You can’t own facts — Tremé belongs to all of us.

Tremé is a neighborhood in New Orleans. Treme is an HBO series about New Orleans residents rebuilding their lives after Hurricane Katrina. The Chicory opines correctly that the t-shirt pictured to the left does not infringe any rights anyone holds in the television series. There cannot be a copyright in a fact, so there can be no copyright in the name “Treme.” And while trademark is a distinctive sign or symbol (a “mark”), the t-shirt bears no font or insignia distinctive to the television show. So get your Treme t-shirts and show your support for my friends in New Orleans.

Hat tip to Ray Ward.

Law students: what you learn is more important than your grade!

Ray Ward is a wise man. He sums up in a sentence what I often spend a year trying to get through to my students:

What you learn in a course is more important than your grade for that course.

It’s a particularly difficult point to get across to law students. One reason is that law school itself is packed almost entirely with people who feel that there’s a strong correlation between what you’ve learned, your intelligence, and your grade. Virtually all law professors had the highest or near the highest GPAs in their graduating classes from elite law schools. In my experience, people who succeed in an institution tend to believe that institution is very good at measuring success. Thus, law professors tend to think law school grades are good measure of success at learning law. And law students don’t know any better. They have no way to measure their success but grades. There is virtually no other feedback on their performance and their progress.

Lawyers I know genuinely do feel differently — that law school grades are poor predictors of success as a lawyer, and what studies there are confirm that the typical predictors of law school success are not good predictors of success in legal practice.

But it’s not easy getting that message across to law students, especially when your law professor colleagues don’t agree.

New Orleans Jazz & Heritage Festival, Neil Young on May 3, and May 4, 1970

My colleague Carolyn Jack today is blogging about the New Orleans Jazz & Heritage Festival, a stirring example of art’s power to give vitality to a troubled city.  It isn’t easy to figure out an angle that ties the Jazz Fest to law, but I don’t need to.  One of my favorite lawyer/bloggers is Ray Ward, who blogs as Minor Wisdom (the name a paranomasia apparent to any lawyer). Ray lives in New Orleans, and for him the night before Jazz Fest is “Like Christmas Eve.” He’s my source for all things Jazz Fest, from the proper gear to all the performance schedules. I’m looking forward to his reports from the scene. He will be my link between law and Jazz Fest.  But, most of all, I wish I were there.

I would love to see Neil Young on May 3.  One amazing thing about that show on that date is its proximity to May 4. I’m not sure how many people think each year about May 4. I do.  I was 10 years old on May 4, 1970.  I remember coming home from school and hearing that Ohio National Guardsmen 45 minutes away from my house had shot students who had been protesting the Vietnam War.  I was young, but I was a dark kid, and I felt destroyed by the thought that in this land of free speech, where protest is considered an inalienable right, students could be shot dead for protesting a war, much less that war.  That Neil Young soon after gave voice to my utterly inarticulate despair forever made me devoted to him.