Bedbug Port-mortem

Yesterday's tort's practice mid-term was interesting. In retrospect, I can see that I totally blew off the respondat superior analysis, treating the agency issue in a completely conclusory way (oops). I had the elements of battery, but was foggy on how to apply them to the facts (oops). Did well, I think, on the likely privilege of consent. It was amazing how much had to be addressed in just the one hour! The suggested Calabresi reading the appendix was helpful (Prof. Calhoun does want to see policy analysis on her exam responses), but I suspect that the Posner Law-and-Economics reading that was immediately before it might have been as much if not more helpful, considering that Posner (the same one? I am showing my ignorance) was the appellate judge for Mathias v. Accor Lodging(2003), which appears to have been the real-world source for the fact pattern. I was gratified to see my analysis of the battery, however baby-steps, conclusory, and incomplete it may have been, was at least in the same ball park (ok, maybe in the parking lot and not the field) as the judge's in the real case.

And now, with the practice mid-term cycle over (barring any more pop quizzes, thank you very much Prof. Peppet!), it is time to buckle down to drafting the open memo. IIMD, here I come!