On Mary M.

Hello!

I posted the Mary M. case, which is rather long. I will leave it up about a week and then probably take it off. This means that you should print it if you are sentimental and want to keep it.

When you read this case, please remember... it represents a minority view of a very narrow set of circumstances. It is interesting to see how the courts analyse and apply the case law to new facts. And it is interesting to see how they justify their departures from settled rules. But beyond that, it is not a useful tool for your law school task. Scope has a test and we need to stick with it.

My goal, when we are talking about policy and the "bigger picture," is to turn ON those light bulbs in your heads. The biggest stumbling block that law students encounter is black and white thinking. Try to see the grey. Try to see the gradient. The sooner you can turn on the part of your brain that makes fine distinctions, the sooner legal analysis will start to make sense.

Brief your cases. Cull out the relevant facts and discard the irrelevant facts. Write those issue questions, try to answer them and if you are feeling adventerous try changing the facts around to see if the analysis changes with them. I will see you on Week Four Night.

Ms. Main