A side advantage of having records of the lectures is that I can remember some of the amusing things professors have said. Here are a few quotes:
Who are the arbitrators, after all? These are not folks that have been appointed through some process to be a judge or elected by the citizenry to be a judge. These are folks who have said, “I’d like to be an arbitrator. Can I do that? I’d like to be paid to sit and listen to other people’s problems and tell them what they can do with it. Can I sign up for that job?” And someone says, “Sure, yeah, you can sign up. You have a J.D. …and a pulse.”
- Civil Procedure
Now, again, we’re going to come back to this at the end of the year. The last thing we do is going to be remedies, and so I will bring this up again. This is just a highlight; it’s a foreshadowing. This class is just a giant novel, and I like to foreshadow, and I also like to hearken back to things that you attempted to learn last semester but you have forgotten in a horrible purge of everything that happened in your first semester of law school. I like to bring that up for dramatic effect. Heightened tension. Anyway, other questions?
- Contracts
Regarding Burton’s theory (about good faith performance and recaptured opportunities):
Make an analogy to romance… you’re a free agent out there, but once you get engaged and married, well, you have foregone opportunities, right? And so, if you act to recapture those opportunities, that’s bad faith.
- Contracts
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