does not own. Gas prices were well under $2.00. I had a safe four hour drive, after passing two pretty bad highway wrecks. And then I was able to enjoying good food with family.

Last week, I went to a Christian Legal Society luncheon with Greg Baylor, the director of the Center for Law and Religious Freedom at CLS. His speech was fascinating, and he talked about how sexual orientation discrimination policies are the greatest threat to religious freedom. He also spoke that evening at the OSU chapter of CLS' meeting. I won't rehash what he was talking about in detail, because I wouldn't do it justice. (Check out a blog he contributes to.)

But one thing unrelated to his topic struck me. He

Another One Bites the DustNovember 24

I finished my first "real" law school exam today! It was three hours and three questions long. Typically, law school exams have a "fact pattern," which is basically a story. You have to pick out and analyze as many issues as possible, apply the rule, and come to a conclusion. Not as easy as it sounds. But I feel pretty comfortable about Contracts. I'd feel even better if it wasn't for that blasted curve! I'm more worried for my three upcoming December exams: Criminal, Torts, and Civil Procedure...

QuickieNovember 17

I've often wondered how credit card companies can charge such exorbitant interest rates. Isn't that akin to loan sharking? What about usury laws? We were talking about unconscionable contracts today in Contracts. In passing, my professor mentioned that most credit card companies are incorporated in either Delaware or South Dakota because they have the most beneficial (to the credit card company) interest rate laws.

This website confirms that and notes that there is no federal interest rate cap. There used to be, but then it got eliminated after the Great Depression. Check out this map that lists 4 states that have no interest rate cap.

But I live in Ohio, so why should my credit card company from Delaware get to charge me such high interest rates? Here is an interesting 1981 New York Times article addressing how Delaware lured bankers. It also mentions a Supreme Court case, Marquette Nat. Bank v. First Of Omaha Corp. 439 U.S. 299 (1978), which unanimously allows credit card companies to charge out-of-state customers interest rates of the state where the credit card company resides. I did a quick check, and it doesn't look that ruling has been overruled.

If th

Weekend Subject MatterNovember 16

It's been a while since I've compiled the news stories and gave them out... so here it goes!

In breaking from my usual topic, I report on an American Idol from last season. For those who've watched the show, do you remember the homeless guy who lived out of his car? Well Fox loved to exploit him, his story, and his tears. Apparently, after rejecting him from the Top 24, it looks like they want to exploit his talent. Josiah would be the first ever to not make the Top 24 and get a record deal. He plans on putting out a record in January, but American Idol is threatening legal action if he does so.

As a lover of music, that really gets me! There were several rumors during season 4 about why Mario Vasquez dropped out after making the Top 12. Among them was the rumor that he didn't want to be under the exclusive contract with American Idol. American Idols can exclusively contract with Sony/BMG, and they're pretty much owned.

With the legal action against Josiah, it looks like they "own" even those that never made it to the top! I wonder if they have the record rights to Mr. She Bangs himself, William Hung? I would love to represent

The First AmendmentNovember 15

As an advocate of the First Amendment because of its importance to the heart of America, I sometimes struggle with how far is too far. While as a Christian, there are certain types of speech that I don't want espoused, such as pornography. Porn is arguably covered by free speech, as is foul language (recall an earlier post on the FCC fleeting expletive on TV Supreme Court case). But, free speech aside, I believe that we have a special duty to protect the "virgin ears" of minors and to make it a little bit easier for parents to monitor what their child hears.

Then you've got fringe religions such as those that believe smoking marijuana brings them closer to God. Also, there are religions with beliefs that clash with Christianity such as polygamy in the Mormon church. And then there are the super-conservative religions I honestly don't understand like the Amish who constantly clash with modern technology. While my person beliefs differ with those other religions, I believe it is fundamentally important to my being able to practice Christianity, that I support the the free exercise of other religions. This is not to say that I support what the other religions exercise.

Again, how far is too far? There is some "Christian" speech that I disagree with. An immediate example is the Westboro Baptist Church which spouts hate and a message that God loves all is a lie. I