• Undeniable Recap of 2010

    2010 was an eventful year for me.  As I was driving from Phoenix to my parents’ place in Sonoma, CA, I started reflecting on the highlights of the year.

    1. My Sister’s Wedding. This was hands-down the best day of the year.  I consider myself to be my sister’s little sister and her big brother so watching her get married to such a wonderful man was a very big deal.  I watched Morena marry the love of her life, Rick,  in a wedding that the two of them designed with hand-selected music and readings.  My sister, who is also a law student (super smart, editor of her law review), was stunning.  It was wonderful to meet her in-laws (who are awesome!) and reconnect with friends.  It was everything a wedding is supposed to be.
    2. Sponsor A Law Kid. I am often a person who has creative ideas but who is too afraid to put them into action.  I have to thank Kade Dworkin and Meet My Followers to inspiring this idea and the social media community for encouraging me in this endeavor.  When I posted the first #SALK blog, I thought, “I’m either a genius or crazy.”  I also thought about the advice I received from Sam Glover who said to think about the worst thing that could happen.  For #SALK, the worst thing that could happen was nothing.  To date, #SALK has sold 28 days and funded over $1000 of next semester’s education.

      Photo by Jeff Moriarty
    3. Jester’Z Improv Acting Class. I am a person who thrives in structure.  Most of my flashmobs and pranks are fairly planned out in advance.  This class put my classmates and I had no idea what was going to happen on stage or what scenario we would be asked to play out.  Taking this acting class pushed me think faster on my feet and to enjoy the simplicity of play.  It also gave me a reprieve from reality for three hours every week.  My friend, Jeff Moriarty, shot a snippet of my final showcase.  Per the audience’s suggestion, my classmate Linzi and I were supposed to be “pumped lawyers.”  Most of the audience did not know that I was in law school.  I love how happy I look in this video.
    4. Rock n Roll Half Marathon. I ran my first half marathon in 2010.  It was 2 hours and 9 minutes of masochistic fun.  It was hard, but I’m glad I did it, and I’m doing it again next year.
    5. Finding My Legal Niche. I solidified my decision to specialize in intellectual property and internet law this last year.  I’ve enjoyed so many of my classes in this area: Intellectual Property, Cyberspace Law, High Tech Licensing, Copyright, Trademark Law, and Privacy.  I’m looking forward to working with entrepreneurs through ASU’s Innovation Advancement Program next semester.

    I had many firsts in 2010:

    • First internship at a big law firm
    • First internship with an in-house legal department
    • First half marathon
    • First trip to Ohio
    • First California roll (eww)
    • First guest appearance on a podcast
    • First painted toenails
    • First paintball game
    • First talk on a legal topic at a conference
    • First trip to the Firefly Room in the Phoenix Art Museum

    I am excited for what’s to come in 2011.

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  • Reflections on Police Authority & Public Pranks

    Disclaimer: I am not a lawyer. I am a law student. In accordance with ABA policy, this blog should not be viewed as legal advice. It is simply my experiences, opinions, and stuff I looked up on the internet.

    I took Criminal Procedure this semester to learn more about the legal implications of participating and planning flash mobs and pranks.  While I was studying for my exam, I started to reflect back on Improv AZ’s encounter with mall security and the police last spring and if we should have done anything differently.

    The stunt was simple – we had four agents wearing t-shirts that said “Coroner” across the front and back walk through a local mall carrying a stuffed fake body bag.  The purpose was to see the reactions on people’s faces as they contemplated if what they were seeing was real or a joke.  We were stopped and detained by security who called the local police.  The police spoke with us briefly, mostly struggling to understand guerilla theatre, and released us without citation.  Looking back, I think we could have done things differently.

    When a police officer suspects that a person has committed or is about to commit a crime, they can conduct a Terry stop to briefly stop the person to ask what they are doing.  They can also ask for identification.  If they suspect that the person is armed and dangerous, the police can protect themselves by frisking them for weapons.   If the police find no evidence to create a reasonable suspicion that a crime has occurred or is about to occur, they can’t detain the person any longer.

    Mall Cop
    Image by Mike_fj40 via Flickr

    Mall security, however, are just people.  They have a job to protect the interests of mall merchants and the safety of other mall patrons.  It’s reasonable for them to confront suspicious behavior, but they have no more authority than Joe Blow Average.  I remember from Torts class that when shoplifting has occurred, they can detain the shoplifter for a reasonable time until the police arrive.  That’s a situation where the police know that a crime has occurred.  I think there’s an argument that they don’t have this ability when they concerns about suspicious behavior.

    In some states mall security have government authority, but this is the exception, not the rule.  If they detain someone under the authority of their position without evidence of a crime, there’s an argument that they are impersonating a public servant or peace officer or committing unlawful imprisonment.  I think if we are stopped by mall security during a prank again, we will know that they can ask us questions within the scope of their employment, they can escort us off the private property, but without more than mere suspicion or dislike of our prank, we can probably keep walking if they try to detain us.  We also do not have to show them identification.  They can request it, but there’s no legal reason why we have to comply.

    We have only been questioned by police once in the two years that Improv AZ has been in existence.  We are very thoughtful about planning our pranks to be fun and lighthearted.  The last thing we want to do is take the police away from fighting actual crime.  However, if we are stopped by police again, we have to provide them identification – especially with the police being hyper-sensitive to illegal immigration.  The police can Terry stop us and ask what we are doing.  If the stop becomes a lengthy conversation, we can ask, “Am I free to go?” and if the police respond negatively, we can ask, “In what is this pursuant to?” and see if they can provide a valid reason for our continued detention.  If we have purses or bags, the police can ask to search them, but without at least reasonable suspicion of a crime, we can respectfully decline their request.

    I don’t want to give the impression that I am anti-police.  On the contrary, I support the police preventing and fighting crime.  I also support people exerting their Fourth Amendment rights.  It’s very rare for the police to be summoned to the scene of a flash mob for legal or safety reasons, and it’s important when that happens, that participants know what rights they do and do not have.

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  • Sponsor A Law Kid

    I’ve always called myself a “law kid.” I think it’s a sign that I knew from the start that I wasn’t a traditional law student and that I didn’t want to be a typical lawyer. As I look to the future, I know I don’t want a job that keeps me trapped in an office all day. I want to be a lawyer who is also a lecturer, writer, and podcaster.

    One of my priorities in law school, regardless of how busy I am, is to stay involved in my community. I’m pleased and proud that I’ve been able to volunteer with Ignite Phoenix and Improv AZ, attend #evfn, and find time and forums for singing. I hope these activities will contribute to a happy and successful career after law school.

    I will graduate from Arizona State University in May 2011, and I will take the Bar Exam in July. My goal is to be “the lawyer to the geeks” and specialize in internet law and intellectual property. I also hope I can do something to prevent cyberharassment through public speaking. I experienced cyberharassment as an adult and it was awful. I can’t image how hard it must be for a child to go through that.

    When I applied to law school, the average debt for a student graduating from my program was ~$50,000. Today, the average debt is over $89,000! That’s insane!  How did my education get $40,000 more expensive?!  I have one semester left, plus studying for and taking the Bar.  I’m reaching out to the online community to help me pay for it.

    The Program
    Sponsor A Law Kid gives anyone who wants to the opportunity to sponsor my legal education for a day. It will run from January 1, 2011 until July 27, 2011 – the last day of the Arizona Bar Exam. Each day can have one sponsor.
    I will also be tweeting every day about the life of a law student, so anyone who follows me can vicariously go to law school for a semester.

    The Price
    I am using the same price structure as Jason Sadler of I Wear Your Shirt.  The cost to sponsor January 1st is only $1, and the price for each subsequent day goes up by $1 (Jan. 2nd = $2, Jan. 3rd = $3, Jul. 27th = $208).

    Why Sponsor A Law Kid?
    Why should anyone give up a couple bucks, or a couple hundred bucks, to help pay for my education? In exchange for your sponsorship, for each day that I’m sponsored, I’ll publish a blog that tells the world how awesome you, your organization, and/or your products are. Also, it will give you a warm fuzzy feeling knowing that you’re part of something awesome.

    I can’t promise you that I’ll keep you out of jail once I’m a lawyer to give free legal advice – that would violate the code of ethics. However, when I make it on the legal lecture circuit, and I have to decide where I’m speaking next, it will be hard for me to decline an invitation from one of my law school sponsors.

    How Do I Sponsor A Day?
    Please contact me at SponsorALawKid@gmail.com to claim the day you want to sponsor.  You can pick your date based on price, or might want to pick a day because it’s a special day for you or me.  I will be running a half marathon on January 16th ($16), and my graduation day is expected to be May 12th or 13th ($132 or $133).  Pi Day is March 14th ($73) and Star Wars Day is May 4th ($124).

    What Else Can I Do?
    Spread the word! Send this to everyone who might be interested in sponsoring a law kid or following a sponsored law kid. I’ll be using the hashtag #SALK to tweet about my law school exploits.   Please follow me on Twitter and I hope to have a Facebook cause for this up soon.

    The Sponsor A Law Kid Facebook page can be found here.

    The most recent update about Sponsor A Law Kid can be found here.

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