December 30, 2006


It's the day before the day before the new year. Yesterday a new layer of snow fell on the old, crusty snow and deep mesas of compacted ice from "The Blizzard of 06." Last night, the grumbling of a million cabin-fevered Denverites zapped the weatherman's dire predictions of yet more snow into an echo of wispy nothingness. The sun rose this morning into a blue sky. I jumped out of bed, finished a legal memo, rode with Scott to Boulder (dodging fender-benders and tow trucks every few miles along Highway 36) , and met Brad, Elizabeth, and the wee and adorable Scarlett for brunch at the Dushanbe Teahouse. Now reclining in the study station at Scott's after perusing photo albums from his year in Australia in the 1980's.

Two goals for the evening:
(1) Start a legal memo on the effect of silence in a contract. (I assume expressio unius est exclusio alterius is a valid rule of contract interpretation except as to essential terms.)*
(2) Study for the Bar Exam.

* - Answer: expressio unius est exclusio alterius is a valid aid to contract interpretation but it is often superseded by other maxims, such as "intent of the parties" or "interpret me against the drafter's interest."

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