From "Fortnight" to Finish Line: More Taylor Swift-Inspired Learning

The countdown to the end of the bar exam is officially two weeks away—a fortnight. For those unfamiliar with the term, a "fortnight" is a period of two weeks. It’s a quaint term often found in literature, historical, and, now, musical contexts, though not commonly used in America.

Today, let this word serve as a beacon of hope: in just two weeks (and a few hours), you will be done with the bar exam. Hurrah!

With that celebratory thought in mind, let's dive into some study tips and substantive reviews, creatively tied to song titles from Taylor Swift's latest album, The Tortured Poets Department, which features the single “Fortnight.” Let’s make these last two weeks not just productive but also a bit poetic.

Here are 10 of T-Swift’s songs that were used in a Peloton playlist by instructor and former corporate litigator Robin Arzón. 

1. “Fortnight”

And for a fortnight there, we were forever

Run into you sometimes, ask about the weather

Now you're in my backyard, turned into good neighbors

Your wife waters flowers, I wanna kill her

“Fortnight,” featuring Post Malone, explores themes of fatalism, longing, and lost dreams. Swift imagines this song taking place in an American town where the American Dream didn't pan out. The song is about the tragedy of not ending up with the person you love and the daily sorrow of seeing them around, reflecting on what could have been​.

When it comes to the bar exam, let’s use “Fortnight” to discuss some of the deadlines in Civil Procedure that you need to remember for the bar exam. Since a fortnight is 14 days, let’s discuss those 14-day deadlines!

Rule 12(a)(1)(A)(ii): A defendant must serve an answer to a complaint within 21 days after being served with the summons and complaint. However, if the defendant has waived service under Rule 4(d), the defendant must serve an answer within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States. If the court denies a motion to dismiss or postpones its disposition until the trial on the merits, the responsive pleading must be served within 14 days after notice of the court's action.

Rule 15(a)(3): Any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

Of course, there are other 14-day deadlines, too (expiration of a TRO; time to file jury demand after last pleading directed to the jury triable issue is served; time to appeal class action certification or denial). I encourage you to do a CTRL-F for "14 days" in your bar review materials to find other 14-day deadlines.

2. “The Tortured Poets Department”

You left your typewriter at my apartment

Straight from the tortured poets department

I think some things I never say

Like, "Who uses typewriters anyway?"

But you're in self-sabotage mode

Throwing spikes down on the road

But I've seen this episode and still loved the show

Who else decodes you?

The title track of the album examiners the complexities of heartbreak and loss, using metaphors to express the pain and suffering that often accompany these emotions. Swift's lyrics often juxtapose artistic and tragic elements to convey a deep sense of emotional turmoil​.

When it comes to the bar exam, the repetitive lyrics “Who uses typewriters anyway”? jumps out in my mind. Nowadays, no one uses typewriters on the bar exam (as I did many, many years ago). Today, bar exam takers use the modern-day equivalent to typewriters: laptop computers.

With just two weeks until the bar exam, it’s too late to make the decision whether to handwrite or to type your essay and performance test responses. If you’re using a laptop, make sure you limit your typos in your responses. This means don’t misspell names that are given to you in the test question. Don’t misspell case names of opinions given to you in the performance test. Pay particular attention to misuses of plurals and possessives and commonly misused words like “its” and “it’s.” While examiners will likely not deduct points for these mistakes, typos and careless errors might cause the examiners to spend extra time reading your response to find more substantive problems throughout your response. And you never want examiners to spend more time reviewing your responses than they need to!

3. “Who's Afraid of Little Old Me?”

… The who's who of "Who's that?" is poised for the attack

But my bare hands paved their paths

You don't get to tell me about sad

… If you wanted me dead, you should've just said

Nothing makes me feel more alive

 "Who's Afraid of Little Old Me?" addresses Swift's experiences with public scrutiny and criticism, reflecting on how society treats and judges public figures. The song reflects on Swift's experience with fame and criticism, likening it to the emotional warfare seen in “Who's Afraid of Virginia Woolf?” The track is a defiant declaration against those who have tried to belittle or undermine her, emphasizing her resilience and strength in the face of public scrutiny​.

When it comes to the bar exam, the theme in "Who's Afraid of Little Old Me?" aligns well with defamation. Remember there are two kinds of defamation—common law tort defamation and constitutional defamation. Constitutional defamation includes all the same requirements as common law tort defamation but also includes some additional requirements. 

• All defamation claims require the following: (i) defamatory language; (ii) “of or concerning” the plaintiff; (iii) publication thereof by defendant to a third person; and (iv) damage to plaintiff’s reputation.

• If the defamation involves a public figure or a matter of public concern, the Constitution requires the plaintiff to prove two additional elements: (v) falsity of the defamatory language; and (vi) fault on the part of defendant.

• In a common law case, the plaintiff doesn’t not have to prove falsity as part of the prima facie case. Rather, the defendant can offer truth of the statement as a defense.

4. “The Bolter”

By all accounts, she almost drowned

When she was six in frigid water

And I can confirm she made

A curious child, ever reviled

By everyone except her own father

With a quite bewitching face

Splendidly selfish, charmingly helpless

Excellent fun 'til you get to know her

Then she runs like it's a race

Behind her back, her best mates laughed

And they nicknamed her "The Bolter"

“The Bolter” suggests themes of escape and starting anew, reflecting the desire to break free from a confining situation or relationship (i.e., bolting away). This aligns with the album's overarching themes of longing and transformation.

When it comes to the bar exam, "The Bolter" can metaphorically align with the legal principle of the duty to retreat. The duty to retreat is a legal requirement in some jurisdictions that a person must attempt to avoid using deadly force by retreating from the situation if it is safe to do so. This concept is often contrasted with "Stand Your Ground" laws in other jurisdictions, which do not require an individual to retreat before using force. In jurisdictions that follow the duty to retreat, the duty applies only if the person can retreat safely without increasing their risk of harm. However, the duty to retreat generally does not apply when an individual is in their own home. Under the castle doctrine, a person does not have to retreat before using force to defend their home.

5. “My Boy Only Breaks His Favorite Toys”

Oh, here we go again.

The voices in his head

Called the rain to end our days of wild

The sickest army doll

Purchased at the mall

Rivulets descend my plastic smile

But you should've seen him

When he first got me

This metaphorical song compares the feeling of being a broken toy to being discarded in a crumbling relationship. Swift describes the experience of once being highly valued, only to be broken and left behind. The song touches on themes of denial and hope for reconciliation despite the evident toxicity of the relationship​.

When it comes to the bar exam, the song can be tied to the concept of abandonment in Family Law, particularly relating to the involuntary termination of parental rights. Abandonment includes lack of communication (the parent does not maintain any form of communication with the child; failure to support (the parent does not provide financial support for the child); and lack of interest (the parent shows no real interest in the child's welfare or well-being). Other grounds for involuntary termination include: infliction of serious physical harm, like sexual abuse; neglect or failure to meet minimum standards of care; failure to provide support for a specified period without justifiable cause; severe mental illness or incapacity that makes the parent unable to care for the child; and parental unfitness, including habitual substance abuse or criminal conduct that harms the child

6. So High School”

I'm watching American Pie with you on a Saturday night

Your friends are around, so be quiet

I'm trying to stifle my sighs

'Cause I feel so high school every time I look at you

But look at you

Ah-ah-ah-ah-ah

 “So High School” addresses the return to simpler, more fundamental times, reflecting on past experiences with a sense of nostalgia. This track ties into themes of growth and the lessons learned from one's formative years. One's formative years refer to the period when one is a child.

When it comes to the bar exam, most courts in negligence actions require that a childconform to the standard of care of a child of like age, education, intelligence, and experience. This is a subjective analysis. In other words, when determining a child’s negligence on the bar exam, look at the child’s age, education, intelligence, and experience, and compare it with similar children with the same age, education, intelligence, and experience. 

Tip: Remember that the above child standard of care in negligence actions doesn’t apply when the child is engaged in an adult activity. If the child is engaged in an adult activity, like driving a car or flying an airplane, the child is required to act as a reasonable adult engaged in that same activity.

7. “Florida!!!”

You can beat the heat if you beat the charges too

They said I was a cheat, I guess it must be true

And my friends all smell like weed or little babies

And this city reeks of driving myself crazy

Featuring Florence + the Machine, “Florida!!!” explores the idea of escaping to a new place to start over. Inspired by Swift's interest in true crime and people fleeing from their past, the song delves into the desire for anonymity and reinvention in the face of harsh consequences and judgment​.

When it comes to the bar exam, let’s tie “Florida!!!” to an important U.S. Supreme Court case with Florida in its name: Florida v. Bostick, 501 U.S. 429 (1991). In this case, the Supreme Court examined whether a bus passenger, approached by police officers, felt free to refuse their request to search his luggage. The Court emphasized that the voluntariness of consent hinges on whether a reasonable person, based on the totality of circumstances, would feel free to decline the officers' requests or terminate the encounter. Much like Swift’s portrayal of fleeing to Florida to escape one’s past, Bostick’s situation underscores the importance of feeling free to make one’s own choices without undue pressure. When studying Fourth Amendment issues on the bar exam, remember the key takeaway from Florida v. Bostick: the voluntariness of consent in a police encounter is determined by whether a reasonable person would feel free to say no, even in a confined space like a bus.

8. “But Daddy I Love Him”

I forget how the West was won

I forget if this was ever fun

I just learned these people only raise you to cage you

Sarahs and Hannahs in their Sunday best

Clutching their pearls, sighing "What a mess"

I just learned these people try and save you

... cause they hate you

This song likely discusses the conflicts between personal desires and external disapproval, focusing on the struggles of maintaining a relationship that others deem unsuitable. The emotional tension between familial expectations and personal choices is a central theme here.

When it comes to the bar exam, the song’s theme of seeking approval for a relationship resonates with the legal principles surrounding parental consent and emancipation. Most states require persons to be a minimum age, usually 18, before they can legally consent to be married. Some states will allow marriages of parties below the specified age if there is parental consent. However, when conflicts arise, such as a minor wanting to marry against their parents' wishes, the legal process of emancipation comes into play. Emancipation grants minors legal independence from their parents, allowing them to make significant decisions without needing parental consent. Courts will evaluate whether the minor can support themselves and make mature decisions before granting emancipation.

9. “I Can Do It with a Broken Heart”

I can read your mind

"She's having the time of her life"

There in her glittering prime

The lights refract sequined stars off her silhouette every night

I can show you lies (one, two, three, four)

This is my favorite track on TTPD. This song is about resilience and perseverance in the face of heartbreak. Despite the pain, the song emphasizes the strength to carry on and the ability to overcome emotional challenges. It portrays a bright, hopeful outlook amidst adversity​.

When it comes to the bar exam, think about how this song narrates how one can continue to persevere and fulfill obligations despite experiencing heartbreak. Just as the song's protagonist finds the strength to carry on, a party in a contract may strive to perform their duties despite facing impracticability or frustration. However, when the burden becomes excessively onerous or the contract's purpose is entirely defeated, the law provides mechanisms to excuse performance, akin to finding solace and a way forward after heartbreak.

Under the doctrine of impracticability, a party may be excused from performing a contractual duty if it becomes extremely and unreasonably difficult or expensive to perform due to an unforeseen event. The performance is not impossible, but it is impractical. The doctrine of frustration of purpose applies when an unforeseen event undermines the principal purpose of the contract, making one party's performance—though not impossible—practically worthless to the other.

10. “So Long, London”

So long, London

You'll find someone ...

I didn't opt in to be your odd man out

I founded the club she's heard great things about

I left all I knew, you left me at the house by the Heath

I stopped CPR, after all it's no use

The spirit was gone, we would never come to

And I'm pissed off you let me give you all that youth for free

“So Long, London” is a farewell to a significant chapter or place in Swift's life. It likely reflects on the bittersweet emotions of leaving behind familiar surroundings and moving on to new experiences.

When preparing for the bar exam, remember the distinction between the English Rule and the American Rule regarding the duty to deliver possession in Real Property. Just as Swift's "So Long London" reflects the need for a clean break and readiness to move forward, the English Rule (which is the majority rule) requires landlords to provide a tenant with actual possession, ensuring a smooth transition into the new tenancy. On the other hand, the American Rule (the minority rule) places the burden on the tenant to address any remaining occupants. The landlord’s obligation is merely to give the tenant the legal right to possession. Examinees' knowledge of the distinction between the English Rule and the American Rule was specifically tested in a Real Property essay on the February 2024 exam.

Want more Taylor Swift? Check out my other blog posts where I tie Swift's songs to legal concepts and study tips:

🎶 “I Admit It: ‘I May Be a Swiftie’” (Jan. 21, 2023)

🎶 “’Fifteen’ + ‘Seven’ = ‘22’ Learning More from T-Swift's Songs" (July 1, 2023)

🎶 “(Tommy's Version): Connecting the Vault Tracks on ‘1989 (Taylor's Version)’ to Legal Concepts” (Nov. 4, 2023)