Thursday, January 29, 2009

We Real Cool

So, it has been too long.

I am not planning on posting any of it, but I love poetry. Writing it, reading it, listening to it.

Few words, much emotion. Just can't be competed with.

Last night my girlfriend send me a link to a poem that sparked the love again.

http://www.poets.org/viewmedia.php/prmMID/15433

Now, and trust me on this, read it in your head first. Then read it out loud to yourself.

Then listen to her read it. If it doesn't blow you away, I don't know what will.

Enjoy

Here are the words to it for those who are interested:

"The Pool Players. Seven at the Golden Shovel."

Gwendolyn Brooks

We real cool. We
Left school. We

Lurk late. We
Strike straight. We

Sing sin. We
Thin gin. We

Jazz June. We
Die soon.

Tuesday, January 27, 2009

"I-Don't-Think-I'm-Smart-Enough-itis"

Far be it from me to mock another person for any insecurities they might have. Those in glass houses shouldn't throw stones.

Then again, should we have to deal with their neighbor, who also lives in a glass house, walking in the nude. Did I mention my neighbor is a large man with back hair? You would have some desire to throw a stone or two, wouldn't you?

I have been accused of being verbose throughout my life. Admittedly, I enjoy the challenge of "speaking intellectually," as my brother coined it. Words demonstrate ideas better than any other medium. Language paints pictures almost as well as the finest oils and pastels. And yet, we abuse the power of communication nature has bestowed upon us.

Example 1) "Ulysses" by James Joyce. The following is a small excerpt of what my girlfriend has termed "literary masturbation" (that is, the author wrote it just to feel good about what he could create... nice image, eh?).

"Solemnly he came forward and mounted the round gunrest. He faced about and blessed gravely thrice the tower, the surrounding country and the awaking mountains. Then, catching sight of Stephen Dedalus, he bent towards him and made rapid crosses in the air, gurgling in his throat and shaking his head. Stephen Dedalus, displeased and sleepy, leaned his arms on the top of the staircase and looked coldly at the shaking gurgling face that blessed him, equine in its length, and at the light untonsured hair, grained and hued like pale oak."

I consider myself to be well read, to possess an expansive (though not all-inclusive) vocabulary, and to make every attempt to continue to learn the nuances present in the English language. I have not a clue as to what "untonsured" means. Contextually, perhaps it means messy; the dictionary says... actually, I couldn't find a definition in any online dictionary. That is how unnecessary James Joyce's style of expression has become.

Example 2) Legalese. Fortunately, the modern world has learned not to concern itself with this particular brand of speech. In writing, however, the what-to-for, wherein, and therefores of the world find their basis in the legal world. John Marshall began the American legal tradition of overusing unnecessary words in Marbury v. Madison.

"If the transmission of a commission be not considered as necessary to give validity to an appointment; still less is its acceptance."

Of course I, and likely most people, can understand this. But why, oh why, should we have to parce through overly complex langauge to get to a point made in plain language: "Appointments are valid regardless of whether the appointment has been delivered; acceptance is unnecessary as well." TA-DA!!!

Finally 3) Law students. Today one of my fellow classmates was asked whether a statement that a car was in "A-1 shape" constituted the creation of a warranty. His response? "I consider 'A-1 shape' to be a more nebulous statement as to the quality of the car, not a specific statement as to the actual quality of the mechanical quality of the car. . ." or something like that. The key word to take away is "nebulous."

Everyone in the room understood every word spoken. Then again, everyone in the room laughed. Why, one might ask? He answered the question
very well (correctly as well, though he failed to consider the alternative). He used a few large words (somethign I appreciate from time to time, though when the situation calls for it). Then again, his answer could have been summed up quite succinctly: No. It is not a warranty.

Lesson of the day? Stop talking, writing, or spouting off in any way unless necessary. Even if it makes you feel better about yourself, just stop. We are all laughing anyways, and you are making it worse for yourself.

Yeah, so says the guy who has now written a lengthy post on the failings of verbosity just to prove to himself that he could.

Monday, January 26, 2009

The Supreme Court

The highest court in the land. The place of final jurisdiction. The Court about which Justice Jackson (a giant amongst Supreme Court Justices) said "We are not final because we are infallible, but we are infallible only because we are final."

Every attorney in the nation has an abiding hope that their turn will come one day to stand before the greatest legal minds of our time. Each one of us looks forward to the success to come after decades of struggling to gain recognition enough to be permitted before that hallowed bench.

Well, almost everyone...

Lindsey Harrison broke the mold today. Few attorneys get to enter the Supreme Court Bar. Even fewer argue a case they have invested themselves in (let's face it, most of them are partners and hardly do any reading outside of their Porsche... where they do none).

Lindsey Harrison, you are in an enviable position.

Good luck, or, as Latin (the language of law "they" say) goes: operor non suffoco (Don't choke!)

Saturday, January 24, 2009

The Man

This is my brother.



He is old. One can see this in the fire blazing before him... Which he is warming his hands by.

Something about birthdays shows change, but loss. Some time to lead toward our goals undaunted by any possible setbacks yet to occur. A year passed by with some of our dreams missed.

Here is to the next year and making every one of them come true.

The greatest thing in this picture is my sister in the background.

Something about being young and fire allowed in the house attracts children of all types.

Oh birthdays... Symbolic meaning and fire. It gets no better than this.

Home Made Love

Is there anything as satisfying as macaroni and cheese?

This has been an excuse to attempt mobile blogging.

Thursday, January 22, 2009

The Wide World of News

Today in the news, American courts have jurisdiction over RUSSIA!!!

Don't believe me? Please, read this glowing account of American arrogance.

I understand the need for the preservation of historical religious artifacts, but there are a few issues begging to be asked here: first, under what theory of law did the District Court gain their jurisdiction. Property which never entered the United States, currently is the property (which apparently is not the simple act of possession, but the right to exclusive possession, conversion to another of that right, or the right to exclusion of the property from another person or persons) by a foreign state, and is, roughly estimating, 6,000 miles from the District Court issuing the ruling.

Rather unfortunate the ruling wasn't passed down in Alaska, eh (no pun intended, my Canadian readers)?

Second, the ruling was passed down under international law. Should the international court system, toothless bite and all, be the venue in which the matter is presented? Seems to be that would be the logical place, but with my six months of legal education what do I really know?

Finally, if the U.S. District Courts can hear cases over Russian property and the Russian state, well, why, in the good Lords name, didn't we exercise this unlimited jurisdictional potential during a brief fifty year period called THE COLD WAR?!?!?!

I can see the complaint now: "Joe Shmoe, citizen of Middleofnowhereville, USA, filed a motion for injunctive relief against Russia to stop being Communists."

Oh what the Cold War could have been had we only known of our judicial system's potential.

Wednesday, January 21, 2009

Subject to Fits of Whimsy

Often times I get lost in my world of legal nonsense and fail to peek out over the books and read something for fun... Today was not one of those days.

Sure, I finished my homework for tomorrow and Friday. Sure, I demanded of myself that I keep on track with my "No Cs Corso" plan for the Spring 2009 semester here at SCU law.

Then again, the new edition of GQ showed up. Contained therein was a blurb about this fabulous website: Rim Shots Galore (I swear to you the link heads to comedy, not pornography, though it sure does sound like it would be.)

From there, I made my way to this gem of a site.

Not sure what the page you have been sucked into shows? Remember the old 1-800-DENTIST commercials with the mildly attractive woman sitting at her desk, speaking emphatically to the nonexistant audience before her regarding the benefits of good dental work? This site finds people just like that, but more attractive, and publishes them for "fan-boys" the world over to ogle.

Disturbing, no?

No. Pretty funny.

Even better than the blatant sexism in the site is that you can "rate their helpfulness" simply by clicking the stars below their pictures. Somehow these webcreatures determine how much aid these women would actually provide in servicing your, uh, calls.

There are times when I wish I had gone the way of my brother and embraced my dork; this may be the greatest one of all.

Do they have a hotline to help you get in touch with your inner nerd?

Tuesday, January 20, 2009

Underwhelming...

What is the first word to go through my mind listening to President (YEEEE) Obama's speech today?

No grandiose guarantees assuring the place of the United States in the world; Simply knowledge of the extant capabilities, enduring philosophies latent in our constitutional system of government, and a world seeking a new direction amidst a haze of overwhelming fear.

Maybe America needed to be underwhelmed.

Maybe we need the truth placed before us, waiting for this nation to rise to the call of duty.

Time to step up.

Edit:

I have had some more time to both listen to and read the speech President Obama (it feels good) gave this morning. I have some other thoughts.

First, what seemed a palid speech forewarning of a dark future was hardly that; it was an admission of fault. I have to give President Obama credit for standing before the nation and speaking to them as adults. Here is the quote that brought me to this conclusion: "Yet, every so often the oath is taken amidst gathering clouds and raging storms. At these moments, America has carried on not simply because of the skill or vision of those in high office, but because We the People have remained faithful to the ideals of our forbearers, and true to our founding documents."

No coddling. Little rhetoric, except that to paint a picture. Nothing to placate the masses. Simply this: "So it has been. So it must be with this generation of Americans."

The sentence belongs in the Holy Bible for the power it evokes.

This generation must carry forth the new age of republicanism in America. This generation has been given a society faltering. This generation must not only find the solution, but display it in its actions, in its intent, and in the standard we create from here on out.

I will indulge rhtoric for a moment and convey this quote, simply because of its beauty: " What the cynics fail to understand is that the ground has shifted beneath them - that the stale political arguments that have consumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works - whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward. Where the answer is no, programs will end."

This promise has too long passed the lips of politicians with no action garnered to further their rhetorical guarantees. If the President does nothing to make this true, his platform has failed those responsible for its election. If he attempts and fails, history will give him credit for being the President who dared to fulfill his promise, despite having gone "down in the blaze of glory."

If President Obama can lead us to the political promised land beyond partisanship and faulty ideas championed out of spite (and I am skeptical), American may fulfill the promise he spoke about today.

Saturday, January 17, 2009

I Blame Disney...

With a title like that the number of topics I could be writing on are varied: continued anitsemitism (the man didn't just hate Jews. His ignorance was so pronounced that postmortem rumors of Disney being in the deep freeze revolved around the hope for a world without Jews. The depth of human hatred is astonishing...); perhaps it could be the spread of mice as pets; or, maybe, it could be the modern need for "true love."

This isn't coming from a cynnical place. I am very happily in love, and proud to say it; this is coming from the years of watching many people hope for "wuv, twue wuv."

Jackie made me watch "Enchanted" today. For those of you who don't know, it is the story of Disney realizing how obnoxious every fairy tale movie they ever wrote was. Think of a princess stereotpe, they mock it mercilessly. It may be the greatest thing I have ever seen simply for those moments where nothing goes according to plan and the prince is run over by bicyclers (maybe I empathized with the cyclists?).

Regardless, my girlfriend, every woman within half a century of me, and future generations got their notions of love from movies that tell you that your love will arrive unexpectedly, with jokes, and roses, and no argument (except the one that shows how the two of you are meant to make it because you were ale to reslve a simple misunderstanding).

All I am saying is that this is ridiculous...

Kind of funny... or at least expensive and taxing on my wit. Either way, I wish that Terminator 2 could be seen as a modern love story... luckily for me, my girlfriend thinks T2 is a modern classic worthy of watching on a regular basis.

Ah yes, true love.

Wednesday, January 14, 2009

Inauguration Day

As has been public knowledge since I learned to say the word "president," I love politics.

My amazing girlfriend found a contest that lets me throw my metaphorical hat into the metaphorical ring: a chance to win a seat at the inauguration by writing an essay on what this one in particular means to me.

So, for you, I have copied it below. Sure I go with the political science and philosophical underpinnings, but behind it is something I have found to be stronger than ever: pride in my country.

Enjoy.

This historic inauguration holds a number of meanings for an even greater number of people. It is the culmination of President Lincoln’s promise of equality. A milestone in the civil rights movement’s “dream.” For some, as my grandfather noted, that we have “been given back the pride our county had lost,” a pride in the electoral process I felt for the first time in voting for the President-elect. The administration’s attempt at fulfilling these dreams underlies many citizens’ intent in voting for and supporting the inauguration of President-elect Obama.

Personally, all of the previous reasons resonate, but each exists under a challenge presented at the inception of this great nation: “whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.” In writing this in the opening passages of Federalist No. I, Alexander Hamilton passed on to the electorate a keystone of the American philosophy: that action must be dictated by reason, and that pure happenstance should be avoided in determining our destiny. Hamilton’s sentiment became responsible for the architecture of our American political, social and ideological structures.

President-elect Obama’s inauguration forcefully responds to Hamilton’s query: yes, we can employ reason to aid our society. Yes, we can develop tolerance and a humble regard for beliefs that vary from our own. Yes, we can elect a government not paralyzed by cognitive dissonance, but capable of synthesizing a solution representative of modern America. And, most importantly, yes, we have taken on our duty owed to the world: to aid the global society in their securement of the most important of values, that of life, liberty and the pursuit of happiness. The fulfillment of our potential as the glimmering “city upon a hill” will become the American standard, rather than forceful imposition.

This nation, built along the known edge of the world, has developed into the third largest by population, the wealthiest economically, and the most called upon militarily. International organizations such as the United Nations and the International Monetary Fund both operate within our borders and through our tax dollars, and yet our position in the world seems to decline each day because of the global acceptance of the “Americana” attitude. President-elect Obama represents an opportunity to refocus our attention to matters of importance both internationally and domestically. This inauguration represents an opportunity for the United States to resecure its place as a leader in peace and prosperity.

President-elect Obama’s inauguration represents both a fulfillment of the historical American ideal of a call to reason, and a clear message to our posterity that America stands for change. Our future, as Americans, has been secured by a return to our foundational ideals. Our past has been fulfilled through the acceptance of change. President-elect Obama offers an opportunity for both the historical and the future America to maintain this balance that we have found.

Monday, January 12, 2009

A Random Rant Revolving Around Nothing

First, I can now define the difference between law school and undergrad better than "a lot more work."

For those of you now out of college, please dig into your memory banks and find a few nuggets from that time. For those of you currently attending an institution of higher learning, open a text book to a random page. See how there is some funny anecdote, a comic or even a short biography of an individual central to the development of that particular area of study?

I miss those.

Second, law school doesn't look to be too bad this time around.

Admittedly, I did worse than I wanted. I am going to do what few law students would brave (still afraid of being made fun of about it?) and tell my grades. Torts: C+ Criminal Law: C Civil Procedure: B Contracts: B and LARAW (writing and research): C I am especially ashamed of my LARAW grade, but I suppose I needed to get beat down so I would have a reason to get back up and swing for the fences this time. After all, you only get hit by a pitch once before you learn not to stand precariously close to the plate, right?

I have begun the process of stepping up to the challenge, finally. I have mapped out study times, bought my supplements early and begun to read them in tandem with the cases and am committed to sobriety if it will give my mind a clarity it has been lacking for a while now. I especially hope that the last prong of my lawschool laundry list displays the seriousness of my situation.

I am trying to decide where to fly for my Spring break already. I have a respectable amount of money on a Southwest account, so if any ideas come to any of my readers, please let me know. I know more people have been reading this than are subscribed to it, so please pass along any suggestions.

Good luck to all of my fellow law students, continue to inspire the masses to the teachers, keep writing to the authors and journalists following along, and don't forget the Manishewitz, Maish.

Because that is what Maryland does... crabcakes and football. Crabcakes and football.