Wednesday, August 26, 2009

(Some of the) Things I've Learned Today

School has resumed and my cup now runneth over with knowledge. Today, I learned the following things:


*I learned that "anthropogenic" means "caused by humans." (Used when discussing pollutants and other bad things that man has produced.) I discovered this while doing my reading for Environmental Law.

*In a related matter, I learned that Environmental Law is going to be a boring course.

*I learned that back in the day, motorists driving into a state different from their domicile were once required to pull over near the border and execute a consent to be sued. Why? Well, this is most easily explained with an example, so let's say you're driving from IL into WI. (Let's assume that there's something worth seeing in Wisconsin...a stretch, I know.) Let's also say that you crash into a Wisconsinite in his home state. This Wisconsinite wants to sue you--a dirty FIB--for negligence. Let's also say that we're all living in 1880. Finally, Wisconsinite wants to sue you in a Wisconsin state court. Well, the Supreme Court said in Pennoyer v. Neff (1878) that a state court has "personal jurisdiction" over you only if you are within the State. So, if you are back in Illinois, Wisconsinite cannot bring the suit in a Wisconsin court.

In short, Pennoyer premised personal jurisdiction on presence. So, if you were stupid enough to go back to Wisconsin, you could get served in Wisconsin and then all of a sudden you hafta appear in front of a Wisconsin state court. Oops! Anyways, Pennoyer mighta made sense when it was written, but with the advent of automobiles and whatnot, the test (of presence) made less sense. So, for a short time, motorists had to sign those consent forms (waiving their objections on the grounds of personal jurisdiction, essentially). Later, courts came up with the legal fiction that motorists, by driving across state lines, impliedly consented to being served via a State official. Finally, we just trashed Pennoyer (more or less) and came up with a different standard.

Confused? Yeah, same here. That's not all, either: there's also "subject-matter jurisdiction" issues. For example: can a federal court hear a breach of contract claim? (Breaches of contract are purely state matters.) Can a state court hear a case concerning federal legislation? There's also some sick, sick stuff about determining whether a state court should apply its own state law or a different state's law, but I have no idea how that stuff works, haha. Stay tuned, I guess.

*I learned that "Doin' Time" is a loose cover of a Gershwin song (covered here by Janis Joplin...I probably should have known this by now, but I guess I cut that day of 'Sublime Songs 101'.

*Back to vocabulary quickly, I learned that "factitious" means "lacking authenticity; a sham". I only throw that in here cuz the definition is kinda counterintuitive (maybe it's not if you're an etymology major).

*I finally learned what "Cap and Trade" means...it's not confusing at all, but I never bothered to look it up. Thanks, Environ Law!

*I learned that China pollutes more than we do, but that we have more pollution per capita. On the other hand, in terms of pollution per unit of GDP, the U.S. is just chilling in the middle of the pack. U-S-A! (Btw, guess where I learned that?)

*I learned that both sides of the political aisle are framing the American Clean Energy & Security Act (ACES) as a "jobs bill." (Obama's words, but echoed by a Republican congressman.)

*I learned that Denis Clemente could probably beat me in HORSE (basketball, not poker, haha).

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