Posted by T. Greg Doucette on May 28, 2015 in The After-3L Life
One of the other factors in my lengthy hiatus was seasonal: the annual ritual of trial advocacy competitions!
Some of you might remember back in February of last year I penned this bittersweet entry celebrating the accomplishments of some students I coached in the TYLA National Trial Competition, but sharing my disappointment that my talents were being used to benefit UNCCH Law rather than my own alma mater.
Well this year was… interesting.
The folks at UNCCH Law plan ahead, and had contacted me at the beginning of last August to ask if I’d come back for the 2015 competition. And me, being the naïve person I am, told them to give me some time so I could check with NCCU Law — just in case the whole “us kicking NCCU’s rears” would prompt them to let me come home.
(cue the “LOL!”s)
I hit up my old coach to ask for his advice. We met over lunch to talk that week, and he told me to hold off with the acceptance; he was going to step down as coach, and wanted to recommend me as his replacement. All I’d need to do is contact the advisor for the Trial Advocacy Board and let her know.
So I do. And get her voicemail.
A week goes by without a response. I call again. Voicemail.
A few more days go by, and I stop by the school in person. She’s teaching a class so I leave a note.
Another week goes by without a response.
It was around the third week in August when I learn that Prof CrimLaw had now been made the new Dean of our clinical programs (which also has responsibility for our competition teams), so I reached out to him. He suggested I contact a different professor who is now in charge of overseeing competition programs for everybody across both the Trial Advocacy Board and the Moot Court Board — and that, whatever she says, not to feel any shame or regret for working for a different law school. “That’s what we do as lawyers.”
So I call the other professor. She actually answers the phone ( ) and asks me to give her until that Friday. Then actually calls me back when she said she would!
Just to tell me that the first professor told her my old coach was coming back for another year…
(cue the “#dafuq?”s)
Now this call to me happened around 3pm-ish. Keep that in mind.
I email UNCCH my acceptance that afternoon and resign myself to going another year without helping my own alma mater.
The following Monday I text my old coach and say “Guess I’ll be seeing y’all in Charleston” — and almost immediately get a text back, even though it’s during work hours and he’s rarely that quick with a response. “Call me after lunch.”
We connect later that afternoon, and he’s just as confused as I am. Turns out no one from NCCU Law had contacted him until after they had told me he was coming back. But he hadn’t changed his mind: he still wasn’t coming back, so he asked if I still wanted to coach NCCU (duh). I’d already emailed my acceptance to UNCCH though and couldn’t break my commitment to them.
(cue the sad trombones)
Well fast forward to the end of January. I survive the car drama and make it down to Charleston. Both TYLA teams do admirably well under the circumstances but neither advance. I drive back feeling like I failed.
Then about two weeks later I get a call from NCCU.
Turns out the AAJ coaches had quit unexpectedly, and no one seemed to notice until a month after the problem packet had been released. The second professor asked if I’d be willing to step in (duh again). Given the short timing I bring in EIC as a co-coach, we get started about a month after everyone else…
NCCU Law’s 2015 AAJ trial team. From left: me, Petal Munroe, Shelvia Dancy, Joshua Palmer, Jaimee Bullock, and EIC
…and make it to the Regional Finals for the first time since 1998.
(cue the victory trumpets)
At various points during the month of February, EIC and I both had our doubts. Really right up until competition (the last practice did not go well at all).
But then when the first round happened, she and I were both totally blown away. So much so that we both did a look at each other like “Where did this come from??”
And then did it again in the 2nd round. And again in the 3rd. And again in the semifinals. When it was all said and done, a new plaque was getting added to the trophy case at the law school.
There’s a lot getting glossed over here simply because this entry is pushing 1,000 words and I realize many of you won’t actually read that far. But trust me when I say it was a busy-but-interesting Spring semester
So after two years of coaching, of two law schools, in two different competitions, I’ve had the privilege of helping a batch of proto-lawyers make the regional finals both years. I’m going to count that as a 100% success rate.
Now we’ll just see if NCCU Law finally lets me come back for 2016…
Good night y’all!
From the law:/dev/null competition-related archives:
Posted by T. Greg Doucette on Feb 10, 2014 in NotFail
mer•ce•nar•y (pl. mercenaries) – noun. a professional soldier hired to serve in a foreign army.
Today’s my first day “back in the real world” after spending the past weekend at the annual TYLA NTC Regionals. And where I coached my very first TYLA trial team, comprised of two 2Ls and a 3L.
A team that ended the competition as finalists
In turn making them the best trial team in both North Carolina and South Carolina. Not to mention going further in that competition than I ever made it myself.
From… the University of North Carolina at Chapel Hill.
That’s not a typo. It’s the same institution I’ve ridiculed on this very website as The University of Non-Compliance at Cheater Haven. The one whose students meme’d me in my NC State hat. The one with its very own “#gthc” tag here at law:/dev/null.
And I was their coach
So how did a guy with an eagle carving on his dining room table plus another on a bookshelf and a third on my bedroom wall — alongside a wolf painting, a wolf carving, even the comforter on my bed — end up in the finals of my favorite mock trial competition helping the one institution that happens to be a rival of both my undergrad and professional school alma maters?
My team, from L to R: Jonathan Williams ’15 (Defense), Michelle Markham ’14 (Swing), Dave Fitzgerald ’15 (Plaintiff), Eli Sevcik-Timberg ’14 (Student Coach)
Well first we had an amazing team. I was a little nervous at the start because only one student was a 3L; the other two were 2Ls who’d never competed in anything before, and the 3L student coach assigned to work with me had experience but not in TYLA.
I also got the impression at a few points in practice that our goal was just to not embarrass ourselves — I don’t think anyone (admittedly, myself included) thought we had any shot at going anywhere.
But let me tell you: when it counted, they competed. All three of them turned in solid performances to nab the #6 seed after the first three rounds, setting up a semifinal match against the University of South Carolina for Sunday morning. They promptly slaughtered USC and pushed us on to the finals.
“But TDot! But TDot!” I hear you saying, “WHY were you working for them?”
Aaanndd… that’s where the title for the blog post comes in.
Last winter my 2L/3L TYLA coach and I had talked about the future of NCCU Law‘s team and whether there’d be a spot for me anywhere as an assistant coach. Nothing ever happened with it, so in the Spring I volunteered to be one of the guest judges for the TYLA Regionals when they were hosted by Campbell Law down in Raleigh.
For my round I watched an absolutely superb performance by a team from WFU Law — a team that ended up getting functionally disqualified when a meritless protest was filed over WFU’s cross-examination of the other side’s expert, and the “protest committee” voted to give them -0- points for the cross. I felt bad for them. And I also decided that I hated the idea of “just” being a judge if our ballots could be summarily disregarded by a 5-member committee of other competing coaches.
Fast forward to early October. The Monday before the 2L/3L trial team tryouts to be exact. I still stop by the NCCU Law building on a fairly regular basis, so during one of those trips while I’m down in our clinic area I make some inquiries about the process to become a trial team coach.
Now in retrospect I don’t know what response I expected. I figured, at the very least, it would be something along the lines of “All the coach spots are filled for every team at the moment, but when something opens up we’ll let you know.” Instead the response I got was as clear as it was unambiguous: “Coaches have to have 5 years of practice experience. That’s the rule.”
I was a smidge annoyed. But rules are rules, right?
So a couple days later, when I’m down in Wake County for a traffic case, I talked with one of my 2L AAJ trial coaches (a District Court Judge down there) about how he got involved. Apparently someone just called and asked him to do it. But he went on to tell me no one even asked him to return as a coach my 3L year or the year after. That in turn led me to express my frustration over how I felt the law school treated our competitions as afterthoughts, and how I really wanted to run one of these teams to show what could be done.
Well even though he’s an NCCU Law alum, he’s also a dyed-in-the-wool Tar Heel as well. He had heard the UNCCH trial team advisor was out for the semester due to a medical issue and suggested I consider looking there.
I then texted a friend of mine from my NC State days who had just graduated from UNCCH Law the prior year. She confirmed the story on the advisor and said it would be “awesome if [I] potentially think about maybe” being their coach (after confessing surprise that I like trial team ). And if I wanted her to make a call the spot would be mine.
Unpaid, but a shot nonetheless.
Not quite ready to go calling in favors, I had lunch with my other 2L TYLA coach the next week to get his advice on basically squaring off against my own school. And he said to go for it. I’m paraphrasing here, but his argument was something along the lines of “Think about what it says for Central if you do well, what it says if your alma mater’s graduates do a better job at this than their own.”
Still not fully comfortable with the thought of switching sides, I sent a text message to my 2L/3L TYLA coach to get his thoughts since he was still in charge. When he saw me at the Alumni Association meeting that Saturday, he said to take the spot as well.
So I did.
I Facebook-messaged a UNCCH 2L I knew from UNCASG, who in turn put me in touch with the Trial Advocacy Board chairman over there, who in turn connected me with the TYLA squad and a 3L student coach to assist. And the rest, as the cliche goes, is history.
“But TDot! But TDot!” you interrupt again, “WHHYYY??”
Well… because my alma mater didn’t want me
Look, you’ll be hard pressed to find anyone who loves NCCU Law more than I do (or NC State for that matter). You’ll be equally hard pressed to find anyone who takes quite as much glee in disparaging UNC Chapel Hill as I do. The students on the NCCU teams that didn’t make it were real people, including two of my mentees
And I can’t even articulate for you in words how awkward it felt when I actually typed “#goheelsgoamerica” into my phone for a Facebook status.
But the fact is it didn’t make a d*mn lick of sense for me to sit on the sidelines getting rusty for another year waiting on my alma mater to let me help. And it most definitely didn’t make a d*mn lick of sense for me to do that for 4 more years until I’d reach some arbitrary quantum of real world experience.
UNCCH needed someone. They offered me that opportunity. The folks I met turned out to be really cool people. And, having made a commitment to them, I wasn’t going to let them down.
So I didn’t.
Now the only issue at this point is really what other folks’ decide will happen next year. Because now that I know the finals are attainable, I’m not going away until nationals…
From the law:/dev/null competition-related archives:
Posted by T. Greg Doucette on Apr 17, 2012 in Randomness
Forgot to mention this a couple days ago when I first found out: someone’s turned me into a UNCCH meme!
Even though I haven’t been keeping up with law:/dev/null like I should, I still stalk Facebook on a near-daily basis. So I logged in Saturday night when I got back from the law school, figuring I’d scan through my timeline to see what was going on in the world…
The image I saw at the top of my FB timeline on Saturday
…and at the top of the timeline saw a picture of myself staring back at me
One of the 1Ls here at NCCU Law went to UNC Chapel Hill for undergrad and saw the pic on the UNC Memes page that had cropped up on Facebook. The format is a blend of the Scumbag Steve meme paired with the traditional Advice Animals’ color wheel background.
At first I thought it was created by someone who didn’t like me from UNCASG, or maybe had an issue with my past trash-talking about UNCCH.
But I didn’t recognize any of the names at TheBlackFalcon.net (the folks behind the initial meme) and now it just looks like a random coincidence: after going through our server logs, someone Google’d “ncsu hat” a couple days ago and apparently we show up on the first page of the results — the photo is from this entry back during N.C. State’s Champs Sports Bowl appearance 2L year, where I bought my red NCSU hat to replace the old “traditional” black one I’ve had since late 1999.
Coincidence or not, I’m honored to be the face of the opposition for all you UNCCH lovers out there. Even the bandwagon Walmart fans who comprise the majority of the university’s support base
And to the folks at TheBlackFalcon.net: well played y’all, that made my weekend
Posted by T. Greg Doucette on Nov 5, 2011 in The 3L Life
Let me preface this entry by saying it really has been an excellent day — my NC State Wolfpack dominated (and shut out) the University of Non-Compliance at Cheater Haven on the gridiron today to extend our win streak to 5 consecutive years, I got to enjoy a dinner celebrating the 30th anniversary of NCCU Law’s Evening Program, and had an opportunity to catch up with friends before and after.
Everything you read after this paragraph is not indicative of how everything else turned out.
But d*mn the MPRE was rough!
I couldn’t come up with a humorous metaphor to throw out as a comparison, though I imagine a swift kick to the shins would be only marginally more painful.
The first mistake I made was not studying more sooner. There’s been so much going on at the law school academically and otherwise that I just never had time to study much of anything. I watched the 4-hour BarBri lecture video and filled out the corresponding outline, but that ended up being it. No review of the Model Rules. No reading of the review book I got. No multiple choice questions. Nada.
My figuring was that I’ve got a fairly well-developed sense of right and wrong and the rules would be common sense, so I could just wing it and still be OK…
…then I got to the first question on the test and was like “omgwut?”
Now there are a few questions that I know 110% for certain I got right. For example, I paid enough attention in ConLaw to know a state’s attempts to restrict law licenses to its residents only violates the Privileges & Immunities clause of the Fourteenth Amendment. There were others that truly did seem like common sense and I feel comfortable with my answers.
But things like the imputation of conflicts and the whole privileged-vs-merely-confidential stuff left me scratching my increasingly bald head.
I was sufficiently clueless that it only took me about an hour and 10 minutes to get through the thing, feeling totally awkward as I ended up being the very first person in the room to turn in the test and leave.
There’s a slim-but-nonzero possibility I won’t have to retake the test in March, but until then all I can do is cross my fingers and pray that I somehow managed to pass.
To any 1Ls/2Ls who happen to read this: don’t repeat my mistakes
Have a good night y’all!
Posted by T. Greg Doucette on Sep 23, 2011 in The 3L Life
So the whole “look for a whole bunch of posts around mid-week” thing didn’t quite pan out as planned (surprise! )
To be totally candid with y’all, I’ve waaaaaayyy overextended myself this semester — even moreso than my senior year at N.C. State — and trying to convert my thoughts into words (and proofread them) just takes a big chunk of time that I haven’t been able to set aside like I hoped.
That’s not a complaint; I actually like the insane pace and crushing workload because it prevents me getting bored. I just wanted to make sure you don’t feel like I’ve abandoned you
There’s been a lot going on over the past couple weeks that I can’t really elaborate on at length, so here’s a bulleted list with some quick thoughts:
- The class schedule I created is unquestionably the single dumbest decision I’ve made in a very, very long time Stacking up nearly all my classes on T/H means I get almost nothing done on those days, then I also fall for the illusory appearance of an empty M/W/F by scheduling meetings and other events when I should be reading for class instead. And there is -0- redeeming value to having Sales at 6pm-7:15pm beyond Prof Sales being highly recommended by the students who came before me.
- I was reminded by a friend from undergrad that I actually tried a similar T/H-stacked schedule setup my freshman year at N.C. State, with disastrous results…
- Class performance is all over the map. I’m more-or-less on track in AppAd and ConLaw II, on track but confused in Tax, behind but not confused in Employment Discrimination, not sure where I’m at in Criminal Prosecution Clinic, and completely and totally lost in Sales & Secured Transactions. We don’t get Fall Break this year so I’m not sure when I’ll be able to turn everything around, but I’m hoping now that we’re through appropriations season in SBA I’ll be able to catch up.
- I feel particularly sheepish about Sales, because Prof Sales has stopped me on at least 3 separate occasions and warned me not to let my extracurricular activities interfere with my academic work… and that’s exactly what’s happened despite my assurances to him that it wouldn’t
- Speaking of SBA appropriations, we went from 2pm-midnight last Friday — 5 hours for presentations, 5 for deliberations — and barely finished voting on 9 of 21 groups. Then spent another 7 hours last Sunday before getting through the rest. I’m not sure what other changes SBAs can make to expedite this in the future, but one thing that needs to be done is mirroring NCSU where group presentations happen in the week before the vote instead of a marathon Friday+Sunday session. This year’s challenge was a -40% cut in the funds available for appropriations, from $115,039.83 down to $68,976.22, and unfortunately SBA isn’t likely to get that money back any time soon.
- On a related note just to vent a bit, just one time I’d really like to preside over a group that has its budget go up while I’m in office. The Student Senate’s first funding increase in a decade kicked in the year after my graduation, my tenure as UNCASG President coincided with the economic meltdown and an ensuing freeze on spending by state agencies, last year as Treasurer we discovered SBA was missing nearly $17K compared to what our predecessors said we had (just before main campus gutted the budget further in January), and my back-of-a-napkin estimate this past weekend suggests I’m currently presiding over the lowest amount of funding the SBA has had since George H.W. Bush was President… and most of our students were too young for elementary school
♫ One of these things is not like the others... ♫
While we’re talking about SBA, apparently I’m the oddball of the group As some background, I’m a huge fan of personality assessments to help people learn more about themselves and offer clues on how they can better interact with their colleagues; self-awareness is one of the most-versatile weapons a person will ever have in their arsenal as they go through life. So I took some personal time and went through a trio of them myself then asked the SBA to try one we were given during my senior design project in undergrad. I’ve posted the results on the top of the picture at the right (the bottom part contains my 5 “Themes” from StrengthsQuest). I can’t help but feel like I’m on Sesame Street…
- Oddball status notwithstanding, we make a good team. The dynamic is vastly different from last year but generally we all play to each other’s strengths. Earlier this week I was actually called “the Lil’ Jon of SBA” in light of my hype-man role… which actually suits me just fine
- Did I mention that last Friday was the first day of near-winter weather we’ve had this season? And, in true North Carolina fashion, rather than give us any semblance of Fall the temperature simply dropped from lower-80s to upper-50s overnight
- And I hate Fall and Winter btw…
- On the other hand, I absolutely adore my dog! He’s still incredibly well-behaved, hasn’t soiled the apartment at all, deals with me being in class from 8:30am to 7:15pm three nights a week, and is generally just all around awesome. He has his dog quirks — scent hounds don’t particularly care if the temperature’s dropped from lower-80s to upper-50s overnight — but I’ll happily deal with it in exchange for having a happy and loving dog greet me every time I walk into the apartment
- Switching gears over to the “real world” for a bit, way back in the halcyon days of 2004 I got myself fired from the Wake County Clerk of Superior Court’s Office after writing and signing this letter that got published in the Raleigh News & Observer (on the first day of the NCGOP’s state convention to boot). So imagine my (non-)surprise when the now-Republican-controlled North Carolina General Assembly approved a referendum seeking to amend the state constitution to ban gay marriage, an utterly bizarre proposal that was generating unintended consequences before it was even adopted. Even though I’ve mentioned my own reservations about gay marriage, there’s simply nothing conservative at all about this Amendment One business and the government effectively decreeing to churches what will and will not constitute a valid marriage between consenting adults. It’s particularly galling given its timing alongside the repeal of DADT: the self-proclaimed “most military-friendly state in America” is essentially saying it’s perfectly acceptable for homosexuals to die abroad defending our freedoms, just make sure you don’t bother coming back and trying to claim the same government-bestowed privileges conferred upon the other folks who are married…
- The most-irksome aspect of Amendment One, from this ConLaw-loving law student’s standpoint, is the timing of the vote: you’re essentially taking a duly ratified constitution adopted by an overwhelming majority of voters in a general election, and which includes among its provisions guarantees of religious freedom and equal protection, and seeking to have those clauses invalidated through an amendment in a primary election when the politicians know turnout is always less. Never in the history of this country has a primary for a presidential election year had higher turnout than the ensuing general election. The politicians not only knew that when debating when to schedule Amendment One, they intentionally planned it that way. Absolutely outrageous. This facet alone has prompted me to join NCCU Law‘s chapter of OutLaw and start encouraging friends and colleagues to vote “NO” next May.
- On the Student Government side of things, UNCASG has returned to its habit of epic fail-ness less than 2 years after my term as President ended. It’s not really my place to opine on that failure since I’ve already had my time in the spotlight and put my successors in as good a position as any successors have ever been in the group’s 39-year history. But if any of the delegates still happen to read law:/dev/null I’ll tell you this: screwing around with the organization’s structure isn’t going to fix anything if you don’t have the cajones to hold the leadership accountable. The N.C. State Technician was kind enough to publish a forum letter I wrote to them on the point. I just hope someone actually listens.
- We’ll see if the Technician’s counterparts at the UNCCH Daily Tar Heel follow suit, as their oft-ridiculed Editorial Board continued its habit of plucking fabricated figures from the ether to attack UNCASG. One of their latest editorials inexplicably claims UNCASG spent $50,000 for our NC in DC advocacy trip back in 2009, even though the actual figure was an order-of-magnitude less: $4,750, spent for a bus so that the four-dozen participants (who paid 100% of the remaining costs out-of-pocket) didn’t have to take a dozen or more cars and the attendant gas and parking reimbursements that would have had to go with them. I truly have no earthly clue how the DTH Edit Board picked this random total when I sent them a spreadsheet at the end of FY09 listing out every single expense UNCASG made, down to the penny. It’s one thing to embrace nixing UNCASG’s ability to advocate federally during an election year — something I’d wholeheartedly embrace on pragmatic grounds alone — but simply inventing whatever data you want to support your arguments reeks of journalistic impropriety.
- Over in the blawgosphere, I’ve gone through our entire blogroll surveying the law school blog landscape and it’s not pretty: more than two-dozen blawgs shut down permanently or otherwise moved to triple-tilde status (see my Blawgpocalypse 1.0 entry on how I handle categorizing blawgs), roughly a dozen more moved to double-tilde status, and only a collective handful of new and/or newly updated blawgs to replace them. Of the 183 blawgs on the law:/dev/null blogroll, 72 are defunct — that’s ~39%, compared to ~15% at this point just under a year ago.
- But on the bright side, law:/dev/null finally hit the 1,000,000-pageview milestone way back on September 6th I know it’s a small thing, and it’s a testament to how crazy life has been that I haven’t even been able to put together a Site Stats entry to analyze it yet, but in light of blawgs wilting like roses in a heat wave I’m incredibly privileged to still have y’all dropping in to see what’s going on in my law school life Thank you!
If you couldn’t tell from the length of this list, there’s been a lot of stuff I’ve wanted to write about! But I’m gonna wrap it up here so I’ve hopefully got some spare thoughts to pen in the near-term future
Have a great night and an amazing weekend y’all!
Posted by T. Greg Doucette on Nov 27, 2010 in Weekend Roundup
I disappeared again, sorry!
Out of the 144 weeks from the time Orientation started until I get my J.D. in May 2012, something about the 2-day class week before Thanksgiving triggers a feeling of “omgwtfshootmeplzkthxu”.
Out of curiosity I checked the law:/dev/null archives for this same time last year, and sure enough there was this entry on panic setting in before finals. I’ve got the same feeling a year later, so blogging took a back seat for the week.
But, today was game day again — which means I got absolutely nothing productive accomplished and could properly get things updated here. Plus it gave me an excuse to tag an entry for the Weekend Roundup category for the first time since Week 8
Here’s a week-in-review look back at what’s happened in my life over the past 7 days:
- As I hinted before my disappearance, last Saturday was spent with 雅雅 as we watched the N.C. State Wolfpack stage an amazing comeback to defeat the Baby Blue Powder Puffs of the University of Non-Compliance at Cheater Haven — for the 4th time in 4 years We ended up winning by a score of 29-25, which included one of the most improbable touchdown catches I’ve ever seen in college football; check around the 2:13 mark of this NCSU-UNX highlight videofor the whole play. After the requisite celebrating and trash-talking, we headed out to go see Harry Potter VII Part I… and I was generally unimpressed. No hate mail please
My SBA colleague after her team lost last week
- Got to spend Sunday afternoon picking out a Wolfpack shirt for the SBA secretary, who happens to (1) be a UNCCH graduate and (2) have an affinity for making outlandish bets on losing sports teams The rest of the day was used to revise my brief in opposition to the State’s motion in limine for DV Law, then frantically figuring out what on Earth I was going to say during oral arguments.
- Monday was compartmentalized into three distinct phases. Oral arguments took place Monday morning and turned out fairly well, even though I didn’t get to use several of the pre-packaged zingers I had prepared just in case The afternoon was spent being annoyed about this UNCASG news piece in the Daily Tar Heel — and for once it wasn’t because of what the DTH printed. Bear in mind there is nothing at all whatsoever in any of ASG’s governing documents that dictates what amount (if any) officers have to be paid, yet these people are amending its Constitution and eliminating a constitutionally-mandated financial oversight position, purportedly to save money they’re not required to pay in the first place. “We mismanaged our budget, so let’s eliminate one of the key people responsible for making sure we don’t mismanage our budget” is the unspoken message being sent to the UNC Board of Governors and the other political players in North Carolina. Then Monday night was right here in front of the laptop banging away at my last Legal Letters assignment of the semester until the wee hours of the morning.
- Tuesday was my very last Legal Letters class ever, which called for celebration. Even though the professor was cool the material was just mind-numbingly bland and no amount of caffeine / cash / illegal narcotics could keep someone awake in it I also had an interview with the tech company I mentioned last week, which I think went well but honestly I’m not sure; I’m supposed to get a call this coming week with a thumbs up or thumbs down. The prospect of getting the job has me insanely nervous because everything I’ve done up until this point has either been trivially easy or difficult-but-practically-a-hobby. This would be a combination of being totally new, probably difficult, and sufficiently not-a-hobby that I’d be fired if I screw up. Which I don’t think I will, but you get the point. I’ve always been a high-risk/high-reward type of person, but I still get butterflies in my stomach in the process…
- In anticipation of Thanksgiving, I used Wednesday to finally clean my apartment thoroughly for the first time since the semester started getting crazy. Washed all my clothes, cleaned up the wasteland that was quickly becoming my kitchen, and so on. Stocked up on food for the holiday, donated $$ I didn’t have to the Durham Rescue Mission to help those who aren’t as lucky as I am, then went home, put all the food away… and ended up falling asleep in the recliner watching TV
- Thursday of course was Thanksgiving. It was only me this year, but I was blessed to have a handful of folks offer up their own meals if I wanted them — I declined though, because I wanted to experiment with cooking my very first turkey without potentially killing anyone It turned out well for a first attempt so I was happy. Followed that up with the obligatory mashed potatoes and gravy, some steamed broccoli and cheese, and a few rolls. The only downside is that I will be eating turkey-related leftovers for weeks In between cooking and eating, also spent about 8 (non-contiguous) hours sending personalized text messages to folks wishing them a happy Thanksgiving. Maybe a little crazy, but cheaper than sending a bunch of holiday greeting cards no one reads…
- And then yesterday was pretty much spent banging my head against the desk in the hope that something useful would fall out for this Evidence memo due on Monday. It’s ostensibly optional extra credit, but when (1) you’re graded on a curve and (2) a majority of your classmates are going to turn something in, “optional” isn’t really optional I’m in the position of defense counsel in a criminal case (sound familiar?) trying to block the State’s effort to get evidence introduced under FRE 404(b) about prior bad acts allegedly committed by my client. The only problem is that pretty much every case I’ve found that holds any weight for this particular factual scenario says the evidence needs to come in, and the more exotic theories I’ve come up with are even more thoroughly refuted I’m going to come up with something, but doggone it I hate making losing arguments…
NC State got Ron Cherry'd on UMD's 4th and 1
Which brings us to today. My Wolfpack disgraced themselves in College Park, Maryland, losing to the Terrapins by 31-38. We actually played far worse than the box score indicates, scoring 14 points in the first 9 minutes and 14 points in the last 4 minutes — making only a 3-point field goal during the 47 minutes in between. NC State got screwed when Maryland was given a first down they didn’t earn on 4th and 1 with under a minute left (see the photo), but the truth is we played so horribly that we pretty much deserved to lose anyway.
I’m not in a position to complain since I predicted we’d end the season at 7-5 and we’re actually 8-4, so I’m just gonna be happy with our bowl game and look forward to next season
The rest of this evening has been spent trading critiques with EIC about our various papers due tomorrow (Evidence and DVLaw for me, both of those plus Race and the Law for her). And finally writing this blog entry
All in all it’s been a good week… and now exams are upon us GOOD LUCK to everyone facing finals, and if you have a few prayers to spare feel free to send them my way
Posted by T. Greg Doucette on Nov 19, 2010 in Wolfpack Athletics
This is NCSU–UNCCH football weekend, a point I hinted at in yesterday’s entry. Anyone who tells you it’s not one of the biggest rivalry games in the ACC is either (a) delusional, (b) clueless, or (c) lying to you
I come from an apparently-bygone era where it’s still possible to appreciate a person/group/institution and what they do, while still trashing them habitually in certain competitive eras like athletics (or mock trial competitions). So, for example, while I’ve got a few colleagues who hate anything and everything that is Duke Law, I don’t have a problem with them or their students — just the trial team, which couldn’t litigate its way out of high school detention without professional help
By that same token, I have no doubt the University of Non-Compliance at Cheater Haven is a fine upstanding academic institution 6 out of 7 days of the week. But the rest of the time they’re typical blue-blood white-wine elitists who got where they are today courtesy of mommy’s and daddy’s trust fund.
Oh, and the wealthy white alumni $$$ that came with excluding blacks for 160 years.
So it was in that spirit I’ve been exchanging trash-talk with one of my colleagues in the NCCU Law Student Bar Association, who happens to be a UNCCH alum. That in turn led to the inevitable taunt of putting a friendly wager on the game. I proposed the loser cooking the winner dinner and wearing a t-shirt touting the victorious school.
She saw my bet and raised by taking it a step higher: social media
If, by some cosmic coincidence, the Baby Blue Powder Puffs manage to eke out their 1st victory in the past 4 years over my beloved N.C. State Wolfpack, I have to change my Facebook and Twitter avatars to something UNCCH-esque and write an entry here at law:/dev/null praising them for their victory
Even though Vegas has my Wolfpack as a 3-point underdog… and we’ve whipped them 3 years in a row so they’re due for a win… I accepted
So this entry is just to give y’all advance warning that if things don’t turn out the way I want, you might want to avoid stopping by the blog tomorrow — and if you happen to ignore my advice, make sure you read #6 on the Disclaimer first
Posted by T. Greg Doucette on Sep 24, 2010 in Student Government
Folks, I know y’all get sick of me complaining about a certain campus newspaper, but the effort it expends to manufacture controversy about the UNC Association of Student Governments really perplexes me at times — and unfortunately it’s one of the few publications regularly read by folks at UNC General Administration.
Yet another example comes to us in today’s paper (original story available here at dailytarheel.com):
ASG actions may be illegal
Lobbying may violate state law
By ISABELLA COCHRANE | The Daily Tar Heel
The body that voices the students’ views to administrators and elected officials could be carrying out its top priority — lobbying legislators — illegally.
The UNC Association of Student Governments, which includes delegates from 17 UNC system institutions, has been meeting with legislators and presenting them with petitions to keep tuition low for students.
But association President Atul Bhula was unaware of a N.C. law requiring organizations that fulfill certain criteria to register with the N.C. Secretary of State’s Office before lobbying.
Bhula received a notice from the office Wednesday reminding him of the law. The department has not yet determined whether the association fits the definition of a lobbyist group.
If the organization fits the definition of a lobbyist group and does not register, it could be banned from lobbying for up to two years as well as face a $5,000 fine, spokeswoman for the office Liz Proctor said.
State statutes define a lobbyist as someone who is paid to engage in lobbying for a governmental purpose.According to the statutes, a lobbyist must spend more than 5 percent of his or her time per month actively trying to influence legislative or executive decisions.
If lobbying is the association’s top priority, they could fall under that category.
Bhula’s stipend as ASG president is $7,000 per year, which is paid for by student fees — a $1 fee from every student in the UNC system. Other officers in the organization are paid $1,000 to $5,500.
Christy Tillery, a paralegal with the N.C. Ethics Commission, said true unregistered lobbyists violate state law.
“If you’re a true lobbyist in regards to the definition you should be registered,” Tillery said. The state law requiring organizations to register went into effect in 2007.
Continued lobbying without being registered in North Carolina is a misdemeanor offense.
“I never registered, and I’d be skeptical of anyone saying they have to do so,” said former ASG President Greg Doucette.
Doucette said he doubts that ASG members fit the definition of a lobbyist because they don’t spend that much time persuading legislators.
“Right now the legislation isn’t even in session until January,” Doucette said. “Basically we’ll only have a couple of months to lobby.”
Doucette said an argument could be made that because ASG officers receive compensation, they need to be registered.
“Everyone who does not receive a stipend doesn’t even meet the definition of a lobbyist because no money is changing hands,” Doucette said.
Bhula said he had not looked into registering with the state earlier because he was unaware that the organization fit the criteria of a lobbyist.
“Regardless, we’re going to lobby this year. We’re going to get that taken care of as soon as possible,” Bhula said.
The organization plans to have someone lobbying in Washington, D.C., but focus for this year will be state legislators, he said.
“At the federal level we’d be looking at Pell Grants to ensure we have more money,” Bhula said. “The federal stimulus money is going to run out so it’s a hard battle to fight there.”
Bhula said he plans to discuss the registration process at the organization’s next meeting Saturday so ASG can lobby legislators in the future.
“We hope to more effectively use our dollar for internal investments,” Bhula said.
“Lobbying in North Carolina is our main concern.”
Proctor said that despite the group’s past lobbying actions, the state department was unaware of the association’s actions with legislators.
“This is the first time that we have heard anything about it,” she said.
Contact the State & National Editor at email@example.com.
Published September 23, 2010 in Association of Student Governments, News, State
Now I know the news reporters don’t usually write their own headlines so I can’t be too upset about that part, but weasel words are generally bad form for something purporting to be news. Just about anything “may” be illegal.
Then there’s the mischaracterization of what the law actually says (something I’ve suspected may be common with most media outlets). You can read the current lobbying laws in North Carolina for yourself, but the synopsis is that they just don’t apply to the UNC Association of Student Governments.
The main reason is that we’re a unit of government under the UNC umbrella. We don’t get to manage our own budget; a $1/student fee is paid to UNCGA who handles all the accounting and places numerous (onerous) restrictions on what UNCASG can do as a result. The group’s President is an ex-officio member of the University system’s policy-making Board of Governors. The group’s office manager, employed by UNCASG, is a state employee. I could happily list other criteria explaining why we’re a government entity — and thus exempt from the lobbyist registration law — but you get the idea.
Let’s assume though, for the sake of argument, UNCASG isn’t a government agency and is in fact a private non-profit: the lobbying law still wouldn’t apply because none of the UNCASG personnel meet the criteria of a “lobbyist.”
Under the relevant subsection that would apply to UNCASG, the statute’s two elements required to be a “lobbyist” include being an employee who “a significant part of [his/her] duties include lobbying” and “in no 30‑day period less than five percent (5%) of that employee’s actual duties include engaging in lobbying”. None of the UNCASG personnel meet both elements.
First, contrary to the article’s claim, lobbying the N.C. General Assembly isn’t UNCASG’s “top priority” and lobbying simply doesn’t constitute a “significant part” of anyone’s duties — something the DTH already knew.
How did they know? Because their substandard Editorial Board attacked me in one of their hit pieces last year for my “piggybacking” strategy with the Legislature, where UNCASG relied on the professional (and registered) lobbyists of UNCGA to do the bulk of the lobbying work, then have student leaders dropping in when it would be politically effective for us to do so.
UNCASG’s top priority is keeping in touch with the 215,000+ students it represents. It’s second priority is representing those voices on the UNC Board of Governors. Lobbying state legislators is quite a bit further down the totem pole, if it’s even on there at all.
Assuming arguendo that lobbying was a “significant part” of anyone’s duties in UNCASG, they still wouldn’t meet the second element required to be “lobbyists.”
Even at the height of my lobbying activity during my two terms in office — when we were successfully saving students over $25+ million dollars — I doubt I spent more than a few hours in an entire month at the N.C. General Assembly. That’s just how the political game gets played. You don’t talk to everyone in the Legislature; you talk to the key leaders who can pull votes, and since everyone else is doing the same thing you’re usually only going to get 10-15 minutes of their time.
If you assume the UNCASG Presidency is a 40-hour-a-week job, the President has up to 8 hours a month to lobby without becoming a “lobbyist” under this statute.
And if any President is spending more time than that on lobbying, they’re doing it wrong.
One final point before I wrap up: I was working for a lobbyist when the lobbying laws were drafted. I know who they were intended to affect, and I know who they did affect. Student-run student advocacy groups weren’t in either of those categories.
So if the N.C. Secretary of State’s Office or the Ethics Commission or anyone else is seriously concerned about UNCASG’s past lobbying efforts, I encourage them to file a claim against me. They’re going to be exceptionally hard-pressed to find anything even vaguely resembling the slightest scintilla of evidence that I or anyone on my staff was ever a “lobbyist” within the letter, the meaning, or the spirit of this statute.
And given the DTH Editorial Board’s lingering bitterness over my “aggressive character attacks” and their almost-comical efforts to rebuke me after-the-fact for them, I give them a week or so at most before they write an op/ed saying I was wrong and UNCASG should waste spend $100/person of student fee money to register their people as lobbyists…
Posted by T. Greg Doucette on Sep 16, 2010 in Student Government
I think it’s pretty safe to conclude that you’ve successfully gotten under someone’s skin when they insist on talking about you half a year after you’re gone
That’s apparently the case with those wacky aspiring-pundits-in-training over at the UNCCH Daily Tar Heel’s Editorial Board, who randomly decided to give me some free publicity earlier today. You can read the whole editorial here, but I’ve copied/pasted below to emphasize a part that just really hurt my soul all the way down to the core:
The Interview: New ASG president Atul Bhula is still lacking some substance to his proposals. But he’s got the right idea.
By EDITORIAL BOARD | The Daily Tar Heel
Updated: 12:45 AM
The Interview is a new opinion page feature. We’ll have extended interviews with people who affect our community, written by members of the editorial board. Today, Mark Laichena writes about Atul Bhula.
Listening to Atul Bhula, 2010-2011 president for the University of North Carolina’s Association of Student Governments, one gets the feeling that the association is on solid ground.
It certainly needs it. ASG has underperformed through much of its recent existence.
Never really working out how to make the most of the $1 it has collected annually since 2002 from each of the more than 200,000 students in the UNC system, ASG suffered humiliation as its president was charged with assault in 2007. Ignominy continued as some UNC campuses sidelined ASG and others withdrew their delegations.
Greg Doucette, the next and most recent former president, brought stability by serving enthusiastically from 2008-2010, though the results were hardly worthy of the hundreds of thousands of dollars the organization cost students.
So Bhula hasn’t exactly taken on the most popular job in town.
No matter: For the next seven months, he represents the entire UNC-system student body — even if not all students support his role.
Bhula launches into a discussion on tuition when asked about his top priorities, echoing practically all his predecessors by talking about keeping it “as low as possible.”
Reaching what he thinks ASG can actually do takes a little more prodding. He refuses to be tied to any targets quite yet: The organization “is still waiting for output from ASG’s research division” on the potential effect of tuition raises on UNC students, and a tuition subcommittee has just been formed.
It seems that Bhula, an MBA student at Appalachian State University, has embraced bureaucratic organization as the way to carry ASG forward. He says that he could have an action plan by October — so we’ll have to reserve judgement for now.
The ASG president’s main role is representing students to the UNC-system Board of Governors, but “hitting the legislature is a main priority.”
Bhula highlights contingency planning as a challenge ahead. The $750 tuition raise that came from the legislature over the summer blindsided the ASG, which had led a successful but comparatively insignificant tuition petition in the spring.
“So it really shows the power of the state government, and the importance of engaging them.”
There’s a frankness to Bhula’s outlook that is refreshing — particularly compared with his immediate predecessor, who engaged in aggressive character attacks through regular blog posts, called “T. Greg’s Tomes”.
Bhula sees a core part of his job as “selling the university.”
It’s a reminder of how big the job is: The UNC system comprises 16 universities and the N.C. School of Science and Math; more than 170,000 full-time students and almost 50,000 part-time students.
“The legislators aren’t hearing enough from students,” he says. “They love talking to students, especially those from the constituencies they represent.”
“ASG can get students there, and make sure they are informed.”
The ASG president is keeping his cards to his chest on the big ideas for connecting students to the state government, but it’s not hard to imagine the options on the table. For Student Day at the Capitol last May, around 30 students went to the legislature: A significantly larger presence during the General Assembly’s long session in the spring might send a strong message.
Bhula indicates he is looking to past projects for ideas. He mentions the Personal Stories project, a book that aimed to put faces on UNC-system students, which was produced during president Amanda Devore’s term in 2004-05.
“You still see it in legislators’ offices,” he said.
Thinking about projects leads us to the $260,000 question: How ASG spends its budget. Many have been critical of officers’ stipends, which range from the $7,000 for Bhula down to $1,000 for the secretary.
Bhula thinks the figures are fair.
“Students working for ASG could be working or interning, so if we don’t compensate them, ASG will only be open to elites who don’t have to work.
“And if officers don’t do their jobs, I’ll fire them,” he adds.
He’s quick to suggest other ways to save money, such as returning to one- or two-day meetings to cut hotel expenses.
And what to do with the saved money? “It’s all about returning value to students by funding for projects that benefit UNC-system students. That’s where the Personal Stories book might come in, and I’m not going to give up on working for campus innovation grants.”
Bhula has answers for the standard criticisms of the ASG, but he doesn’t have an answer for everything.
The ASG president admits that he doesn’t know what similar student associations in other states are doing.
“But that’s a great idea.”
I ignored the logical incoherence of citing UNCASG’s “successful… tuition petition in the spring” — saving students millions of dollars two years in a row — while still insisting “the results were hardly worthy of the hundreds of thousands of dollars the organization cost students.” UNCCH is a liberal arts University, and the bitter troglodytes running their student newspaper’s op/ed page can be forgiven if they never learned basic math (e.g. that “million” is a larger unit of measurement than “thousand” or even “hundreds of thousands”).
And I even ignored the characterization that pointing out an organization’s ineptitude is tantamount to “aggressive character attacks.” This is the same Editorial Board, after all, whose conservative editor decided to contact me via Facebook half a year ago to express his outrage (outrage!) that I had dared to exercise the same First Amendment rights to highlight the Board’s incompetence that the Board used to pen the incompetence in the first place. Feel free to read through the transcript if you need a chuckle.
No, folks, neither of those issues gave me even the slightest pause; I’d grown accustomed to this level of mediocrity from these folks. You know what did get me? You know what kept me awake at night, and even moved me to the verge of tears?
Characterizing T. Greg’s Tomes as mere “regular blog posts”
Never mind that over a third of the Tomes were written before law:/dev/null was even created — only 3 of the 19 have ever been posted on this blog in the first place! It’s almost like the Editorial Board members intentionally ignored the fact my 8 separate entries providing blow-by-blow dissections of their inadequacies were composed and promulgated via Facebook to ensure a higher readership than the traffic we were getting here at the time.
Or, in the words of Mr. Dangerfield, “I get no respect. No respect at all.”
Have a great night y’all! I promise I’ll have some law-related content tomorrow in celebration of Constitution Day!!
Posted by T. Greg Doucette on Apr 28, 2010 in Student Government
Good evening folks!
I’m still feeling a bit under the weather, so rather than get a fresh entry y’all are instead getting a copy/paste of a SG-related note I published on Facebook earlier today.
If you’re on Facebook, feel free to check out the original entry here. You should be able to access it even if we’re not Facebook friends… and if in the process you want to friend me, you’re more than welcome to do so
The note appears below in its entirety:
[Note: by default I’m tagging all of my ASG Vice Presidents, committee chairmen and senior leadership, the NCSU SBOs, and a few extra people on the side. If you don’t want to be tagged in future editions of T Greg’s Tomes, just shoot me a Facebook message -TGD]
Past Editions of T Greg’s Tomes:
T Greg’s Tomes: DTH Edit Board explains anti-ASG bias, endorses SBP candidate 10 months early
The UNCCH Daily Tar Heel’s Editorial Board has penned ever-more-delusional attacks on the UNC Association of Student Governments this past academic year, for reasons unknown to me. At first I thought it was because I was willing to regularly call out their incompetence (see Exhibit A and Exhibit B and Exhibit C and Exhibit D and Exhibit E and Exhibit F).
But now that my term as President is over, in their second-to-last paper of the semester, they finally explain: they’re upset over their relative lack of influence compared to UNCASG. So after delivering the electoral Kiss of Death for the last 2 years in a row, the DTH is endorsing an SBP candidate 10 months early in an effort to get back into the influence game.
You can read the editorial here.
As a quick prefatory note, it’s common knowledge among nearly everyone in or around the Graham Student Union at UNC Chapel Hill that Rick Ingram is running for Student Body President in February 2011 and Deanna Santoro is managing his campaign. It’s a point so frequently mentioned in conversation after conversation that someone like me — who’s not even a UNCCH student — has known about it for months now.
Their respective political aspirations are why they “leaked” to the Daily Tar Heel that there were alleged issues regarding Dakota Williams’s eligibility for Senior Vice President, when they (mistakenly) thought Williams was ineligible. It’s also why they encouraged the paper to conduct an exposé on my love life when they (mistakenly) thought it would be detrimental to one of Mr. Ingram’s potential opponents.
The fact they’ve been feeding stories to the paper is evident even in this most recent opinion piece. The DTH column claims, for example, that “[o]nly Ingram and Deanna Santoro… voted for the amendment.”
Yet the vote on the amendment, like votes on most amendments in most assemblies, was done by voice vote. In other words, there’s no record of who verbally said “aye” and who said “nay”. This wasn’t a roll call vote, where someone’s name would be tied with their opinion explicitly. This wasn’t even a standing counted vote, where those in the room could at least see who stood and who didn’t.
How then can UNCCH’s purported “newspaper of record” so definitively declare who voted for the amendment? Because they were fed the information by people with an agenda to push, and the DTH ate it up like a buffet.
That agenda was evident in an email Mr. Ingram sent me back on March 4th, where he outlined his plan to try and cut officer stipends and put the money into Campus Innovation Grants to “get some really good press” (you can read his email here). I told him in response that I disagreed with his plan for various reasons, but that he’d have the opportunity to raise his concerns in March when the budget came up for its initial vote. (You can read my response here).
So when the budget came up last month, after it was extensively and thoroughly debated by the Council of Student Body Presidents (see the DTH news coverage), did Mr. Ingram offer his amendment? No. Did he even say anything in debate? No.
In fact, unlike the DTH Editorial Board’s nonexistent “evidence” that Mr. Ingram and Miss Santoro were the only two people to support his shameless political stunt this past weekend, there actually is roll call evidence of Mr. Ingram’s position on the stipends… supporting them.
See the FB36 roll call vote here.
That kind of spineless, vacillating, Kerry-esque “I actually did vote for the $3,000 before I voted against it” style of “leadership” is the exact opposite of what UNC students need in a Student Body President. It’s even more disappointing that two political aspirants would go out of their way to elicit negative media coverage of a group they belong to just to promote their own political careers.
But I guess that’s what separates student politicians from student leaders.
The bigger issue is how totally divorced from reality the Daily Tar Heel’s Editorial Board has become over the past year.
The Editorial Board’s piece begins, for example, with the farcical assertion that “[t]he Association of Student Governments has yet again failed to demonstrate that it is dedicated to reform that would produce tangible benefits for students.” The Board has apparently missed the reforms that have already taken place — ASG’s reorganization, accountability measures, the transparent budget, among others — along with the “tangible benefits” that have come with it, including among others the $50+ per student in reduced tuition/fee rates compared to their $1 investment as a result of UNCASG’s work on the state budget, a near-complete revamp of the student health insurance program beginning this Fall, and the creation of the very Campus Innovation Grant program this same DTH editorial lauds.
A cursory review of the adjournment resolutions from the past 2 years (see last year’s resolution and this year’s resolution) shows a fairly extensive list of what’s been achieved with the “vision of reform” that my running mates and I brought to UNCASG when we took office.
But you don’t even have to look at the Association’s documents to know what it has achieved — you can just stick to reading the Daily Tar Heel’s own news coverage. The Editorial Board’s laughably ridiculous Tuesday editorial was bookended by a Friday news piece highlighting the record participation during my tenure, while a news piece on Wednesday noted the aggressive student lobbying of the General Assembly to repeal its 8% student tax.
So if the state’s key decisionmakers in higher education (the Board of Governors and the General Assembly) know UNCASG has completely turned around, other Student Governments in the University system know UNCASG has completely turned around, and the Daily Tar Heel’s own news staff know UNCASG has completely turned around, how on Earth could the Editorial Board be so willfully clueless?
The answer is: they’re not. They just have an agenda to promote, factual accuracy be damned.
Here’s hoping their choice to discard journalistic integrity in the name of attaining some level of influence on the UNCCH campus doesn’t prove to be a pyrrhic bargain.
[Edit @ 04/29/10 12:35am: I spoke with Miss Santoro at length by phone following publication of this note. While I told her I would not edit any of the original note contents, I did agree to put this disclaimer at the bottom. She assured me during our phone call that she was not involved in any way with Mr. Ingram’s SBP campaign, and also assured me that she had no personal involvement feeding information to the DTH. I have no reason to doubt her credibility and I take her at her word. -TGD]
Contracts exam in the morning, I’ll let y’all know how it goes. Have a great night everybody!