There is a legal doctrine from tort law, delightfully called “frolic and detour.” Frolic and detour sets certain limits to when an employer can be held liable for an employee’s conduct. Imagine you’re a FedEx driver out on your route when you pull into a Dunkin’ Donuts parking lot to grab a coffee and you accidentally hit someone’s car. The coffee run was a reasonable bit of self-care, something most employers should expect their perennially sleep-deprived workers to do. And it was a quick and slight divergence from your work-prescribed route. So the odds are that the courts would see it as just a detour and FedEx will still be liable for the accident. But what if you take a break and head south out of Boston until you get to your favorite coffee shop in Panama City? In the eyes of the law, you’re on a frolic and FedEx is off the hook if you get into a fender bender on your way through Mexico.
Part of why I decided to come to law school was to engage in deep, complex, and nuanced discussions about the law and current events. During college I was able to take courses that challenged and engaged these questions and provoked discussion on campus outside the classroom too. The 1L curriculum doesn’t have the same freedom of course selection as an undergraduate one. We select one elective class in the spring semester, but in the fall, our course schedule is entirely up to the Law School and long-standing professional norms. That isn’t a bad thing—undoubtedly, these doctrinal classes will make us better lawyers and teach us about the law. BC Law also has excellent, engaging, and caring 1L professors. But I imagine everyone else who goes to law school, just as I do, has a desire to discuss many legal interests that extend beyond the scope of 1L courses. Simply based on how often law is in the news, we obviously have questions about topics that will not be covered in class.
Fortunately, BC Law’s administration and student organizations help fill the gap.
BC Law professor Mike Cassidy shared the note below that he received from a student. “I ask students in Evidence to inform me in advance if they need to miss a class,” Professor Cassidy wrote. “I do this so that I can keep an eye on students who may be experiencing problems or simply falling behind. I received this email on Wednesday evening October 30, 2018. It was one of the most compelling and engaging excuses for missing class that I have received in 22 years of teaching.
“I sincerely hope that Ben becomes a litigator after graduation. He clearly has the skills of an advocate.”
We at Impact thought it was a shame that such an eloquently written plea wasn’t shared with the world–and so, with Professor Cassidy’s and Ben’s permission, we are posting it here:
I’m pleased to host a guest blog from 3L Jenny Moore, one of the winners of last year’s Grimes Moot Court Competition, describing her experience in the competition and on a moot court team.
Around BC Law, the dawn of Spring means the annual Grimes Moot Court Competition is reaching its conclusion: two teams vying to be champion in front of three distinguished judges. Grimes is BC Law’s internal moot court competition. Pairs of 2Ls spend a month writing a brief on a hypothetical appellate dispute, and over a month facing off once a week at oral arguments. Last year, my partner, Brooke Hartley, and I took it all home.
Participating in Grimes was one of my favorite parts of law school. Preparing for argument and arguing in front of the judges was unlike anything I had ever done before. I had always enjoyed public speaking but never felt the nerves beforehand until Grimes. Each week I was incredibly nervous right before my argument, but as soon as I got going and received questions from the judges, my nerves would turn into straight adrenaline. I enjoyed the challenge of being on my toes and trying to answer difficult questions in the most effective way possible to win the argument.
Brooke and I were pretty surprised each week when we would advance, and it was always exciting to see how the next round of judges would put us to the test. The day of the finals was one of the most nerve-wracking days of my life, but it will always be a special memory that we got to argue in front of such a distinguished panel, especially Merrick Garland.
I am pleased to host a guest post from co-presidents of the Boston College Law School Women’s Law Center, Liz Dwyer and Stacey Kourtis.
The Women’s Law Center aims to impact both its student members and the entire BC Law community by providing networking opportunities with women in the legal community, maintaining strong ties with women alumni for mentorship, and by providing a forum for discussion about women’s issues at BC Law and beyond. For us, the WLC has served as a supportive and engaging group here at BC Law. We’re proud to be members of the Women’s Law Center where we have both had the opportunity to meet wonderful women at BC Law, alumnae, and faculty.
Every year, the Women’s Law Center at BC Law chooses one alumna who has demonstrated an exceptional commitment to advancing an area of the legal profession and recognizes her as the WLC’s Woman of the Year. This year, the Women’s Law Center nomination committee chose to present the 10th Annual Woman of the Year Award to Josephine McNeil ’87.
We live in an age in which it seems increasingly difficult for people to agree. From topics like politics and morality, to food and movies, there seems to be constant debating over what is good and right in this world.
So how do we address this growing polarization? How do we respond in everyday interactions with people who have various viewpoints? Those of us in the Christian Legal Society (CLS) at BC Law have been grappling with these questions, and wondering how we can be better classmates, colleagues, and neighbors in the midst of our country’s chaos. We want to learn how to embody a Christianity that is genuine and true to scripture, and distinct from the one that is so often portrayed in the media. We also wanted to invite others on the BC Law campus to explore these questions with us.
So, to learn more and dig deeper, CLS decided to host a discussion entitled “How to Disagree Well in an Age of Ideological Chaos,” which took place on March 27. We invited Kasey Leander and Matthew Mittelberg, two Fellows from Ravi Zacharias International Ministries to come and share their insights. Having studied at the Oxford Centre for Christian Apologetics, the primary focus of Kasey and Matthew’s work is to engage in conversations about faith and help others understand God in light of today’s moral, philosophical, and cultural issues.
A few weeks ago, Boston College executed their second annual innovative program aimed at providing first- and second-year law students the opportunity to gain unique in-house counsel experience at a variety of companies. The business in-house opportunities “Business Interview Days” (BIDz) event successfully culminated in over 100 interviews taking place for over 60 students at employers, including State Street Global Advisors, Cabot Corporation, Brooks Automation, athenahealth, Foundation Medicine, Draper Lab, Albany Molecular Research Inc. (AMRI), HubSpot, Southern New Hampshire University (OGC), Converse/NIKE, TripAdvisor, and Dunkin‘ Brands. The event was preceded by an overview discussion about in-house work by Sidd Pattanayak, the Assistant General Counsel at TripAdvisor, in addition to mock interviews at the Career Services office for any students who wanted some tailored practice before actually having to put their skills to the test.
Thank you to everyone who came out and thanked a mentor on our #BCLawImpact day!
After I wrote about the failures of the War on Drugs for BC Law Magazine last semester I waited anxiously for the backlash. I spent ten years in the U.S. Coast Guard before law school, six of them chasing international drug cartels at sea, and I had the opportunity to work with some of the most professional and dedicated military and law enforcement personnel in the world. I was terrified about how they’d respond when I called the drug war a “lost cause,” and it took less than a day for the responses to start flooding my inbox. The volume wasn’t surprising, but the content shocked me.
Recently, it dawned on me that as a 3L, I only have one more year to enjoy what law school has to offer. Sometimes, I’m so eager to start my career that I forget to stop and appreciate the unique opportunities that I have as a law student, which may not be available anymore when I leave BC Law and start a full-time job.
One of these opportunities happened last week right on our campus. On Thursday and Friday, BC Law had the honor of hosting the Advisory Committee on Evidence Rules (thanks to Professor Coquillette, who is the Reporter to the Committee on Rules of Practice and Procedure for the Judicial Conference). The Committee, made up of federal judges and practicing attorneys, including members of the Department of Justice, is charged with making recommendations to the Judicial Conference on the Federal Rules of Evidence.