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.
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:
Heads up: There is so much to read in law school. And the case materials are not written in plain English. You will have to read some cases twice or even three times to get a clear picture of what’s really going on.
Then there are a myriad of 1L events to welcome us law-newbies – and overwhelm us further – on this exciting journey into the world of jurisprudence.
You have half-a-dozen student organization meetings to attend. Socialization follows.
Of the little time you have left for yourself, you’re given the choice to sleep or…
…go rock climbing, kayaking, run, hangout at the beach, and try out kiteboarding.
Today, spring was evident in the Boston area with plenty of sunshine and gorgeous weather. With the high well into the 80’s by afternoon, students all over campus headed outdoors to take advantage of the opportunity to soak in the sun. For the first time since the beginning of Fall semester, more people opted to wear shorts rather than scarves.
It’s the second week of the semester and, more importantly, the week of the first Bar Review. It is conveniently, if confusingly, named “Bar Review” so that it sounds like you may be spending your Thursday evening studying for the Bar. Thankfully, it is really a night that the BC Law community takes over a local bar.
Bar Review is the perfect time to take a break and talk to some of your friends about something other than class. Unlike school-sponsored events in college that may have been sparsely attended, Bar Review is very well attended at BC Law.
One night in the 1960’s, a Coast Guard sailor, whose ship was in port for repairs, came stumbling back to the vessel in, to use the words of the judge, “the condition for which seamen are famed.” His ship was in a dry-dock, a floating tub of water which is drained once the ship is inside so that repairs to the hull can be made. The sailor, buoyed by drink, tried his hand at the dry-dock control wheels, letting in water which eventually caused the boat and dry-dock to partially sink. The dry-dock owners sued the government for the money damages the sailor’s actions caused, and the government eventually had to foot the bill. Continue reading
Note: I’m pleased to host a guest blog today from Ed Hanley, Class of 1986. Ed is tax director of a regional accounting firm in San Francisco. He started being involved as an alumnus in 1989 when he joined the Alumni Board as the young alumni representative. When he moved to Washington DC, he joined with Carroll Dubuq (Class of 1962) to co-found the BC Law Club of Washington, DC. He is active in alumni events on the West Coast and recently rejoined the board of the Alumni Association, taking partial responsibility for reunions.
Ed and his partner Bill split their time between San Francisco and Popponesset Beach, Cape Cod.
Reunion Weekend is an excellent opportunity to catch up with old friends, take in the sights and sounds of a campus so similar and yet so very different from years ago, and to remember why BC Law is such a special place. This year’s Reunion brought up so many memories for me—and a few surprises, too.
When I accepted Boston College Law School’s offer of admission in 2014, I did not know exactly what to expect from my law school experience. It was the first time since third grade that I was going to show up to school on the first day without knowing a single person.
I woke up at 5 a.m. to drive down to Newton from New Hampshire on the morning of orientation. If I had left after 6 a.m., my dad assured me, I would not make it on time. Throughout the day I got to know the campus and sat through presentations by the Dean and other faculty. They called BC the “Disney World of law schools,” but said that we would also be challenged academically. They spoke of the Jesuit ideals of the quest for knowledge and care for the whole person, the importance of contributing to society and treating your classmates well. At the time, I was hoping what they were espousing would turn out to be true.
Hi everyone! It’s been a while since my last post because I and the admissions committee have been hard at work on a few projects (one soon to come – stay tuned!) including this one.
We know that getting to campus for a visit may be cost-prohibitive or otherwise impossible for some of our students outside of the Northeast, and in conjunction with the Office of Admissions, we’ve made it so that you can take a tour from the comfort of your own home! Watch the replay on You Tube:
As I introduced myself to classmates, professors and administrators during orientation and throughout the first few weeks of 1L year, many of them asked where I attended college, or why I chose BC Law. I told them that I went to Boston College, and had such a great experience that I thought it would have been crazy, if given the chance to come back to BC, to go to law school anywhere else. I couldn’t even picture it. Their response was, more times than not, “oh, so you’re a double eagle!”
I had heard the phrase “double eagle” tossed around in college from time to time. For those of you who haven’t, members of the BC community affectionately call people with two BC degrees (including diplomas from BC High) “double eagles.” Similarly, the more exclusive “triple eagle” title signifies three BC degrees.
Being from New York, and not knowing many BC alumni, the term “double eagle” never seemed like more than a catchphrase used in the community. But as I get closer to attaining my second degree, it has become much more than that for me.