May 26, 2010

Just another day...

I sat through my first video hearing for immigration court. Have a client detained in detention facility and the hearings are still live but on tv. The screens are even wide enough to show the detainee, the Trial Attorney and counsel, and even the judge. It was a three-way extravaganza that could have easily accommodated a fourth had we needed to outsource an interpreter since the court's was temporarily missing. He strolled in half an hour later, and it was business as usual. The judge asked his questions through the screen.

Immigration court is just fascinating. Fascinating...

March 27, 2007

Escape from the Dark Ages

California always has interesting cases, and it has to be the trend setter or at least the media darling. Recently in the news, men have been witnessed fighting to have their say with their surnames. That is they want to take their wives last names, or something like it.

The California Legislature is set to consider a bill this month that would allow men to change their surnames upon marriage as seamlessly as women now can. Only seven states now allow a man who wishes to alter his name after his wedding to do so without going through the laborious, frequently expensive legal process set out by the courts for any name change. Women don't have to do so.

This intrigues me. I always figured that when and if I finally exchanged wedding vows I probably would do a hyphen and combine both last names because I love my last name. If my future husband were willing to do the same then that would be excellent.

February 2, 2007

Money = Power?

Gov. Perry just signed an executive order that would require all girls be vaccinated with the HPV vaccine starting in 2008.

Perry sidestepped opposition in the Legislature from conservatives and parents’ rights groups who fear such a requirement would condone premarital sex and interfere with the way Texans raise their children.

Beginning in September 2008, girls entering the sixth grade — meaning, generally, girls ages 11 and 12 — will have to receive Gardasil, Merck & Co.’s new vaccine against strains of the human papillomavirus, or HPV.

Perry also directed state health authorities to make the vaccine available free to girls 9 to 18 who are uninsured or whose insurance does not cover vaccines. In addition, he ordered that Medicaid offer Gardasil to women ages 19 to 21.

Was it Merck, or was it common sense? Texas becomes the first state to make the vaccine mandatory, and this type of news just blows me away. I'm also waiting to hear news of a lawsuit because some parent some where is going to claim that the vaccine is going to make their child sexually active.

Oy Vey.

So, cheers to Texas.

January 25, 2007

Rights or lack there of

Texas my Texas, here we go again. An appeals court refused to throw out the conviction of a young man who was convicted of killing his twin children. The catch? The mother, 16, was only five months pregnant with the twins, and she didn't want to have the children either.

The way everything went down is appalling. It's the law that is slightly disconcerting.

The case tested a Texas law that makes it a capital offense to kill an unborn child. The law redefined a person as having full rights to legal protection from the moment of conception...

Abbott said doctors breaking the law should be given jail time and lose their licenses, rather than being prosecuted for capital murder.

Taken literally Texas is outlawing abortion, and doctors can go to jail for performing them even in the first trimester. Give a fetus rights from day one, and this is what could happen. I don't think the lawmakers even wanted to deal with a slippery slope. It was all intentional. After all in Texas religion rules, and zygotes have feelings too.

Well then what happens in a miscarriage? Imagine the suspicion.

We're all going to hell.

Fascinating, right?

And for the record, I'm writing about the law. I am in no way supporting what these kids did. Psycho pro-choicers and pro-lifers can stay away.

January 7, 2007

Can Texas allow this?

The FDA recently approved a new vaccine meant to prevent a virus (HPV) that can cause cervical cancer. Now Texas wants to introduce legislation that would make it mandatory that the vaccine be administered to 6th grade girls. Truly innovative thinking from the lawmakers taking steps to save these girls, but this is Texas after all.

The vaccine called Gardasil is administered in a series of three injections over six months.

More than 85 percent of all cases of cervical cancer are linked to HPV and the makers of the vaccine say it could virtually wipe out this cancer threat...

Van de Putte is sponsoring Senate Bill 110. She says since the Centers for Disease Control have put this new vaccine on its list ... a state law would be a way to keep some young women from falling through the cracks.

"What states can do to help encourage the compliance is to make sure that just like your measles and your mumps and your chicken pox. That it's in the set of vaccines that students must have before entering school," said Van de Putte.

Farrar is sponsoring the House Bill 215.

"I think people are going to have to open their minds and look at the science and the medicine and put that at the forefront," said Farrar.

The shot has not been without controversy. Some parents are voicing fears that the vaccine might encourage promiscuous behavior if young women felt they were somehow protected, but just like other school shots, parents would be able to officially opt out by applying for an exemption.

This one is definitely something to keep an eye on.

January 4, 2007

Animal Farm anyone?

In the news overlooked last month Mr. President decided to tack yet another one of his signing statements to the new postal reform bill. He finally confirmed what some legal and political pundits have been hinting at. He's a dictator, or would like to be in the name of National Security.

President Bush says he and other government officials have the power to snoop through your mail without a judge's warrant.

Bush made the claim last month in a signing statement attached to a postal reform bill. Bush wrote that the bill "provides for opening of an item of a class of mail otherwise sealed against inspection."

After last year's revelation of Bush's secret domestic eavesdropping program, the move caused waves on Capitol Hill among some legislators who said that it contradicted the postal reform bill, as well as existing law.

Signing statements are just that. They have no legal weight. He's not a judge, and he's not a legislature. Mr. President would love to invade his citizens' privacy a bit more, but his "statements" have no legal effect. Thank goodness checks and balances still exist.

Barely.

This is kinda creepy.

December 26, 2006

Nuisance law in Japan

Playing music too loudly can come with a prison term in Japan. Apparently one neighbor blasted music for 29 months in an apparent bid to drive her other neighbor insane, and some injuries did occur. The judge decided to send the offending neighbor to jail, not because of the injuries but because she planned on blasting the music again to spite her neighbor.

If I had a neighbor like that I don't think she'd be well. Not after 29 months. Not after I was finished with her.

Did I just admit that I'm vengeful?

November 15, 2006

Sex and Terrorism

Couples fantasize about making out in an airplane lavatory. And if they hadn't, well one viewing of Rumor Has It will either be enough to convince the lucky lover of a quickie in that tiny bathroom, or kill that libido as soon as the airlines start passing out photocopies of this article. Of course this happy twosome just couldn't wait to express their carnal love in a more private place.

"Persing was observed nuzzling or kissing Sewell on the neck, and ... with his face pressed against Sewell's vaginal area. During these actions, Sewell was observed smiling," reads the indictment filed by the Federal Bureau of Investigation.

On a second warning from the flight attendant, Persing snapped back threatening the flight attendant with "serious consequences" if he did not leave them alone.

He was so hot and bothered he just couldn't contain himself! Now they're both charged under the Patriot Act.

Let this be a lesson. Sex on airplanes is bad. It turns ordinary people into terrorists, and that just isn't good.

Via Irish Trojan

November 14, 2006

More on St. Mary's Controversy

Was Bill Piatt a good Dean for St. Mary's University? The bar passage rate is holding steady at nearly 85%, but is this enough. The Express News has another article highlighting Piatt's missteps while barely touching upon his accomplishments. Maybe no balance is possible?

Trust me, this is all so juicy. Put a few of my classmates and I in a room, and this article would be G-rated next to our R.

November 13, 2006

Another Texas Moment

Illegal immigrants will have a tougher time thriving in a suburb outside of Dallas. Apart from making English it's official language, the town will be imposing fines on landowners and business who cater to illegals.

If illegal immigrants want a better life here in the states, they should at least take the time to learn English.

November 8, 2006

Maybe, or maybe not

SCOTUS heard arguments today on partial-term abortions. Apparently, it was quite a spectacle, yet no one knows how the court will rule because Roberts and Alito have no 'real' caselaw prior to joining the court that might hint as to which way they may lean.

I would love to sit in on an argument, and I'd be interested in reading the transcripts for this one. The only thing that really bothers me is the idiot who disrupted everything. This isn't a church or a circus; it's the Supreme Court. It's downright disrespectful. I hope someone tattoed JESUS on his forehead.

November 1, 2006

No longer 'Master of the House'

Bill Piatt will no longer be the Dean of St. Mary's University Law School. Despite having increased the bar passage rate for the university, the school decided not to renew his contract over growing concern in the declining enrollment of minority students and faculty:

Eight years ago, Piatt took the helm of a law school struggling with a spotty reputation for producing graduates who couldn't pass their Texas Bar exams on their first try with promises that pass rates would be a top priority.

To Mynor "Eddie" Rodríguez — a 2002 grad who passed the bar exam on his first try — that commitment rang hollow.

"When we (as a class) didn't do too well, he disowned us, which I found offensive because had we done better, I'm sure he would have taken credit," Rodríguez said.

Over his eight-year tenure, Piatt also acquired a reputation — deserved or not — for heavy-handedness and declines in the percentages of minority students and faculty members at the school.

As a proud member of the class of 2003 I can only hope that the new dean will work to strengthen the reputation of the university. Professor Cantu is standing in right now, and he was a wonderful instructor when it came to Torts. He's very smart too. Hopefully they'll let him keep it.

September 26, 2006

The game said so

Family members of three murder victims are sueing the makers of "Grand Theft Auto: Vice City" claiming that a fourteen year-old, Corey Posey, would never had killed their relatives had he not played that game.

Posey had told police he shot his family after his father, the ranch foreman, slapped him for not cleaning horse stalls fast enough. Prosecutors described Posey as a ruthless killer, but his lawyers claimed his father had abused him for years.

So, Posey is completely ok with being abused, and his family is worth $600 million. Of course the game did it, in the closet with the remote control.

Via Digg

August 24, 2006

No more MBEs!!

How Appealing is reporting that the NCBE has just won its copyright infringment case against PMBR awarding it $12 million in damages. Furthermore, the federal court is prohibiting said bar review company from sending any representatives to sit in on the exam unless he/she intends to become a licensed attorney of the state.

I'm sure PMBR is reeling from the slap.

June 23, 2006

Let's protect the lawyers

Personal injury lawyers will be moving to Illinois in waves as soon as they get wind of this recent decision by the state's Supreme Court (ok, not just PIs). The court just placed a limit on the amount of damages in malpractice cases against the legal profession.

The court ruled that clients may sue their lawyers for the standard, compensatory damages they would have won if their lawsuit had been properly brought.

But writing for the majority, Justice Lloyd Karmeier said clients could not sue their lawyers for lost punitive damages, which juries sometimes award to punish defendants for intentional misconduct.

Lawyers should pay for their negligence, but to hold them responsible for the intentional misconduct of someone else "tears the concept of punitive damages from its doctrinal moorings," Karmeier wrote.

Frankly, placing a limit on damages is a mistake. Who is to say that the award granted is more compensatory than punitive? The jury is there to decide, and if they decide that a client lost 2 million because of a lawyer's gross negligence, then the award is fair. That's why it's called malpractice. It's supposed to hurt. Cutting an award in half or more doesn't teach that lawyer a lesson. It's more like a mere slap on the hand. So, don't screw up.

And if malpractice insurance is getting you down, please complain to the insurance industry already! I'm sick and tired of hearing of damage caps to ease insurance premiums when the real criminal is the industry. Only 1% to 5% of lawsuits make it to court (yes, all the ones we hear on the news, subtract the majority). Doctors, lawyers, businesswomen bleed money thanks to rising insurance premiums. They say it's all the lawsuit abuse, but it's not possible. It's a handy excuse that works because everyone feeds into their spiel. When was the last insurance company bankruptcy or merger? They just keep springing up, raising premiums, and playing the blame game on their own clients or wherever they can find it.

Caps you say. And when you actually do need to sue for a real grievance that deserves a 1 million payout, you'll get $25,000 thanks to you and the government. Don't forget about taxes and the reasonable lawyer fees. Abuse exists. Just don't get rid of the protections. They are there for a reason. Really.

June 12, 2006

Bad lawyer of the week

I hate reading up on cases like this one. It's only one percent people. Remember that. The rest, well, we're nice. Really. Well, I'm going to be witchy, but uber cool.

Anyway, as the story goes, robber goes and tries to steal some stuff. Unfortunately for him the people at Autozone aren't going to sit by and get robbed, though the fact that this criminal has a gun is rather dangerous. They fight back in self-defense. Now the robber is suing. Claims he was assaulted.

Strange. Didn't he just do the assaulting?

Here's hopeing the justice system does the right thing and recognizes that the claim is empty. Hopefully someone will do something about that lawyer. Ugh.

April 12, 2006

Rules for interpretation

There's a language problem in Florida. Specifically, the problem lies within the court system and the would be interpreters who claim to speak the language and know the lingo, yet they botch up the translations and innocent people go to jail. This just isn't right (and I am evil incarnate)! The Florida legislature wants standards, tests, assurances that the interpreters will do their job correctly. I'm hoping for the best.

Now if only someone could set in place some standards for the so-called Spanish running rampant here in SA. Oy vey.

April 11, 2006

Yes!

So the interview happened today. It was long, and worth it.

Yours truly returns to the land of the legal.

Now, how do I juggle bar study, teaching Spanish and clerking? Anyone? I have it all mapped out neatly in my head, but oh wow is this going to look fun on paper.

March 21, 2006

Don't steal

In the first test of its kind, a court in Norway has ruled that a Creative Commons license is legally binding. Apparently a gossip magazine took some pictures off Flickr that belonged to a former MTV VJ without permission. They thought they could get away with using the images, but since the use was commercial it violated the license and infringed on his copyright, and now there's growing caselaw for CC.

March 9, 2006

Lawyer jokes

My father is a doctor. Ever since he learned how to use the 'foward' function on email not a day goes by that I receive jokes of every variety and color. He revels in sending me lawyer jokes. Some of them are good, and well some of them are...

A man walks into a bar. He sees a good looking, smartly dressed woman perched on a bar stool. He walks up behind her and says, "Hi there good looking, how's it going?" She turns around, faces him, looks him straight in the eye and says, "Listen, I'll screw anybody, anytime, anywhere, your place, my place, it doesn't matter. I've been doing it ever since I got out of college. I just flat out love it." He says, "No kidding? I'm a lawyer too! What firm are you with?

Gee, doctors and lawyers just hate each other with a passion, don't they? I think I'm going to start this guerilla campaign where I find good cases. Where a lawyer does an amazing thing that doesn't make my dad start sputtering in Spanish that he/she is the soon to be spawn of Satan. There are millions of good, ethical lawyers out there.

::cricket:: Hello.

And to think, his own daughter went to law school! He's uber proud of me, but the minute I receive my license I become the enemy. It doesn't matter if I've sworn up and down, here and there, to heaven and hell. Doctors and lawyers don't mix. The jokes are amusing, but wow. Feel the wrath!

Anyone know any good doctor jokes?

March 3, 2006

Oh no, it's a girl.

The Ohio Supreme Court has ruled that parents can sue their doctors if a genetic screening misses a really bad flaw leading to the child's severe disability or death. Basically, the parent's would have aborted the fetus had the genetic defect been detected, or so they say, but in these cases it's all about the money. Money to support the child who can't crawl, but can probably hear them cry about how they didn't want it. It's so expensive.

Here's the irony. Ohio could hypothetically become one of the next states to outlaw abortion, and the whole "wrongful birth" argument will become null and void. It can't work both ways.

March 1, 2006

No earbuds allowed

The police in Orange County, Cali have been stopping buses and issuing citations to people wearing headphones. They aren't citing the drivers. They're citing the riders because apparently listening to music is a hazard to the bus.

If there were a law like this in SA I would be broke!

February 28, 2006

Why people shouldn't take drugs

A health group wants the FDA to ban Darvocet because it can kill if used improperly. So can Tylenol and Ibuprofen, but they want to eliminate this potentialy lethal drug first.

WASHINGTON - Darvon, Darvocet and related painkillers were associated with the deaths of at least 2,110 people between 1981 and 1999, critics said Tuesday in asking the government to ban the drugs.

Several hundred more people have died accidentally after taking the drugs each year since then, Public Citizen’s Health Research Group said...

Wolfe said Public Citizen may not wait before undertaking legal action to get the drug off the market.

The body transforms propoxyphene into norpropoxyphene, which can build up in the body and is associated with a variety of heart problems, including arrhythmia.

Doesn't every drug have its risk? Yet too many people these days are all too happy to sue if something isn't agreeable. Tylenol may cause liver problems if taken in excess. Where are the lawsuits? They will come eventually.

Only 99 cents

Here's another example of David vs. Goliath in the music industry but with a twist. The RIAA sued and a music label in Canada decided to pay the legal bills to help defend the Gruebals. What I love are the arguments made in the defendants motion to dismiss:

# The RIAA's attempt to recover $750 per song, while its actual damages are only 99 cents per song, is unconstitutional;

# Since 2003 the RIAA has been actively engaged in "extortive and predatory litigation tactics" and misused the Courts to "create a veil of fear designed to frighten average consumers into paying thousands of dollars in settlements to avoid prolonged litigation";

# The RIAA's pleadings are "smoke and mirrors";

# The complaint lacks sufficient specificity;

# Tthe "distribution right" upon which the RIAA vaguely relies does not apply to electronic transmissions; and

# Even if it did, the mere act of making sound recordings available online does not constitute an actionable infringement.

It's nice to see that people are actually fighting the lawsuits and not settling. And the fact that a Canadian label is backing the defendants ( think Sarah McLachlan, Delerium) is pretty impressive and sends out a pretty loud statement. Sooner or later the RIAA will have no support.

Via Digg

February 27, 2006

New vocabulary

Beware of commiting an R. Kelly! Though to be fair an R. Kelly is not the correct term to use in California courts. Can't say the same when it comes to everyday conversation. Brilliant but chilling.

February 2, 2006

First One of the Year

Apple is being sued. More specifically it's being blamed for making the iPod too loud, and failing to warn people that deafness might be involved. Isn't it common knowledge that if you play music too loud your hearing will in fact be damaged? Apparently this guy missed the memo.

As for the lawyer, someone needs to disbar him/her.

January 1, 2006

Bars v. Shame

First, Happy New Year.

I decided to hold off on blogging till 2006 because I thought it would be a cheesy new start. That and well I was flying back and forth between San Antonio and El Paso, and I caught a nasty stomach virus the day after my birthday that left me out of commision for a day and apathetic for two more.

New year, new start. Still hating the layout.

So, what's the best way to deal with drunk drivers? Put them behind bars or shame them? In Tennessee they prefer a form of community service that puts them in the limelight. Embarrassment 101 is the name of the class, and the offenders have to pick up junk along the highway wearing vests that say "I am a Drunk Driver." There is no better cure for a reckless malady than the art of humiliation. I think it's brilliant. Why the govenor disagrees, well maybe he doesn't want to get caught wearing the vest. Save any lives recently?

December 7, 2005

Slave to the 'buck

A judge has ruled that Sambucks sounds too similar to Starbuck's Coffee, and this violates the coffee chain's trademark. Let's forget a second that Sam Buck is the owner's actual name.

The court ruled that Buck abandoned her maiden name by getting married, but Rylander disagrees.

"Women don't abandon their maiden names," he said. "They can still use them when they get married."

He presented two witnesses who testified that Sam Buck is known to community members as just that, but their accounts were ignored in the court's opinion, he said, providing possible grounds for an appeal.

So many women use their maiden names these days. Rather, many refuse to drop their maiden name for their husband's name. Call it that stigma about being a man's property. Now it's more recognized as a professional distinction or a personal choice. The point is not every woman changes her name. Strange how some courts fail to recognize this.

December 3, 2005

The BAR/BRI monopoly

BAR/BRI has been sued! Strangely enough many in the industry are not surprised when the course costs close to $3000, and the would be lawyer isn't even guaranteed a live lecture. Are the claims it makes even true?

The Times article focuses more on the company's tendencies to eliminate all the competition.

In 2003, BAR/BRI and L.S.U. agreed that BAR/BRI would provide a bar review course in place of one that L.S.U. offered. BAR/BRI promised to pay L.S.U. $100,000 over a three-year term, as well as $20,000 annually for use of L.S.U.'s facilities. BAR/BRI agreed to charge discounted tuition of between $545 and $645 to L.S.U. law students who had signed up for the school's bar review course. But for new review students, tuition was set to rise to $1,095 in the first year, $1,195 in the second year and $1,295 in the third year.

The agreement also contained this provision: "L.S.U. Law Center agrees that it shall not, without the prior consent of BAR/BRI, undertake for itself or engage any third party to manage or administer any course that could be competitive with BAR/BRI."

John J. Costonis, the chancellor of the L.S.U. law center, said the deal with BAR/BRI made sense. Before he arrived at the school in 1998, he said, "The student bar association at the law school in past years had offered a bar review course and frankly it wasn't very good."

He said he tried to overhaul and improve the program, but his efforts rested heavily on the ability to attract students in New Orleans in addition to those at L.S.U.'s campus in Baton Rouge. When few students enrolled, he said it quickly became clear the program was not viable.

Mr. Costonis, who said that as a practicing lawyer he had gotten to know executives at BAR/BRI, called the company to see if they could work out a deal. Raising the percentage of students who pass the bar was a top priority, he added. "My concern was reasonable price and best quality," Mr. Costonis said, adding that the agreement had a three-year term so that if the bar passage rate did not improve, then L.S.U. could get out of the arrangement.

The move did not go over well with students, said Ms. Gintz, the L.S.U. law graduate. "They kind of just announced it to us all of a sudden: 'L.S.U. is no longer going to have a bar review, all you guys are going to have to take BAR/BRI,' " she said. "There was a huge uprising among the students."

When I was at St. Mu the school advertised two review courses: BAR/BRI and PMBR. If you considered not taking either you were told flat out by the administration that you were going to fail. Frankly, I know people who passed without those course, but it makes you wonder.

November 21, 2005

Sony + rootkit =

This just in via Boing Boing. The EFF (Electronic Frontier Foundation) is bringing a class action lawsuit against Sony because of their DRM schemes. According to BB, this is the seventh lawsuit. Chances are more are on the way, and probably from a few other states.

October 27, 2005

Meirs

Harriet Miers has withdrawn her nomination for the Supreme Court.

Just this morning on GMA another strong conservative group came out against Miers because a speech of hers seemed to imply she was in favor of a woman's right to choose. Now this. I guess it's surprising. It's more of a blow to the Bush administration that will possibly be facing indictments for two of its top officials.

So how about my choice now for nominee?

October 20, 2005

May I have a whopper please?

For the past few weeks Burger King has had this commercial for their new breakfast sandwich. It's this huge calorie filled fest of a thing that when I look at it I can't help but wonder about how many arteries it might clog up. Then there's the king. It's a man in funky looking king mask. The kind they still make for dead presidents when some body wants to commit a robbery. Creepy. If Burger King wants to sell unhealthy then I'm guessing that they're doing a great job, and Congress is helping.

The House of Representatives passed the "Cheeseburger Bill." Now parents can't hold fast foods accountable for their children's obesity and neither can adults.

The legislation's backers say matters of personal responsibility don't belong in the courts.

"As one judge put it, if a person knows or should know that eating copious orders of super-sized McDonald's products is unhealthy and could result in weight gain, it is not the place of the law to protect them from their own excesses," said Rep. James Sensenbrenner, R-Wisconsin, chairman of the House Judiciary Committee.

If people are more obese does a lawsuit shave off the pounds, or avoiding the drive thru?

October 7, 2005

RIAA attacks satellite

Apparently, I was mistaken when I assumed that it was possible to record music off of satellite broadcasts. Fortunately, it's not something that will remain an impossibility, unless the RIAA has its way.

In August Sirius said it would introduce a small portable device, dubbed the S50, for its subscription radio service that can store 50 hours of music, news and programs from Sirius channels, in a move to narrow the gap with XM Satellite, which has had a portable device on the market since last fall.

Beginning in the fourth quarter, XM will also begin to offer MP3-enabled portable satellite radios developed by Korea's Samsung Electronics Co Ltd.

Even if the conflict winds up in court, Crockett said in his report he did not believe such a suit would succeed because fair use laws allow users to record songs for their own use.

He said it could would pose a "headline risk" for satellite radio and prompt a lobbying push by the recording industry as the two industries wrangle over a new music rights contract.

Crockett said the RIAA may seek $1 billion plus in music rights fees for a new contract covering 2007 to 2012 to replace the current $80 million pact that expires in 2006.

The recording industry time and time again keeps forgetting those two magic words: fair use. Sooner or later Best Buy will stop selling tapes because it will be illegal to record off of regular radio. Apparently there is no parallel.

September 12, 2005

And the nominee is...

Roberts came out of nowhere, and as much as I'm leary of him, I'm rather glad it's not Owens. Now that there's a potential for a second nominee, I dread an Owens nomination, but if Law Dork is right, and I think he is because it seems like it's the obvious choice, then maybe the Court won't be in such bad shape. Then again, these are conservatives. Then again it can go any way.

July 30, 2005

Me no speaking ingles

The Justice Department just sued the city of Boston for failing to provide translators and other materials that would assist individuals in voting here in the United States, especially when English happens not to be their native tongue.

Under the Voting Rights Act, if more than 10,000 of a city's voting-age citizens are members of a single-language minority with limited English skills, all elections materials must be available in their first language. The city is required to offer all ballots and instructions in Spanish for the 34,000 Hispanic citizens of voting age in Boston. The federal law also forbids officials from imposing any requirement or procedure that denies or abridges the rights of minority citizens to vote.

Why are they voting, again?

No, really. You want to be a United States citizen, enjoy what this country reaps and sows, yet you can't bother to learn the language? I realize voting is a constitutional right, and yes, strict scrutiny would probably apply in this case, but it's ridiculous. I don't know how many years it takes to become a citizen, but it's long enough to learn and understand the language. There shouldn't be a need for translations or instructions in Spanish, Chinese, or French. If they're necessary then maybe you have no business voting.

Via Wizbang

June 27, 2005

Not good

There's nothing to link to directly, but MSNBC.com is reporting that the Supreme Court has ruled in favor of the RIAA/MPAA. So much for technology.

June 11, 2005

Hear no Evil

A man was awarded $117,000 for backpay and pain and suffering because his employer decided that a deaf mute didn't deserve a pay raise over the span of twenty years. Other new employees with less experience deserved more than $5.51, but apparently not this man because he couldn't speak or hear. Yes, operating a ring-making machine requires these two faculties. And here I thought one just needed hands.

June 9, 2005

Praying in school

A school district in Louisiana apparently doesn't understand the meaning behind seperation of Church and State. I don't know what's more appalling, the fact that in one instance a teacher actually forced students to pray before lunch after the court specifically ruled that the district was in violation of the establishment clause, or that these people have such a blatant disregard for the law and want to preach to people who can't defend themselves. They actually think they can win thanks to our leader who has thoughtlessly determined that religion should be involved in law. Frankly, a line has to be drawn somewhere.

What it means to be a Patriot.

Bush wants a more permanent Patriot Act. An act that protects against terrorists at the expense of US citizens rights and liberties. Free range wire tapping, monitoring, hell, if the President wants it we can appear like a Cold War Russia by what we stand to give up for the sake of that protection. So go right ahead and stand up for the Patriot Act.

June 6, 2005

Church v. State

Rick Perry, the head of my state, has found it in his infinate wisdom to sign a few bills into law at a religious establishment. I'm assuming it's supposed to be symbolic, but if that's what he's really looking for what a blatant slap to the 1st Amendment. Then again, this Republican has never been true to the Constitution, has he? Pander to the Christian folk than to our rights.

Via Brendan.

April 15, 2005

Don't trust your ISP

Collection agencies are probably high on the list of calls/mail you don't want to receive. Afterall, who wants to owe money they don't have? The RIAA doesn't care, and now neither does Comcast.

Dawnell Leadbetter said that she was contacted by a debt collection agency in January and told to pay a $4,500 for downloading copyright-protected music or face a lawsuit for hundreds of thousands of dollars.

Leadbetter, a mother of two teenage children, was a customer of Comcast's high-speed Internet access service.

The company, Settlement Support Center, based in Washington state, was using information that the Recording Industry of Association of America had obtained in a Philadelphia lawsuit over the illegal sharing of digital music files, said Lory Lybeck, the lawyer representing Leadbetter.

But no court authorized Comcast to release names and addresses of its customers, or notified his client that her information had been given to an outside party.

Here's hoping Ms. Leadbetter will lead a better life now that she's suing Comcast. What did Comcast fear? It's the number one cable provider. If Verizon stood up to the greedy beast and won, why turn tail now?

Pun intended. ;-)

March 10, 2005

To Pray or not to Pray

Thirty Muslims were fired from Dell for praying at sunset. It was a hazard, an inconvenience, and frankly, it just wasn't right. Who would cover them at 7:20 today, 7:18 tomorrow, 6:55 the next day, or 7:05 later? Apparently accomodations for sunset prayer just aren't possible for the computer giant.

Via Wizbang

March 8, 2005

First piracy conviction, oh no!

Arizona has convicted its first pirate! The teen was charged with illegally downloading music and movies and then selling them. Since he was a minor at the time this terrible crime was commited, he will be spared jail time, but the dummy will do probation.

My god, did he really have to go and try to sell these movies he downloaded. Such terrible quality not to mention he's giving the MPAA and RIAA more fuel with which to screw everyone else. It's teens like him who use filesharing programs so irresponsibly.

March 7, 2005

Libraries are odor free...

... in one city in California. Have a noxious odor? The librarian can kick you out. (reg. req) If it happens to be the latest Britney Spears perfume, someone thinks you stink! I hope you still have your receipt!

Only in America

Only in America can you be charged with manslaughter for giving a friend his own gun. So what if said friend kills himself after finding out he has terminal cancer and is suffering horrible amounts of pain.

His gun, his choice.

But no, since you cleaned and gave the gun to your friend this makes you a criminal unless you live in Oregan and have an MD at the end of your name.

March 4, 2005

Apple of my eye

Are bloggers journalists? If so, should they be given the same protections? Should their sources remain confidential, and when they refuse to reveal them, should there be any penalties? A case in California involving three blogging sites versus Apple is asking these same questions, and so far Apple is winning.

This isn't good news. Bloggers have something that is more valuable than money, and that's freedom of speech. They have an uncanny way of finding the real news before it's twisted and spun into some melodramtic tale on the 7 o'clock news. In this way they are like journalists because they have their sources, anonymous people who trust these bloggers to publish the dirt, knowing their identies are safe for yet another day. At the same time they aren't journalists because they aren't tied down by rules. Face it. We bloggers can write about anything. It's our own integrity that keeps us from going too far.

Apple's case could stiffle all of this. They're angry some of their secrets were revealed, well go after the people who revealed it to the blogging sites, not the bloggers. If this were a celebrity situation no one would bat an eyelash. If the information had been printed in a print magazine the circumstances would be different. Bloggers stand to lose their ability to publish freely if this isn't stopped.

Apple 1 Bloggers 0

Keep them out!

Since immigration is such a huge issue in Arizona, they have decided to add more restrictions in the hope that illegals will avoid their state entirely. Afterall, who wants the already wretched Spanglish people speak there to start sounding like actual Spanish again.

Unfortunately, the new restrictions will prevent their children from attending school. The Supreme Court has ruled that no child will be denied an education regardless of their status. Illegal immigration is a serious issue, but sometimes these lawmakers just don't think. What else is new.

March 1, 2005

No execution for minors

The Supreme Court just ruled that it's against the Constitution to sentence teens to the death penalty when the crimes were committed before they were even adults.

The executions, the court said, were unconstitutionally cruel...

Justices in 2002 banned the execution of the mentally retarded, also citing the Constitution's Eighth Amendment ban on cruel and unusual punishments.

The court had already outlawed executions for those who were 15 and younger when they committed their crimes.

Tuesday's ruling prevents states from making 16- and 17-year-olds eligible for execution.

Maybe now the states will concentrate on finding help for these kids instead of locking them up and throwing away the key. They do horrible things, but have we forgotten that they're still kids?

The opinion is Potosi Correctional Center v. Simmons

February 25, 2005

$30 thieves

Our good friends, the MPAA, filed a bunch of lawsuits yesterday against nameless individuals for downloading movies. People, do you not realize that you're costing the industry billions of dollars by downloading these less than perfect files. That's why they're charging you $150,000 per file. Download three or four and they have enough to finance another movie.

February 23, 2005

Conspiracies

One side of my family believes in conspiracies. Someone somewhere paid that official to make something not work. It just had to happen that way! Which is why I'm not surprised to hear that HP's pocket-gouging ink cartridges have chips that expire after a certain number of months. And here I thought Salinas paid off Ashcroft to break my printer.

Now the question remains. If there is to be a class action lawsuit, where will it be brought, and how?

February 18, 2005

Blockbuster gets nailed

You've seen the advertisements proclaiming "No more late fees" as the poor Blockbuster staffers get mobbed by the overpriced abused crowd. Turns out that it's still a big lie.

Under Blockbuster's (Research) new policy, put into effect on Jan. 1, customers can keep a rental for one week past the due date at no additional charge. After that, they are charged a restocking fee of $1.25. And if the overdue item is kept for more than 30 days, Blockbuster will charge the customer the retail value of the item.

In a brief statement, Blockbuster defended the new policy, saying it was surprised and disappointed by the lawsuit.

"The fact is there are no longer late fees at Blockbuster," the company said.

Did Blockbuster forget that no late fees means no late fees, or was the $15 a month just not enough? If this is what it calls competition then I think Netflix is still the better deal.

February 8, 2005

In reply to Zach, why Napster is bad

Zach's posts are here and here.

-----------------
When I brought up the fair use argument I wasn't refering to the mp3 player, and in a license situation you're right, ideally there's no ownership. There's only a reserved right to listen to the music for as long as the consumer pays for the subscription.

Here's a typical license situation (courtesy of the MBE portion of the Bar Exam). A baseball fan purchases season tickets for his favorite team. He doesn't own the seat, or the stadium, or even the team. He just gets to go and enjoy what he loves best with no strings attached: baseball.

If he becomes a menace to the other patrons then the stadium can kick him out. His license can be revoked. What's important for this situation though is, the man knew what he was getting, and what he was losing.

My problem with Napster is that many people will be signing up for this deal with the impression that they'll get to keep the music much like you do with cd purchases. Why else would you compare it to iTunes and blatantly say it's a cheaper and faster way to fill up an mp3 player. And unfortunately many people won't realize that the music will disappear if they cancel their subscription. Sadly, many people don't realize that they have a right to rip copies of their cds, make them into mp3s, unrestricted, upload them to their iPOD or iRiver without them disappearing.

I'm all for a service like iTunes or Napster, but when it includes DRM, and when it appears misleading and lacks the fair use component, that's when the warning bells go off.

As for satellite radio, I still think it's a better alternative. Napster costs $15 a month, and while it does give you control over your playlist, it still has the DRM controls. Satellite on the other hand can cost between $9-$13, and though there is no control over the playlist, there's more exposure to music you might never had heard before, and you can record it, and it's cheaper.

February 4, 2005

Start spreading the news

It isn't over yet. A judge in New York City has ruled that a ban on same sex marriage is unconstitutional. Of course the impact of the ruling won't be felt if an appeals court grants the city a stay, but it's still rather thrilling to see rulings like these.

Score 1 for parody

The CBLDF just won its case against US Customs. Apparently they seized a comic which was a parody of Richie Rich, and claimed it was copyright infringement. Thankfully, they were able to see the error of such a claim.

Via Neil Gaiman

January 26, 2005

Aqui vienen los gallos

A state senator in Oklahoma wants to revive cockfighting. Apparently this form of entertainment brought in ludicrous amounts of money, and it would be an excellant way to revive the state's economy.

[The] roosters [would] wear little boxing gloves attached to their spurs, as well as lightweight, chicken-sized vests configured with electronic sensors to record hits and help keep score.

"It's like the fencing that you see on the Olympics, you know, where they have little balls on the ends of the swords and the fencers wear vests," said Shurden. "That's the same application that would be applied to the roosters."

I thought the whole point of cockfighting was seeing two roosters go at it, blood and all. Take out the blood, and well you have Chicken Run 2.

Childhood animosity

Since when are violent stick figure drawings by children considered federal crimes? Kids really can't vent anymore in any artistic way without being considered a terrorist or a danger to society. These kids were probably just kidding around and probably deserved a slap on the hand or detention. This is isn't to say that there isn't some deeper problem lying underneath, but seriously, is jail the way to go? Yes, let's traumatize these children by making them believe their criminals for expressing their feelings just being kids.

Update: Apparently these kids were special ed students. Via Wizbang.

January 12, 2005

Tonight on Disgruntled Lawyers

What happens when you tell a bad lawyer joke in front of a courthouse?

You get arrested for disorderly conduct. (reg. req.)

Sea of Sound

A South Korean court of appeals has ruled that users, not websites, should be held responsible for copyright infringement. This comes from a lower court ruling where two brothers were aqcuitted for running a website called Soribada where millions of users could log on, chat, and swap music files.

The Yangs... denied any wrongdoing, saying their service only provides private channels of communication and that they cannot control or monitor users' activities.

See, some countries actually get it.

January 11, 2005

Backwards Florida

Former child abusers, felons, and drug abusers can be adoptive parents in Florida, but if you're homosexual then you're the spawn of Satan himself. The Supreme Court has let stand a lower court Florida ruling that bans homosexuals from adopting children.

I thought this was about the best interest of the child. Isn't it in the child's best interest to be in a caring and loving home? Every day more and more children are being lost to a system that doesn't care anymore. Social workers lose children, and Florida is obviously one of those states with this problem. God forbid they let gay foster parents adopt. They have such great track records as foster parents, how humiliating would it be if it were proven that they're wonderful adoptive parents as well.

These are children, not objects to be thrown around everytime we want to debate the merits of whether a child is going to grow up to be gay. So what? At least that child lives in a happy home instead of some orphange, or worse yet, raped and dead in a ditch.

January 8, 2005

No Dogs Allowed

First the obese, now the blind? The Department of Transportation wants to make people with guide dogs purchase an extra ticket if their canine friend is too big.

Aren't the majority of guide dogs, big? No, really. I'm confused. These dogs serve a vital purpose. They aren't pets. They assist and guide their partners who otherwise would be lost without them. As Josh points out, many of these partners can normally ownly afford their own ticket. Now they have to pay for two or wait for a bigger flight? What about holidays?

Be concerned. Apparently, our nation likes to forget what disABLED means. It all comes down to the green buck.

Send comments, written and/or electronic:

Docket Clerk, Department of Transportation 400 7th Street, SW Room PL-401 Washington, D.C. 20590

reference docket number OST-2004-19626-1

For sending email, the instructions are on the Dockets Management System web site found at http://dms.dot.gov

January 6, 2005

Somehow I forgot to change the channel

A man bumps his head while watching a TV show, then proceeds to throw up. It must either be an either really gripping tv show, or a really bad one, right? I mean, think back to last year's Lost episode. My poor throat still hasn't recovered after what happened to Charlie. That was excellant drama!

Fear Factor. Not so much.

Now I'm a firm believer that I'm responsible for my own actions. I screamed and cried, and the end result was a sore throat. Am I really going to blame the network for causing such thrilling emotions and the resulting headache? It was my fault after all. I saw it of my own free will.

NBC has different issues.

“To have the individuals on the show eat (yes) and drink dead rats was crazy and from a viewer’s point of view made me throw-up as well an another in the house at the same time.”

Mr. Cleveland Man, if you're familiar with Fear Factor (which I don't doubt) you know it's a gross out show. You want to see gross because otherwise you'd be watching something else. It's called free will, not "chained to the couch" as you'd like the world to believe. Deal with the consequences, or change the channel. See that long, black retangular object you're holding in your hand. It's called a tv remote. Push the buttons and eventually you'll find something worth watching.

His suit added, “NBC is sending the wrong message to its TV watchers that cash can make or have people do just about anything beyond reasoning (sic) and in most cases against their will.”

He said the show caused his blood pressure to rise so high that he became dizzy and light-headed, and when he ran away to his room, he bumped his head into the doorway.

If it were against their will those people would be tied down and force fed the stuff, but they're not. It's a competition, and like any competition, they go through trials that are unpleasant. They have the choice to say no, but they lose. You have the choice to change the channel but you said no. How convenient.

As for money, well it's rather ironic that the winner of FF only gets $100,000 if they win while you're asking for 2.5 million for those sudden medical conditions. Tell me, is that bump on the head so bad that you can no longer work, or did you not work to begin with?

You're pathetic, your lawyer is scum, and reality shows need to die.

But wasn't the Alias premiere just smashing.

December 22, 2004

Birthday clothes

Lovely Villahermosa. At least that's what I hear. I've never been there, but I'm sure it's great. I just don't know if I'll ever be ever to shower there if I happen to visit that town. What if I accidently drop my towel and flash my imaginary husband. Though we're legally wed in my imaginary world, I guess that still makes me an immoral person, and I and the peeping Tom who catches me will go to jail.

Such is life in a small town of Villahermosa, México

November 15, 2004

Thwarting the hangman

The Supreme Court has handed Texas another blow in death penalty cases. It overturned the State's case against a man who was prevented from introducing evidence about his learning disability and low IQ. According to the State, one's mental capacity has nothing to with murder, which is why they thought the defendant deserved the death penalty. And yes I do say they because the jurors did not have all the information.

In capital murder cases you need either an intent to kill and/or malice, if I remember correctly, in order to be convicted. Malice is the key, and without it there's no case. If Texas could it would put to death children I imagine. This is no difference. Have the mental capacity of a 4 year old and you'll still get fried. The question is, do you want that zesty or plain?

November 12, 2004

Idiot of the week

Here's a neat little scenario. You're walking on railroad tracks (are you insane??), and you suddenly hear the sound of a train coming from behind you. What do you do?

Wouldn't any reasonble person jump out of the way? Run? Hell, wouldn't you step off the track and let the train go by because they do seem to have pretty loud horns?

Apparently, this woman didn't do anything, and the poor thing was hurt. I guess she didn't know that train tracks carry trains, and you can get trampled if you don't move out of the way! And since she wasn't informed of the dangers of walking on these tracks (hello, common sense!!), she's now filed a lawsuit.

Frankly, I'm surprised she survived. Having received such minor injuries maybe she was playing "chicken," and she just doesn't want to fess up. As for her lawyer, scum of the earth.

Via Boing Boing

November 10, 2004

Greed made me do it

Liza, Liza, Liza. If it's not a face lift then it must be harrassment. Her bodyguard was attacked by the Minnelli with sex as her weapon of choice. Now he is suing the actress and singer, and I'm wondering, would it really have been that difficult to find another job, or was the money just that good?

November 4, 2004

4th times the charm

I wonder if it's easier to become a lawyer in Canada...

September 19, 2004

Explain this

Alright, so explain this to me before I die of a heart attack.

It's a known fact that by the time one graduates law school one has become a little bit more superstitious. You learn to read the signs, because frankly we all know it's all so subjective. The essay portion of the Texas Bar Exam is worse. You'll get more points if you use 'reasonable prudent person' even if you put 'reasonable prudent man.' So, what's left? We read the signs to see if we've passed or not.

It's fifty/fifty so far. If you get an advertisement for a bar prep course that means you failed. Except an acquaintance of mine received one and passed, and I didn't and I failed. The first time around the thing worked, so it works half of the time. This time I'm freaking out.

I received a pamphlet in the mail inviting me to a CLE course. This is for licensed lawyers. Hello, I'm not licensed yet, but I did receive this the same day I get the notice telling me when bar results will be announced. Sometime in November I'm guessing because I can't bear to look. Oh god, this is a bad sign, isn't it? I know the bastards already have the MBE scores. Does this mean I'm in the temporarily pass list because ya know, the essays were not pretty. See, this is the kind of anxiety I could do with out.

Seriously, who do I have to kill to become licensed in this state (and not get caught).

August 6, 2004

Post anxiety stress, what the...

I went into the bar this time very cool and composed. I mean I've seen this all before. Twice. The first two days were not so bad, and the MPT actually dealt with copyright law, so barring the fact that I ran out of time because I *had* to take a break and didn't ask for this accomodation beforehand (grr, argh), twas alright. I just had the shortest conclusion ever.

Let's not talk about Day 3.

The thing is, I'm haunted by this experience. It was the third time. I'm seeing it as strike 3 instead of 3rd times the charm. I've had horrible anxiety all week, and I'm wondering if maybe instead of looking for volunteer clerkships that maybe I should look for something else.

Granted, I felt fine after the test, but I want to forget now. I don't even know when in November we get our results. It's the fact that we get them that annoys me. Avoidance is key, yes?

I WANT TO PASS THE FRIKKIN BAR!!! And please, no JFK, Jr. stories or I will have to hunt you down, hang you upside down by your toes, and play Britney Spears till your ears bleed.

August 5, 2004

Fear the messageboards!!!

A lawyer in Cali has filed a class action lawsuit against Yahoo for allowing certain members on its messageboards to participate in relentless namecalling.

Galton is a partner in the firm of Galton & Helm, which specializes in insurance law. He registered to use Yahoo message boards in early 2004 in order to respond to a negative late-2003 post about one of his clients, which he did not identify in the suit.

After Galton posted his response, under the screen name "stephengalton," he was subjected to name-calling by various other users of the message boards.

One user, a person using the screen name "mumioler" who had posted the original messages about Galton's client that started the dispute, wrote a series of new messages calling Galton a "shyster" and an "overly robust geezer that makes a living walking behind the elephant with a shovel."

Other users also took personal shots at Galton, and he filed suit in April of this year against them. At the same time, he sought their personal information via a subpoena from Yahoo. The company, the suit said, responded with incomplete or inaccurate information.

Now I've heard about sueing for libel, but this? It reminds of all those times when we were children, and we used to run home to our parents in tears because some bully called us an ugly name. What did they always say in reply?

"Sticks and stones will break your bones, but words will never harm you."

Someone needs to send this guy to his mother.

August 4, 2004

Will you marry me?

At least some states have some common sense to do the right thing. Now if only something can be done about that stay...

August 3, 2004

Perusing the halls of blawgs

For once (or maybe a few times ...) in my life I can say I actually did something productive. It may not seem productive, but it was fun, and I hadn't done it in a long time. I read a whole book in one sitting, and then I came back to my poor laptop and decided to bookmark a ton of law blogs that I think I might be linking to in the near future. I actually can't stop reading, which is rather frustrating because I feel downright tired. These eyes of mine feel like they can not scan another line of text, but this morning was so worth it.

July 29, 2004

Ding dong the witch is dead.

I'm barely lucid, yesterday I wanted to choke the two guys outside my door clearly marked, "Quiet, exam in session," and I'm wondering why I'm not drunk, but it's over.

Why in the hell were the guys talking about Oil and Gas on MBE day? And damn, property is going to haunt me for the rest of my life but I fucking aced Sales and Secured Transactions and Bancruptcy baybee.

July 23, 2004

4 days and counting

I think I'm going to ace this sucker.

July 20, 2004

Wake me when it's over

I keep telling myself, changes will be coming. It gets me through the day. I don't even dare to think of the 'what-ifs.' I'm rather comfortable in the stage where I'm accomplishing things one step at a time.

So, is it July 28th yet?

May 14, 2004

Supreme Court denies stay

On Monday, the first homosexual couples will be officially and legally married, and no one in that state can stop them thanks to the Supreme Court's decision to refuse to block the marriages.

The Court did not issue a comment, which in laymens' terms means that they take no position on the case either way. The matter will be taken up by the Court of Appeals in June. Scalia did gripe, but I'd be surprised if he didn't.

Should the Ct. of Appeals even grant a stay in the near future this is at least some kind of progress though it does or may place the court in a situation where it will have to decide whether marriage is a fundamental right between a man and a woman, or is it gender neutral. Either way, there's a fight in the federal system now, and I can only hope that our judges are sensible enough to look past their religious biases and can recognize that these are human beings that we're dealing with. People who are entitled to the same protections as heterosexual couples.

Pardon me, but I just don't get the whole 'it's against god, against nature' crap. If judges take issue with this, then they have no business being on the bench appointed or otherwise. Granted I have no control over this but that's just my two cents. ;-)

April 29, 2004

D Day??

I think it's tomorrow, or rather today. The words, can this just be over come to mind. I just want to pass, damnit.

Wish me luck? I need lots of it.

April 18, 2004

My day today...

How am I supposed to breathe?
I try to relax.
I touch your still frame
So I can watch you closer
And study the ways I believe I belong to you
I scratch at your waist line... your doll hair
I dig up the thought of how your eyes glow
So I make you my religion, my collision, an escape goat
So have I found your secret weak spot, baby?

(Chorus) Can you pretend I'm amazing?
I can pretend I'm amazing...

Instead of what we both know
I cut to the punch line baby
Can you pretend I'm amazing
Instead of what we both know

Now our history is for sale
And for that I apologize

You see you're my only know how
The study of when I believe I belonged to you
You see I've made you into something delicious,
My sweet ghost
So have I found your secret weak spot, baby?

(Chorus)

"Amazing" by Blue October

P.S. Thanks Margaret

April 15, 2004

In all sincerity

I haven't lost interest, its lost interest in me. These are gloomy days, and it could just be the hormones. I wish it were the hormones. It could also be that I get results for one test this week, and in three weeks I get the results for the big one.

I don't want to fail again. The fact of the matter is, I'm not dreading retaking the damn thing. The hardest part about it all is the fact that I feel like such a damn failure when I don't see my name on that list. It affects everything, and it feels like I'm proving all the naysayers, and it's the worst feeling in the world.

Damn it, I really should stop being such a coward and email the man at the EEOC too.

I'm stronger than this, but November kind of knocked me down a few pegs.

March 16, 2004

It's the lawyer's fault

Admittedly, there is a need to stop frivolous lawsuits especially in cases where parents are blaming McDonalds instead of themselves for their child's sudden increase in weight. Now comes a report from the Bush Administration claiming that these frivolous lawsuits were one of the reasons behind our current unemployment crisis.

"Lawsuit abuse is the ultimate disincentive for hiring new people," Snow said in prepared remarks to a closed session of the American Tort Reform Association. "The cost of doing business is substantially increased by a litigious environment."

Fact: A minority of lawsuits are frivolous, and the lawyers who bring such lawsuits are subject to discipline under the code.

Fact: Without the lawsuits there is one less avenue for regulation. Have we forgotten Enron so quickly.

If the government wants to protect small business then let it protect small business, but not at the detriment of the consumer. They have the right to sue. As for blaming the lawyers for the lack of jobs, well this is the same Bush Administration that claimed there were weapons of mass destruction in Iraq so what else is new.

A new law blawg

I meant to announce this yesterday, but I was too busy being social or at least pretending to be.

The fellows formally from En Banc have a new weblog, De Novo, and it's fabulous. The symposium, which is the new addition to blog, is an excellant idea, and I might even submit to it if the topic seems right.

This weeks first symposium in particular has had me thinking about how well I'm prepared for "the outside." Coming from a law school that was so dedicated to bar classes and less on clinics and hands on experience other than the summer clerkships (because quite frankly employment during the semester was discouraged), the minute I get my license I won't know what to do with it. I do have clerkship experience and I'm happy that I took trial advocacy, and I was an avid competitor in mock trial, but it isn't real world.

Granted, I'm not paranoid about it because I learned quite a bit as a clerk, and after all these months of being unemployed studying for the exam I'm just dying to jump in and get my hands dirty in some kind of civil work, but I don't want to be blindsighted by it.

That and I did not go to the best school, but that's not a secret.

March 15, 2004

A clown fish is just a clown fish

A French court has ruled in favor of Disney and Pixar stating that they did not "Find Nemo" from author Franck le Calvez. He sued last year claiming that Nemo was too similar to his character, Pierrot, who also happens to be a clown fish that gets lost. The difference here is that Pierrot has a dolphinlike smile, therefore he cannot be like the adorable Nemo.

March 11, 2004

Not in Cali

CNN is just reporting that the California Supreme Court has issued a halt to same-sex marriage licenses in San Fransisco.

So there it is, a judicial order keeping two people from their fundamental right to marry. I don't care that they are both female or male. They should have that right to marry, and the fact that other people want to prevent that makes them so cold-hearted and prejudical it's sickening.

February 22, 2004

Dear ole St. Mu

It has come to my attention that there is quite a delicious scandal brewing at my law school in regard to an upcoming external advocacy competition. The advocacy teams are the school's pride and joy, but it seems it has gotten out of hand.

I'll elaborate when I know more, but good luck to HLSA.

February 20, 2004

Bar angst, want some Capt. Hook?

Tick, tock. Tick, tock. I feel like Captain Hook. I'm standing on my pirate ship, perceiving the open seas carefully with hardly a gale blowing at the sails, resting my one remaining hand at the mast. The crocodile isn't there, but I face the bloody thing three days hence, and it seems as if all I have to do is flip a coin to determine the winner of our next meeting.

Get me in a better mood next time and I'll use Madam la guillotine for my next anology, though to be honest I'm rather amused with this one. Really, I wasn't kidding when I told my roommate that I was itching to write. It just sounds so much better than mineral interests.

February 17, 2004

Bar update

I just took the only practice MBE I will ever take this time. Same one I took last summer. I scored an 82 then. I friggin scored a 113 this time, and I think the only reason I didn't score higher was because I was blanking out on Evidence and Contracts. That and I was just tired by the last 100 questions, which was obvious based on my score. A frapuccino will be a must next week because I need my stamina.

I'm exstatic!!! A 113!!!!! I've never scored that high. I mean on the actual bar exam my scaled score was a 104 so that has got to mean something regardless. Yes, some of the questions were familiar because of Micromash. About 10 to 15 to be exact, but the rest were fair game. At least I won't feel like I'm going into this already set up to fail because quite frankly up until today that's how I've been feeling, and it's the worst feeling in the world. Like hitting up against a brick wall with no where to go but foward.

February 16, 2004

RIP

Another law blog bites the dust. En Banc has shut down, which is such a damn shame. I was really enjoying it too. Apparently a bunch of good law blogs are disappearing either because they've lost their anonymity or because they have to censor themselves. How sad. You'll be missed.

February 12, 2004

Ok, I need to get this out of my system:

Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh I'm taking the bar in a little over a week. The world is going to end. I am going to die, or rather, I am going to get my ass kicked ten times over, and over, and over, and over, and over, again. Actually, I think I liked the bit about the world ending better.

Ahhhhhhhhhh!!!!!!!!!!!

I feel human now.

February 5, 2004

Cirque and the law

The EEOC finds that Cirque de Soleil discriminated against an acrobat and fired him before he was to begin performances of Mystere. They were afraid he'd infect his fellow acrobats with HIV.

How exactly?

Unless the performance has added the scene, "intro to the kama sutra," or suddenly the performers start sharing needles for that last high before the denoument, I don't quite see how the other employees will contract the disease. Oh wait, they must still be living in the 80's.

Courtesy of DISABLAWG.

February 4, 2004

What happens when you listen to rap music a little too loudly in your car? You're sentenced to listen to opera. Alas, if only we had this in Texas. Give them a little Wagner. That will get their blood pumping.

January 18, 2004

To all the people who tried to comfort me by telling me not to feel bad because JFK Jr. failed the bar like 5 times, well here's the big screw you. Don't get mad. I know you were trying to make me feel better, but until you've been there you just don't get it. But thanks for the thought. And I really liked the article.

Courtesy of JD2B.

January 17, 2004

Woman in court for driving under the influence in her wheelchair. No, it's not a Texas, thank goodness, but I find this oddly humorous from my point of you considering what I'm like after a drink or two. Poor woman.

January 5, 2004

According to the latest polls music downloads, illegal ones that is, are slowing down. All the major download programs show some decrease in usage, but where is the so-called 'half' the article reports that has disappeared? What the article doesn't mention is that people won't be so quick to admit that they download music, nor has it factored in any of the new underground software that has emerged to take the place of Kazaa and Grokster. Yes, the RIAA lawsuits were succesful. They scared people. Many stopped downloading music but a whole lot of others searched for another way and they will continue to do so.

I'm going to study for the bar. I'm going to study for the bar. Dear god I'm going to study for the bar. Again.

::much angst ensues::

As long as I don't start quoting stuff about easments and don't christian the next cart the roomie and I steal from HEB as Larcency the 18th then I should be mildly sane come Oscar time.

December 19, 2003

The RIAA subpoeanas are illegal. A court of appeals has ruled that copyright law as it stands does not support the subpoenas, therefore the recording industry has no authority to seek them.

This is indeed a lovely birthday present.

December 13, 2003

I had this theory. I thought the guys and gals at Google weren't the biggest fans of Dubya. It's possible considering our presidente isn't very good, but I based my theory on the 'miserable failure' entry from earlier. Well apparently the lovely employees at Google are not responsible for that pleasant surprise. It's in fact a google bombing courtesy of some very clever bloggers. Of course there might be some employees helping out as well. You never know.

December 10, 2003

The legislature hopes to put a stop to spam with the new CAN-SPAM law, but there's a catch. You have to ask to be removed from the mailing list of the spammer before they can be charged with an offense.

So basically we're letting the spammers know that our email works, so they they can sell it to other spammers, and a new law just went into effect that probably won't work. Brilliant.

December 6, 2003

Eminem has done it again. He's rapped his way into trouble with the Secret Service this time because of some lyrics that state that he wants to see Bush dead. Him and the rest of the Middle East. What else is new?

It's hysterical that the SS are even investigating the matter, and yet given how this administration has been all about taking away our freedoms, I shouldn't be surprised.

December 5, 2003

Good acting or karma. A woman with a long history of personal injury claims against chains such as Walgreens and Wal-mart was trampled at a Wal-mart while shopping for a DVD player. She subsequently spent two days in the hospital recovering from her injuries.

It was definately karma, methinks.

A federal district judge has granted a temporary restraining order against the MPAA's screener ban. This is excellent news for independant filmmakers, though I already know an appeal is on the way. I honestly did not see this coming, but I'm glad the judge ruled this way.

December 3, 2003

It's posts like this one that make my day. Hani, you are hysterical. I like that. Good luck on finals.

November 19, 2003

Why does this not surprise me. It's just coming out, so I can't link to anything yet, but an arrest warrant has been issued for Michael Jackson. I'm assuming it has to do with allegations related to the supposed molestation of the 12 year old boy and the resulting search.

November 17, 2003

There is nothing more blood-curdling or rage inducing, or for the matter, nothing more amusing than sitting back and reading the latest Supreme Court decision or lack there of. This time I take pleasure in Scalia's discontent with yet another affirmative action case even if the article isn't that informative. The Court chose not to look at a case involving a law which gives preference to female and minority contractors and supposedly discriminates against white contractors. They can't help it if they just keep winning the majority of the bids. Well, apparently, they lost this one.

November 16, 2003

SCOTUS limits disability rights once again. This time it affects people who have obsolete jobs. If they get hurt while on the job, claim disability, and their becomes obsolete, and they can't do anything else then they have to find the same job somewhere else or find another job.

From one point of view it makes sense. If the job no longer exists at said place of business then you have no right to continue asking for disability. Look for a new company with the same job, or look for a new job that requires the same skills. Too many people take advantage of SSI.

At the same time, we are talking about the disAbled. We're specialized, and to tell us to just look for a different job requiring different skills is not easy, and it's infuriating and insulting to be told as such.

It makes my skin crawl to read that Scalia wrote the opinion of the court. I understand the reasoning behind the Court's decision, but it seems like this will only do more harm than good.

November 9, 2003

Cheating on a spouse with a member of the same sex is apparently not adultery according to the New Hampshire Supreme Court. Their reasoning is that they're afraid that it somehow might affect the sanctity of marriage to allow such a thing. This court has no idea of the can of worms they just opened.

November 5, 2003

I didn't pass the bar exam.

The insanity continues. We recently graduated law students have now been reduced to sending chain letters via email for the extra luck. "Send me to 20 people in the next hour and I promise that you will not burn in hell for the next thousand years!"

Actually, we're just hoping for one tiny little thing. We want to see our names on that website. It's quite amusing. Even more amusing, trying to pry me away from this laptop.

In more somber news, I'm conflicted. I need to call home, but I don't want to. I wasn't very close to this uncle, but my mother knew him well since he was her sister's husband, and frankly, three deaths in 6 months has been tough for both of us, especially her. I am sad. We knew it was coming, just not when. I'm wondering if anyone else is going to die: one before law school graduation, one before the bar exam, one before the bar exam results, one before the mpre exam maybe?? Please no. Seriously, I'm not bitter, but it's painful, and I don't think I can handle it much longer.

October 29, 2003

You know you're a masochist when:

You find yourself eerily drawn to the Texas Board of Law Examiners website and gasp in relief and slight despair when your realize that results aren't up early. Then you decide to look at the re-application form just to see what it asks for and hiss in disgust when you notice you have to go through the whole process of proving you're disABLED just to get accomidations. So needless to say you didn't read through the entire re-application form and decided that maybe that extra passport photo that you couldn't find that last time you needed it for the MPRE is better suited this time on the MPRE.

October 24, 2003

A 14 year old student is expelled from school for writing a fictional account of a student who falls asleep and dreams about killing a teacher. The story was clearly fictional, and yet the student was expelled. Obviously, free speech is no longer recognized in the public school system.

October 22, 2003

Fair warning. I may sound hysterical in my blog entries for the next two and a half weeks. Why? Bar results come out on the 6th, and I'd be lying if I said I was calm.

I wish there were an easier way to deal with it all.

October 18, 2003

This lawsuit should make sellers think twice before selling their products and claiming them to be %100 when they actually aren't.

I'm actually cringing. Could someone please take the woman and the lawyer and shoot them for me. No, just the lawyer for being a money hungry bastard, though I'm sure the woman is suffering extreme irreperrable mental harm due to the damage caused to her taste buds because of the lack of fruit in the jam.

Seriously, reading this reminded me of a discussion I had with a friend of mine. Lawsuits like these, they make us look bad. What harm did she suffer? Did the jam make her ill? Send her to the hospital? No. If she was so displeased she could have taken the jar back and asked for a refund.

Now there's going to be this DTPA action because she has sensitive taste buds, and the point is, to sue over something silly like this only goes to show that there are some really lousy lawyers out there who do not deserve to have a license. Not when they're bringing frivolous actions like this one. Not when there are lawsuits out there making a mockery of the very same judicial system.

October 17, 2003

An appeals court in Washington is being asked to throw out a ruling that would force one lesbian to split her assets with her lover. Homosexual marriage isn't recognized in the states, but some states are beginning to recognize some rights regarding homosexual relationships, so it will be interesting to see how the court will rule in this regard.

October 10, 2003

I knew it, I knew it, I knew it.

When the media first reported that a student had discovered and published a way to circumvent the copyright protection on the new cds I knew there was bound to be trouble, and here it is. Except this is a good thing. Let SunnComm sue under the Digital Millenium Copyright Act, and then let's see the judges finally tear this act apart and rule it unconstitutional for violating the First Amendment.

Days before representatives from BMG came foward admitting that they new of the flaw in the copyright protection scheme, and honestly how can SunnComm claim that there has been circumvention when all the student has done is used a simple Windows function. One that any Windows user is familiar with. If the fact that he published his findings is at issue, then First Amendment clearly is at issue, and I really, really want to see them try to argue DMCA legitimately. So much so that it fails.

October 8, 2003

Beware those preachers. I tell you they're crazy. Especially if you get them near one of those nasty nude beaches.

In Wisconsin of all places the 3rd District Court of Appeals ruled against a minister and fined him $1000 for using derogatory language towards a woman who parked near a nude beach. We're too assume she was a patron of the beach, and he, a chosen of the Lord, deemed himself constitutionally protected enough to call her unworthy things to dissuade her from practicing other freedoms. Oops, guess he was wrong.

Bible verses and profanity do not a $1000 fine pay.

October 7, 2003

Microsoft is facing another lawsuit, this time for all the flaws found in its software. The claim is based on the fact that the software is vulnerable, and when Microsoft releases warnings and patches about these vulnerabilities, they're so obscure and incomprehensible that it puts the ordinary user at a disadvantage while giving the hacker an advantage to obviously exploit the vulnerability.

The lawsuit is seeking class action status, but what I find interesting is the end result. Year after year it seems Micrsoft has been more interested in releasing newer versions of its software, and yet they're less stable. Granted, as the article points out, the software maker can't be held completely responsible for other people's malicious actions, but it should be penalized for its own negligence, and there's no doubt that the company has been irresponsible with its products. The new OS alone has so many security patches alone that it makes me wonder if perhaps they should have waited a year before releasing it.

In a day and age when privacy and information are transmitted over wires, it's important that the software that allows for such communication does not falter or isn't hijacked by some virus, and thanks to Microsoft, that isn't possible yet. Not unless you have the latest patch installed.

An incident like this makes me twice as ill, and of course it had to happen in Texas. It's rather obvious that it was a hate crime. A group of white men take a mentally challenged African American man to a party, and the next day he just happens to just show up beaten to a pulp. It's a little too suspicious to have been some drunken brawl of some sort.

October 4, 2003

It's the glasses. It has to be the glasses. I'm going through this adjustment period and I just can't be witty. I can be atrociously dull and dimwitted, but not funny. What's wrong with me? I can't see!!

For instance, take this article about free speech. It's rather baffling that we can call the Taliban and Saddam terrorists, but should we insult our dear, sweet, presidente in writing, the shirt must be turned inside out. TERRORIST (see, subliminal) And the leaders of our country call this freedom? Actually, they do because that's what the judges are for. I bet George W. wasn't too pleased. That amuses me.

In all seriousness, if the nation's children can't even critizice their leaders in a half hearted manner, where or where are we headed for? France!!!

SiteFinder is no more at least for now. After a stern warning from ICANN which claimed the service violated their contract, VeriSign shutdown the new service until it could investigate the matter. The company is also facing three lawsuits because of SiteFinder.

Everywhere normal net users are breathing sighs of relief as the internet starts behaving as it should now that Verisign isn't monopolizing it anymore.

There's nothing more amusing than seeing the government not get its way, and then sitting back and watching the attempt at a hissy fit.

Denied. The prosecution cannot seek the death penalty against Zacarias Moussaoui. This stems out of the prosecutions failure to follow the judge's previous orders to allow the defense to interview witnesses that are vital to the case.

Sanctions. Ya gotta love them.

October 1, 2003

Ouch. That infamous couple, who were arrested in a New York Cathedral after calling into a radio show, are no longer such. He has died of a heart attack.

Out of respect for the dead I'll refrain from making any sarcastic remarks, but it's right there. Poor guy.

September 27, 2003

I've been following this case for months, and at first I thought the husband had every right to decide for his wife. The articles back then weren't very informative about the situation and only said that this was her wish, she didn't want to live like this. I originally read this on Ragged Edge, which doesn't keep quiet about these matters.

Now, I think the best thing to do is to appoint a guardian. The husband's actions are just too peculiar. The article doesn't mention it, but others do, and if some doctors have said that she can be rehabilitated. For crying out loud I've seen footage on tv where it seems that she is responsive and in no way does that mean vegitative state to me. Something has to be done.

September 22, 2003

Oh look, the RIAA strikes again. IMesh is their new target, and I bet they'll be as succesful as they were with Kazaa. Afterall, this report states that the recording industry's efforts have led to a 5 percent decrease in file-sharing. They should be so proud of themselves.

In the meantime thanks to this article millions of file-sharers have just been introduced to a new way of getting their music. Such sweet irony.

September 20, 2003

I feel better today. Probably because VeriSign has just been sued for their SiteFinder service, which steals customers from Popular Enterprises LLC. They apparently have a similar service.

The article mentions that ICANN is investigating the SiteFinder service based on many of the complaints they've received this last week. I don't know what good that will do. This is the same group that granted VeriSign the .net and .com monopoly. Frankly, ICANN is a joke.

September 18, 2003

Want to make a backup copy of your favorite DVD? Well if the movie studios have their way that won't be possible. Citing the DMCA, Paramount and Twentieth Century Fox filed suit against Tritton Tech, alleging that their software, DVD Copyware circumvents copyright protections on DVDs, which could potentially cost them millions should the software fall in the hands of fileswappers.

I hope Tritton fights this one because here's a clear case of fair use versus the right of the copyright holder. I agree that the copyright holder does have some right, but the DMCA can not be used to be trample fair use, and so far the courts have allowed the MPAA and the RIAA to do just that. Maybe this one will be the one to stop it. I mean, if we can use CD-Rs to make back up copies of our cds why can't we do the same with our DVDs?

September 14, 2003

Proposition 12 passed. This is a sad day for Texas.

September 8, 2003

Sony Pictures is being sued by White Wolf and Nancy Collins for copyright infringement over the movie Underworld. They list 17 counts of infringement, and find at least 60 if not more instances were the movie borrows from White Wolf and Collins.

I especially loved the parts were the plaintiffs claim the vampires "embrace" similar to that of Vampire: the Masquerade yet no mention of it is actually made in the movie. That and much of the so called copying can also be referenced back to Dracula, which if I'm not mistaken is public domain. And, Masquerade itself is not original seeing as many of its ideas were taken from popular culture including Anne Rice.

In an unsurprising move the RIAA filed many, many lawsuits against file-sharers today and revealed its amnesty plan in its attempt to stop copyright infringement and increase profits. I think it just succeeded in alienating more consumers, and may have finally opened the door to finally bringing down the DMCA and itself.

It's rather interesting. The roommate and I were discussing how we might just start buying cds again from Universal since they finally came to their senses and dropped cd prices, but after this, I think the boycott is still on until after Christmas.

The EFF is warning file-swappers not to buy into the RIAA's offer of amnesty because they can still be subject to liability. Any offer from the RIAA that requires you to file a notarized letter saying you have no files on your harddrive regardless of whether you own the song's cd or not should be scrutinized and thrown out; it's an association that hires law enforecment to invade your private files; an association that prohibits the defendant from seeing the evidence that is being used against him. I can see why they issued such a warning.

September 7, 2003

If you live in Texas and you're of voting age, now is the time to take a stand. Vote no to Proposition 12. A judge and a jury should be the ones to decide whether a doctor or a drunk driver will be held accountable to a plaintiff for damages, not the legislature. By taking that right away, you undermine the legal system and take away the only recourse we have to seek repair. $250,000 is not enough to bring back a loved one from the grave.

So insurance premiums are unbearably high. Why isn't anyone questioning the insurance companies for the rise in prices. And who's funding Proposition 12? Guess.

September 6, 2003

Why is it that we in Texas don't get our bar results till November, but the lucky bastards in Oregan get to find out in September, the 10th to be exact. Assuming they're lucky that is. I swear, the Board of Law Examiners hates us.

September 3, 2003

Ploy or desperate move? What can only be considered as jaw dropping, Universal has decided to drop the prices of cds. The thing is, it might just be a bit too late.

September 2, 2003

An appeal was filed with the Supreme Court to determine whether the Bush Administration has violated the US Constitution by detaining the 660 prisoners in Cuba for over 18 months without a trial. They may not get a trial and they may not get released, and the sad truth of the matter is that the Court may decline to review the case as well.

August 22, 2003

How violent is too violent in a short story where it is deemed criminal instead of free speech?

Ah, finally there is some news. In an attempt to stop the subpoenas, lawyers have filed a lawsuit on behalf of Jane Doe, who is seeking to retain her anonimity by claiming that the RIAA's free use of these subpoenas is an invasion of privacy. I'm sure many agree, but I'm wondering how the courts will decide.

August 18, 2003

The ACLU is going to seek intervention from a federal court to stop the recall election at least until March for the sake of minorities. Really, are we minorities that stupid that they have to use us as an excuse? Ya know, we can read. And, there are a bunch of whites in those districts to, and in Florida too who also seemed to make mistakes so please don't use the minority excuse because we both know it's not quite legitimate.

August 7, 2003

The MPRE may be fair, but it kinda sucks for those of us who have trained ourselves to overanalyze questions and now have to dumb down in order to answer these. It sucks.

August 6, 2003

The Terminator is running for Govenor. Ya know, that's just so cool. I like Arnie, and Cali will be lucky if he's a succesful governor too.

But does this mean no more Arnie movies? Methinks I'll cry.

August 2, 2003

I swear I'm not paranoid, and this just proves it. What can the Secret Services' reaction be called then? Over caution?

When we live in an age when we can't criticize or even praise a President for his actions it's not called freedom, it's called censorship. And it's getting worse, will continue doing so if people don't become informed about the Patriot Act and the other measures Ashcroft and his cronies are trying to pass through Congress that threaten our rights, our privacy.

This was just creepy, and really stupid of the Secret Service to not get the connection. Too many blows to the head now have we, or was it Bush's speeches?

Link via Neil Gaiman

July 30, 2003

Finally! The first lawsuit against the Patriot Act has been filed. It only took how many years?

July 27, 2003

Though I've never been of the type to discuss politics, I couldn't help but catch this little tidbit at How Appealing, which discusses in brief Volohk's displeasure with a particular New York Times article (I'd link that but I really didn't read it).

What caught my eye were two things. The entry mentioned my law school, and that one of Bush's darling nominees to the DC court had some negative things to say about the law review. Granted, I'm not the biggest fan of my law school or the law review, and the title is atrocious, but the faculty is decent, and they are not going to publish trash. Second, courts have relied on secondary sources in the past in forming their decisions. Not primarily, but they have influence, especially when technology is involved because the field is so new. It is very unprofessional of a California Supreme Court Justice to say something like that, let alone publish it, and it makes me ill to find out that she's a nominee for a federal position now.

Which leads me to another thing that's related to this topic and that I've seen mentioned at Sua Sponte and Effinchamp in regard to choosing the right law school, since I noticed mine was rather discredited. Here's my two cents.

I've made no secret about disliking my school St Mary's University School of Law. I was deceived about it being ADA compliant, and my second semester there the administration decided to change the handbook after the bar results came out with disaterous results, and our mean went from a B- to a C+, among other things. The administration basically stopped treating it's students decently, and right now many of us have no market potential whatsoever. But prior to this, I wanted to come here. Why? Reputation.

You can go anywhere in the state of Texas, and if they ask you where you graduated from and you say St. Mary's, it's almost as good as saying Notre Dame. Sure, it's not the same, but it's on par. People's eyes open a little wider, and you know that they know that they've just met a good lawyer.

What I've loved about St Mary's is that we take care of each other. We're a smaller school, and even though we're still a competitive bunch, we're still there for each other to help out in times of need; ie, the finals crunch and now the bar. And the Alumni Association makes it its business to try and hire new graduates each year.

The problem is the administration, especially the dean, has ruined our oppourtunities in the job department, which I could elaborate upon but I care not to at this time, and of course it doesn't help that the bar passage rate has been very low for the past two years. But you'll see, my class will change all that.

If you're looking for a law school, pick what fits you best. If your grades and lsat scores are great, and you're competitive, go for the big leagues. If you like the smaller schools, those are great too. Just make sure you do your research. Investigate the schools. Look into their policies, what their specialties are. I think schools with clinics are great, and if you want to do law review look into the schools with the more reputable ones. If you're physically disabled, please, please, please do not accept to go to that law school until you have visited the campus and they have given you in writing the accomodations they have promised to make for you. Especially if you're going to live on campus.

July 26, 2003

The Electronic Frontier Foundation has an online database of the RIAA subpoenas sent out so far. It's updated everyday, so If you think you're on the list then it might be best to go check it out.

July 1, 2003

Apparently, we soon to be lawyers have issues with sobriety, and law schools really do need to do something about it.

This article cracks me up. What did they expect. That the problem would solve itself? My school is a prime example about how no one cares what happens to the students, including the administration. The SBA was known more for its social events, not the little meetings we put on that were supposed to be insightful.

"Coming to a pub near you, dollar drinks and free beer till midnight this Friday at Fatsos!" Dean So and So sure as hell wasn't around passing out fliers about the virtues of sobriety (No, he was probably writing his next bullshit speech meant to either to demean the third years or sucker the alumni into another year of his so-called draconian plan of reformation). Students were there to drown away the stresses of the week. "Socratic method my ass. Let me pass in peace and humilate co-counsel for once!"

Isn't that what the law school experience is all about?

In all seriousness, I was bothered by the 'lets get sloshed' mentality of my classmates, but to each there own. I couldn't blame them for it. Alcohol was their poison, mine has always been food. That and should the law schools start instituting policies geared towards helping the students cope with their stress that doesn't involve alcohol, I seriously doubt my school would care. Then again I am now part of the alumni. Hmmm I can feel the power course through my fingertips.

Ah false illusions of grandeur. There's nothing like it.

Link shamelessly stolen from Alice.

June 29, 2003

The Republican House Leader is backing up a proposal for an amendment restricting marriage to that between a male and a female. He's quoted as saying that marriage is a sacrament. Well if it is, then government has no business getting involved in religion to begin with. Say it how you will, the nation is full of homophobes and they will use flawed reasoning to justify passing something that is harmful and stupid. And they have no right to use religion. And I'm sitting here laughing that he used the word 'sacrament' to back up his reasoning.

At the same time, the fight for gay rights is far from over and this proves it. I can only hope that the proposal for the amendment dies down as quickly as it did the first time.

Why can't we be like Canada?

June 26, 2003

So it wasn't a stretch. Predictably, Thomas and Scalia dissented in a decision by the Supreme Court overturning the Texas sodomy law. It was a 6-3 decision, and though it would be wishful thinking to ask for a unanimous decision, I'm so glad this law was struck down.

June 25, 2003

Beware the wrath of the RIAA. No, really. Now they're really going to sue individual file-swappers. Can we say stupid? In the first place, they can sue, but these people don't have money. Sure, it may stop them, but more will show up in their place. If the industry wants to raise sales again, they need start with the root of the problem. Lower the price of cds, find better quality of music and don't just market it to teenyboppers because, hello, we're all not mindless airheads having emotional breakdowns because the boy next door looked at us the wrong way, and stop treating all file-sharers like criminals. Many people, myself included, like to sample music, have to sample music before we decide whether we do want to pay 20 bucks for a cd. It's a bit tiring let alone expensive having to pay for a cd that only has one worthy song. It's just not going to happen.

If the RIAA does begin suing, then I think there should be a boycott. Let the greedy bastards bleed.

June 24, 2003

My little Spike story becomes a threesome. I'm actually glad Mr. Jones Jr. has stepped foward to say something because this whole thing has just gotten ridiculous. More so since the appellate judge actually refused to overturn the injunction. Why don't people just see how absurd this is getting?

June 23, 2003

SCOTUS rules that libraries must put anti-porn filters on computers if they expect to receive federal money.

Though the need to protect a child is important, there has to be another way of going about it. Filters are censors. They censor legitimate sites. Why not create specific accounts for children and filter those. Is there some unwritten law that libraries are just for children? Where are the parents in all of this?

I expected a different decision, and I'm surprised that this was the result.

I'm taking bets on the sodomy case. I know how Scalia and Clarence are going to vote, but anyone want to guess on how that one will be decided if at all this term.

Universities can use race as a factor for admittance. In a 5 to 4 split, the Supreme Court ruled that the U of Michigan's law school policy was constitutional for being narrowly tailored (geek!!!!), and basically it didn't violate the equal protection clause of the 14th Amendment.

This is significant. It's significant because affirmative action will be around for a while longer, and frankly I'm glad because it's still needed. Too many people are under the impression that affirmative action gives minorities a free ride into these institutions, and frankly that's just not true. Look at Texas. The state has no affirmative action policy and enrollment of minorities is at an all time low. Not because the students aren't qualified. It's because the schools are no longer looking to become diversified, and not only is that detrimental to the student body, but it's hurtful to the minorities who are in need of that education.

I could go on and on.

June 18, 2003

On the first simulated MBE test that I took I scored just below 50%, and now that we've taken the second one I'm up to 50%, which is very encouraging. I'm almost there. Our goal is to get to 80%, and we have 41 days to do it before the bar. We're going to pass.

June 13, 2003

Spike Lee has won the first round against the TNN network. Sorry guys, no Spike TV for you yet.

June 8, 2003

It's been decided for me, it's a little too early to have a nervous breakdown over the bar exam. This of course did not prevent the tiny flood yesterday, which I could not spare thanks to the unavoidable hangover. Damn! Then F. paid me a visit today. F. rocks my world. He told me to chill. I really should listen to people more.

The group thing is not working as well as I had hoped partly because I do feel left out because I can't stay the full time, which wouldn't be as problematic except one of the members has made it seem like it is. It's a matter of coordination, and I just need to stop letting her and them bug me. And regardless of what they say, even though we are taking the first MBE tomorrow, I will still be working on questions an hour each day until I know I can easily score over a 130 on that part of the test.

I'm going to treat this like a job. Study during the day until 5 or 6, and then have the evenings off. Study maybe two or three hours on weekends, but for the most part I'm going to try and give myself those days off. My sanity needs it.

But for now, it's back to answering questions since we are taking a simulated MBE tomorrow (ugh) and it would be nice to at least get 50 questions right on the first try, but I know I'll do better.

Oh yeah, and I promise not to let the group get to me. At least I'll try. I think we're driving each other crazy!! ::laughs::

June 7, 2003

So far, after four jello shots and a mudslide, my liver seems to have survived. I can't say the same for a few friends.

It's rather sad. I think I'm beginning to understand why so many of us enjoy drinking. It helps us escape from the stress. For once, at least right now, I appreciate that brief respite.

June 6, 2003

Cell users can keep their numbers. It's about time. It may be too late for me when I switch carriers in July (from Sprint to Verizon no less), but at least it's a start, barring appeals and/or any injunctions.

June 5, 2003

Ashcroft wants to expand the Patriot Act. Pardon the language, but national security my ass. What about citizen's rights? Do we just not matter anymore? I bet anything that Patriot II will be introduced soon now that he's made these comments, and I can only hope that legislators have a more steady head on their bodies to let such a dispicable piece of legislation burn right in its tracks.

June 4, 2003

Verizon to release the names of file swappers. Their appeal was denied, giving the RIAA another undeserved win. It just baffles me that these judges refuse to see how dangerous the DMCA is. Not just for its chilling effect on free speech, but also all the other unlimited rights and police powers it gives to copyright holders. Why are they not disturbed by this?

Coming soon: Spike Lee TV. Apparently, the director thought they were naming the station after him. Of course the first thing I thought of when I heard about Spike TV was James Marsters. Just think, our favorite vamp on tv 24/7. That Billy Idol look. Those perfectly sculptured abs. That accent.

Bloody hell, it's a shame I was wrong.

It's possible to pass the bar having graduated from the first internet law school. Yay for those who did pass.

June 2, 2003

McD's sues Italian critic because the guy just didn't like the fast food's meal. Seriously, not everyone is supposed to like rubber.

May 31, 2003

Streisand sues over a picture of her California home. She claims it's an invasion of her privacy.

Why oh why do I not have any sympathy for this woman? Not because of the impending lawsuit, but just in general. I've never been a fan.

May 29, 2003

Philadelphia defies the Boy Scouts. Chapter decides to include sexual orientation in its nondiscrimination policy. Now this is sweet.

May 26, 2003

A Colorado judge has thrown out a death sentence where the jury used the Bible during its deliberations. I got chills reading that they were even allowed to consult the Bible. A jury is supposed to follow a judge's instructions, not a book. I'm shocked it was even allowed in the room with them.

May 25, 2003

Wang sued over needle. A client stepped on a needle in the store where she was trying on one of Wang's bride's dresses. She even stated that the floor was littered with sewing materials. She just thought it would be smart to walk around barefoot.

May 16, 2003

Decision to be made in the DVD copying software case involving the entertainment industry. I'm seriously worried about the possible outcome of this case.

May 10, 2003

I just checked my voicemail, and there was a message from L. Apparently, at the SBA party last night I was voted as the 'most likely to be on the cover of Time Magazine.' Um, sure. I'm amused now. Me? LOL.

So, I paid $500 for the bar so I can type the sucker, and now I have to pay $52 more so I can use a laptop. Damn it, I'm a law student with loans. Do they think money grows off trees for me? I just had to pay this month's rent too. I'm not amused.

May 1, 2003

Half the people I know passed the bar exam and the other half didn't. But to those who did pass, Care, Mere, C. and Frank, CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!

April 29, 2003

The Supreme Court has refused a cyber case that would determine the jurisdiction of the website. Basically, as it stands, the owners of the site are being forced to defend against the lawsuit in Washington state instead of Colorado where they are based.

Walmart sued for sexual harrassment. Plaintiffs in the case are seeking to gain class action status.

April 28, 2003

I'm at 1754 words. I'm assuming it has to be a total of 4000 since it's a 15 page paper. The writing requirement is 6000 words, but I don't need to do that. I'm tired!!!!!!!!!!!! I haven't cracked open an outline yet for DTPA. Perhaps I'll learn it tonight by osmosis. You know, put it under my pillow and hope the rules of law seep into my skin and memory.

April 27, 2003

Spent most of the day studying for DTPA and pretending to write my paper. Papers should just write themselves even if it is just 15 pages. I just can't bring myself to write it.

The weekend was pretty much calm. I worked on Race and Racism on Saturday, and that was pretty much it.

Friday, Friday was amazing. It was fantastic. I met Dallion and his girl who was really nice. Oh, and did I mention? I saw Tori Amos.

The concert was by far the most memorable. I was about ten rows from the stage on the far right side. I was afraid it would be a standing concert, and that I wouldn't be able to see because of it, but it wasn't. Everyone stood when she walked on stage, but then sat down when she sat at her piano and started playing "A Sorta Fairytale."

She is a goddess.

Her voice sounds exactly the way it does on her cds, and she's just an amazing musician. I loved the way she'd switch between pianos, or the way she'd play two at a time. Her posture, her movements, her singing. It was just wonderful. I'm such a dork. I cried when she started playing, and tears threatened to spring up again when she played "Precious Things." Yes, she played that song. I was exstatic! That and "Cornflake Girl," but nothing compares to "Precious Things."

Of course, listening to the live album just doesn't do it for me anymore. I'm amused.

And I ended up being $35 poorer after buying the cutest t-shirt. But, it was so worth it.

April 24, 2003

Well, it's official. I had my last law school class today. No more seminars. No more lectures. No more tyrannical practices of the socratic method on unsuspecting students (or in my case, unprepared. oops). No more school! No more class!

In three weeks I'll be graduating.

April 21, 2003

This case makes me ill, especially with the strategy the defense plans to use. Since when is sex consensual with a 13 yr old child with an IQ of 65?

April 15, 2003

Sex sells but Puma doesn't like it. At least that's what it claims by sending out Cease and Desist letters to bloggers asking them to remove a questionable picture.

April 12, 2003

“To announce that there must be no criticism of the president, or that we are to stand by the president, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public.” — Theodore Roosevelt.

April 9, 2003

The Fiesta Farewell was today, and it finally hit me. In about a month's time I will be graduating from law school (hopefully). It was hard to believe, but now it's a reality. Standing there on the rafters next to my fellow 3Ls as they took our picture, it seemed rather surreal. The wind was blowing, many of us held margaritas, and by the time they took the Section C picture it felt like we were 1Ls for one brief moment standing for a retake. Almost everyone was there, including those who had graduated last semester, and it was so nice to see them all again. Afterall, we were Section C, the roudiest section of 1Ls that year, and the most memorable of the last few years. And among those standing were friends and companions, people I hope I never lose touch with no matter where I end up in life.

Oh my goodness, I'm graduating!! No more school. No more homework assignments. No more roll sheets to sign as proof that I attended class. Sheesh. Oh yeah, and no more Dean P.!! Let the celebration begin on May 17th.

April 6, 2003

morality

In Utah the court has decided that it has no authority to fire a teacher soley because of her sexuality. Only the school board has this authority if it finds that the teacher is immoral.

April 4, 2003

The RIAA is suing students for file sharing. I'm wondering how the RIAA got into the private networks, unless the schools granted them that access. It is rather funny that they're suing for that much money. Money a college student obviously doesn't have.

April 2, 2003

I don't think I've ever been more embarassed to be a part of the SBA as I am now.

March 30, 2003

I have a headache, and we can thank the SBA for that. The meeting tonight was over two hours long, and we just barely had a quorum. After today I can pretty much guess why no one wanted to show up.

There's a scandal behind the SBA Presidential election. Basically, there was a discrepancy, and we had to make a decision as to having another run off election. No one knew what I saw, and when I brought it up it seemed to have influenced the vote. The thing is I have never seen such heated arguments. It almost ended up in a fight. That's how heated things were, and I think it shocked everyone, including A. I stand by my vote, and I stand by the decision of the senate, but I hope I never have to see that kind of antagonism ever again.

And for once I am proud of the SBA for another decision that was reached. The dean cancelled the 1L Orientation set for this Wednsday because he didn't like that it would partly conflict with his Brown Bag Luncheon, and he didn't like the professors chosen to speak at the orientation because they did not agree with the law school's theology (his theology). When A. asked if he had any professors in mind, he replied that he would speak. When A told us, the outcry in the room was classic. This man cares more about reputation than the students. His so-called luncheons are worthless. He never answers the students' questions, rather he conveniently avoids them by refering to another dean, or by evading the question completely. So the SBA basically agreed to ignore the dean, and we're still holding the orientation for the 1Ls since they're in a panic. Registration starts tomorrow for them, and they have no clue what they should take since the same dean instituted a new curriculum. Had the orientation been canceled, there would have been an uproar. Maybe that would have been better, but then again the school administration doesn't give a damn.

March 28, 2003

Ha! Something news worthy. This case was argued recently before the Supreme Court to determine whether gay sodomy is a fundamental right. I don't know how council did it because I would have lost my cool trying to fend of questions like those asked, especially from Scalia. Then again, that's what makes it so exciting.

I hope they strike down the state law. Sheesh, only in Texas.

March 26, 2003

A milestone of sorts was reached today. I went to pick up my graduation invitations. Of course now I have to mail them to my mother because she's going to send them out.

It doesn't feel like I'm going to graduate. There are still so many things left to do, which is why it's hard for me to swallow that it's just right around the corner. It hasn't stopped senioritis from settling in. My friend and I were joking yesterday about how finals were 5 weeks away and we hadn't read anything for any of our classes. Of course we can't tell 1Ls this because they look at us in utter shock. We 3Ls don't read. I do sometimes, which has garnered me the title of nerd on those occasions I actually mention that I read the day's assignment, but this semester has also been the one were I've passed twice in a class. I hate having to say 'pass.'

I have so much to do. It feels like I do. There's the 15 pager on fan fiction for my copyright class that I have yet to start, and the treaty analysis for my International Human Rights law class has to be written, much to my chagrin (sp?). 2,000 words to be exact. That's like a 10 pager and it's only 20% of our final grade.

Let me see, morphia still doesn't have a layout, and my poor neglected personal website needs a serious update. Today I need to fix the rest of the cgi on my domain and post up the challenges and new writings I've received. Four of us get the entries and I'm the only one putting up the damn things. Why? Well one I know, but the other two are lost in limbo. They said they would help me out with this, but have they, no. That irks me. It irks me more that one of them is supposed to be my friend, and yet he doesn't have the time of day to send me an email or even log on. At all. Last time I heard from him was Christmas. And I know he hangs around the forum, but does he even leave a message to say hello? No. He doesn't even post! He doesn't participate. Neither of the two do. Neither of the three actually, but the third one is excused because I know his reasons.

It's time for me to find new volunteers otherwise my domain is going to fall apart this summer, and I will not be amused.

March 4, 2003

Another ADA case to go before the Supreme Court. Should a rehabilitated drug user be allowed to sue for discrimination under the act when his former employer refused to rehire him?

I know I'm going to get yelled at, but, NO, NO, NO.

You do the drugs, you get caught, you lose employers trust. Not just that, you're not disabled. Doing drugs is a choice, not something you're stuck with due to accident or birth. You're addicted, too bad. I'm sick and tired of people like this man who decide they're disabled because they have an addiction. Well, you started it. The money they get they don't deserve. Why? Because people with real disabilities are the ones who need it, the ones who get cheated out of it to help pay some loser who did coke and now thinks he needs protection because he's so-called disabled. No, you're a loser, and had you stayed away from the stuff you'd be just fine. Your're not the victim, you're the idiot.

An employer has every right not to rehire you. Why? You lied. You used drugs and got caught red handed. How dare you use the ADA to try and reclaim a job you don't deserve. It's like asking an employer to rehire you after you embezzled $1 million dollars. Who cares if you went to rehab to teach you that your compulsive tendencies to steal were wrong, and now you won't do it again. That's your fault, and it's against public policy to require any employer to rehire an employee based on the ADA or anything else. Not just that, it hurts business. I mean, what's to say he won't do coke again, or whatever drug it was. It puts the business at risk, and it can put people at risk depending on what that job is.

Stop abusing the ADA, own up to your own mistakes, and look for a job somewhere else.

California has decided to withdraw its petition to the Supreme Court in the case of Medical Board of California v Hason, which would challenge the constitutionality of Title 2 of the Americans with Disabilities Act. At stake: people with disABILITIES would not be allowed to sue a state violating the ADA should the court decide that the title was overly broad. Thankfully, Cali decided not to proceed, so there will be no arguments on March 23. And I'm just babbling.

The Court of Appeals in Miami heard arguments today challenging a law that bans gays and lesbians from adopting children. I don't know what the court will decide, but discrimination based on sexual orientation is unjustified and the law should be overturned.

February 26, 2003

Judge duct tapes defendant's mouth. It just had to be Texas.

New child porn law passes the senate. Two questions: how does anime slash aka yaoi fit into this, and if there are still questionable provisions in the bill that may affect movies such as Romeo and Juliet, couldn't this restrict free speech? Also, how do they define 'obscene?'

I admire this girl. She has a lot of guts to defend what she believes in, and I wish her well.

February 21, 2003

In other news, looks like these irresponsible parents are at it again. After amending their pleadings, they are again trying to find McDonalds responsible for their children's obesity. Yeah, letting your children eat fast food every single day is unhealthy, especially since it's common knowledge that that's what greasy food does.

Custody of a child is granted to his transexual father in Florida of all places. And here I thought that the 'best interest of the child' was no longer something to go by in their courts. The ruling is truely astonishing. I wonder if it's on Westlaw.

Now they just need to work on their adoption laws.

February 20, 2003

I'm hot, you're not.

This should be a surprise, but the more I think about it, the more it makes sense. The website Hot or Not is contemplating suing the reality show for trademark infringement. Honestly, it looks like they have a case since I actually thought the show was based in part on the website, and apparently I'm not the only one.

A new bill is being introduced as a middle ground in the fight between the RIAA and MIAA and the consumer regarding copyrights. The new bill would require copy protected hardware, cds, dvds, etc to have labels, therefore giving the consumer an option as to whether they will want to buy it or not. Sounds like an excellant plan to me.

February 19, 2003

Anti-Terrorist message censored by a high school. A student wore a t-shirt that called Bush an international terrorist and he was promptly sent home. The school thought it would offend its large population of Arab Americans. Um, yeah...

February 12, 2003

It was a close match, but we didn't make it to finals. Yes, I'm disappointed.

February 11, 2003

US Patriot Act II part 2

I mentioned this last week thinking it was maybe a hoax but still something to keep an eye on in the near future. Unfortuneatly, the article confirms it's not a hoax.

I realize that national security is important, especially since Americans are not used to being attacked on their own soil. Measures are needed to insure our safety, but this need not be at the risk of giving up our civil liberties. The first Patriot Act has already lead to some abhorent circumstances. Immigrants detained with no due process rights. Many of them jailed for months without being properly charged. The government has given law enforcement more powers to listen in on conversations, and a 'suspected' terrorist has no attorney - client privilege. What ever happened to the whole innocent until proven guilty.

The new act proposes to eat away at more of our constitutional rights. Secret arrests? Basically you can be whisked away and no one will know where you went because the arrest was secret. Kind of like the secret tribunals that are in existance now where no one is certain that the people on trial are having a fair trial.

Is this what America stands for?

February 10, 2003

Thank you, thank you, thank you. The ABA has decided to step in and contest those policies dealing with 'enemy combatants' and government surveilance.

February 7, 2003

US Patriot Act part II

I'm not sure if this is true, and I have to go back and read it. But if it is true, then there could be serious issues in the near future.

The bad first:

What I thought would be a weekend of slacking off, relaxing, has just become something else. I actually have to do all of my assignments this weekend. Just in case....

The good news:

I made it into semi finals. I made it into semi finals! And my partner and I ranked second out of all the teams. I can't believe it! It's wonderful and stressful at the same time. I think we go against 2Ls on Monday, which isn't a guaranteed win. They could be EAP. Why they let the External Advocacy Team compete, I don't know why. My experience with them has been that they're mean. Funny, my partner and I were told we were too aggressive yesterday. Oops. The other side objected on my cross. The objection was leading. Um, yes. Overruled. Judge also said we weren't objecting enough so I need to work on that this weekend. Crash course on Evidence, woo-hoo.

Ugh, I woke up with a migraine.

February 6, 2003

Cincinnati has expanded a hate crimes law to include sexual orientation. Opponents of the expansion claim the law is providing special protections to gays and lesbians. Hmm, protection against racist crimes is ok but not for sexual orientation? These homophobes are so funny.

January 30, 2003

In an effort to protect internet privacy, Verizon has asked for a stay to prevent having to turn over information on a file-swapper. The thing that surprises me, and I wish I had caught when I read the DMCA, was the fact that copyright holders can get subpoenas without a judge's signature. How is it that Congress let this through? You can't get a subpoena without a judge's approval in trials, what makes this so different? It screams, "abuse me."

January 29, 2003

In other news the RIAA is crying foul. Seems their website was hacked again in protest of their bullying behavior towards consumers. Their free speech rights are being curtailed, so they say. Really? This coming from the same group that has stifled free speech with the DMCA.

January 27, 2003

There's an SBA meeting on Thursday. Just great. Law school is beginning to own me again this semester. Next week I have mock trial, and the week after that I may still have mock and SBA. Why do I get myself involved in these things?

I mean I am looking foward to mock trial, but SBA has been such a disappointment. I should have listened to my friends when they said it would just be about parties. All talk and no action. We say we're going to defend the students when it comes to the administration, but the President is more about appeasing them rather than standing up to them. It's just frustrating.

January 22, 2003

A judge has just dismissed a suit against McDonalds because it failed to prove the fast food chain was responsible for children's obesity. Here's some advice for the lawyer. Sue the parents.

January 20, 2003

Music jobs are at risk of being lost thanks to music piracy. This is of course coming from the big recording industries in Europe. The same part of the industry that overbilled on its cds.

January 18, 2003

I passed all my classes. Hurrah, hurrah. Now I just have a semester left and voila, I'm done.

January 17, 2003

The Cali Supreme Court has accepted to hear a case involving a high school student who was arrested and sentenced for writing violent poetry.

I'm a terrorist.
I hate George Bush.
He is the devil's spawn
and Allah
just doesn't like him. Now,
arrest me damn it.

/end bad poetry

January 15, 2003

The Sonny Bono Act has been ruled constitutional by the Supreme Court therefore, extending copyrights for 70 yrs, and 95 yrs for corporations. Looks like Mickey Mouse won't be entering the public domain for another twenty years assuming Congress doesn't pass another copyright act extending the limits longer.

Copyfight has more details on this decision.

January 14, 2003

The last hour has been spent in distraction techniques that seem to be working. All my grades still aren't in. I'm missing two, and in the meantime my GPA for the semester is 2.9, which is great except that I'd like to know. I need to know. I'm scared to death that maybe I didn't pass Professional Responsibility. The final paper was just awful, and I turned it in thinking it sucked, and the thing is I didn't know how to improve it because it was all subjective, and the problem seemed to have no solution what so ever. The whole class gripped about it. What's worse is that the teacher has been suspended, so I may end up with a pass/fail. I need a pass and I need a passing grade in Arbitration, or I don't graduate in May. I have every right to freak, yet I shouldn't because I was told the PR prof doesn't believe in failing students. I got this from a student = hearsay. Ugh, I just want my grades in. I want to make Dean's list too, but I doubt that will happen.

I need to calm down. Really.

On the upside choir was fun. Daniel decided we should sing a Copeland song, and when we realized it was Ching-a-ring Chaw, Katie and I groaned and then laughed. We sang it two years ago when Laurel was the director, and we realized we really don't remember the song as well as we thought. At least I can sing the 'ching-a-ring-a-ring' parts. Let's forget the part where I shrieked a few notes higher because I thought it was supposed to go that high. I think I sang Soprano 2 last time, and that's why I got confused. There were so many good sopranos that year that the director divided us up, and we each took turns at Soprano 1 and 2. I even sang Alto 1 for 'House on a Hill' (which I would love to sing again, even as an alto!) by Copeland to compensate for the lack of altos compared to the abundance of sopranos. The last two years I've been strictly a 1, but who knows what might happen this semester. Many of the Soprano 2s have been moved to the alto position.

Anyway, I love choir, and I love that we get to sing Scarlatti and Shubert and Copeland, and a really weird Bernstein piece with some wicked high As (yay!).

And tomorrow there is a new Angel. I may have to skip the recaps. I don't want to see a recap of the whole pity sex. EWWW.

Random, quirky blogging should return tomorrow.

One thing, this agreement does not sound good. Not all companies joined, and it has halted legislation regarding the addition of a mechanism to prevent copying, but somehow I feel there is a catch. Oh, and my copyright professor has ordered us not to buy copy protected cds. I never intended to. hehe

January 8, 2003

Nothing big today. The morning just started out too rushed, and it ended with me not doing anything. Strangely enough I actually used my carrel and read for tomorrow, and not at the last minute. I think I'm scaring myself. ::laughs::

I ran into J. and the first thing he asked me was if I got the A in Trial Advocacy. He wouldn't let me say anything else until I answered him. I told him that I did (I so rock, litigation here I come), apparently another student and myself in our section were the only As, but he's not even sure about her grade, and he insisted I talk to Judge S. because he's interested in giving me cases, especially since he heard I'm staying in San Antonio. I'm not sure adoption is my thing, but I'm not complaining. It's cool. The judge likes me, and honestly he was a wonderful adjunct. I learned so much from him.

Yet, I feel guilty even announcing that I got the A. Oy, issues.

I also found out today that one of my profs was suspended, so I may not get that grade at all this semester. I ran into R. and he said that the worst that could happen was that we'd end up getting a pass. I still don't like it though.

Ah, the lovely gossip here at law school. It's a killer. Thank God I'm graduating in May. Another good thing, Brookie is in my DTPA class.

As for the FE's livejournal, I still don't like it. Yes, it's funny, but it's not original and that just irks me. It irks me because whomever is behind it is obviously aware of Cassie's style of writing and is using it. And sure, that's fine. What peeves me is that everyone not familiar with Cassie, sees it as original, and it's not.

January 7, 2003

Watching: Buffy, the Vampire Slayer

My hand is finally getting better. It blistered up and burned for a while, but it finally stopped hurting today. I'm still trying to take it easy, but tomorrow I will start working on the domain again.

Great news hit the wire today. The Norwegian kid who created DeCSS has been acquitted. Now I'm waiting for the DMCA to be declared unconstitutional.

January 3, 2003

Well, grades have started to go up. So far, I only saw one, and I'm happy. I received a 'B' in Health Law. I admit I wish it were higher, but I can't complain, right? I beat the curve in this one, and that's just good. I will cry though if I get anything lower than an 'A-' in Trial Advocacy. I worked so hard for that class. I deserve an 'A', or rather I would like one.

January 2, 2003

Listening to: Balligomingo - Beneath the Waves

Ok, I can't believe it. I'm actually anxious to get back to school. Why? Well I miss everyone. A bunch of us in §C are close, and they're all in SA right now getting ready for class on Monday, or at least pretending too.

It's funny. 1Ls are so shocked when they see us not panic during finals. We're so laid back (it's a facade), and I guess it's because we know what to expect. At least we'd like to think so. Now they get to start their second semester and I'm about to start my last. Now I know how my buddies felt when they graduated last month. It's almost here, and I think senioritis too.

Back I say!!

Grades aren't up yet. They were supposed to start going up today, but either the network hates me, or it's a school conspiracy. Both are very possible. One of my classes was canceled so I'm going to try to get into Mediation. If I get in, I'm dropping International Human Rights and adding Copyright Law. If I can't get in, then I'm still getting into Copyright Law because there is no other class I can take unless of course it's full, then I'm screwed. I've done my fair share of bar courses, and the ones still available are either taught by bad teachers who love to fail students, and/or they're offered at a bad time.

At least it's almost over, but I know that's the least of my worries.