I finally realized today that the whole "thinking like a lawyer" thing is really just law school orientation jargon for "using a balancing test to justify whatever conclusion you want." My first year my head was so focused on getting the issues, facts, and holdings of every case that I failed to recognize--until now--that balancing tests control the world. In just a shade under three semesters too!
Balancing tests are also a great tactic for a court to use when it already knows what it wants to do (because of the majority's own personal beliefs), but can't think of a legitimate legal justification for doing so. Just throw two parts competing interests on the scale, garnish it with two parts policy rationale, and viola--you've just created a legally sound balancing test to suit your desired result! One of my professors accurately calls this process (esp. in the context of S. Ct. constitutional decisions) "balacing your rights away."
In other news, the interview process is winding down, and I've had a decent run of it so far. Nothing in stone for the summer yet, but a couple of promising things on the horizon. And here's a little gem to give hope to some of you fellow non-top 20%-ers... I was talking to a friend the other day who is on law review, and she has not had a single callback, while several other folks not even in the top half have gotten multiple callbacks, and even offers, from some of the same firms with which she interviewed. Exact same thing w/ a dude I also know on LR. Thus, the dictum seems to have a little truth to it--great grades and LR will of course land you more interviews, but once it's interview time, attitude and personality, not grades, win the day.
MORON OF THE WEEK (month?)
Last but not least, there's a grumpy old somewhat obese, bulbous man who I see in the gym every day "walking" around the track. "Good for him," right? Well, maybe, if he didn't move as fast as an inbred paraplegic sloth. But that's not even what bothers me; the real fuck of it is he always has one of those motherfucking wireless cell phone ear pieces in and holds extremely loud, angry sounding conversations during the entire duration of these"workouts." I'm a firm believer in the fact that if you're talking on the phone, you aren't fucking exercising. And while I'm at it, who the hell are you to shoot me dirty looks just for living? I'm not the one making your exercise attmpts completely and utterly futile. Plus I think he's actually getting fatter. I wouldn't be at all surprised if he shows up one of these days with a TV tray strapped around his chest slurping up a can of Crisco.
But I digress...