Thursday, February 19, 2004

It seems I have some pretty serious insomnia lately. Is it the stress? I feel I am getting so little done. Perhaps I stay up so late as to make myself feel more productive, but in reality I'm just spending the same amount of time--or even less--studying than if I had a normal sleeping schedule.

Wednesday, February 18, 2004

I have added comments to the end of my blogs! And a survey column!

No, I don't have anything better to do at 6am. I have been up all night writing my Lawyering skills paper, the thesis of which is: The facts of the instant case are insufficient to establish actionable Title VII sexual harassment....zzZZ....three-prong test.....ZZzzz....severe and pervasive...hostile work environment....*slumps over dead in chair*

oh well, the good thng about staying up all night is that I get to go to the dining hall breakfast buffet at 7am.

Tuesday, February 17, 2004

Some 5am thoughts on the proposed Federal Marriage Amendment, H.J. Res. 56/ S.J. Res.26

Here's the text of the proposed marriage amendment to the Constitution:

SECTION 1. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.'.

Now, curious and inquisitive in these matters as I may be, I am not planning on marrying a person of the same sex. But it certainly offends my notion of freedom to not have this option available to me should I choose to exercise it. Moreover, I am worried about the language in the second sentence. While most of the opposition is centered around the "gay marriage" controversy, I am extremely worried that this Amendment seeks to forever preclude unmarried cohabitants the right to legal benefits afforded even the most dysfunctional marriage.

In France, unmarried cohabitants can enter into a "Civil Solidarity Pact," whereby they have joint taxation benefits after three years, inheritance rights after two years, plus access to one another's health benefits. Similar statutes have been enacted into law in Canada, Norway, Belgium, the Netherlands, Iceland, Sweden, and Denmark.

In my opinion, what the proponents of the Federal Marriage Amendment are essentially saying is that a man and a woman can enter into a morally depraved, abusive, horrible marriage, and as long as it is on paper, they will be extended all the benefits of marriage, whereas a loving and committed heterosexual couple, or an equally loving and committed gay couple, are denied those benefits. With the divorce rate hovering above 50%, who's to say that marriage is as sacrosanct as the proponents of the amendment seem to be implying?

I am somewhat alright with a state statute prohibiting gay marriage, if that's what floats the legislature's (and constituents') boat, but to go so far as to weave the requirement of heterosexual marriage into the fabric of this country's Constitution is in my opinion a step back towards the days of moral patronism, and ignores the reality of the increasing number of unmarried cohabitants in this country.

What's next, prohibition (again)?

Monday, February 16, 2004

Valentine's Day

A year of complaints regarding the lack of flower gifts and general sweep-me-off-my feet tactics have paid off.

I was fed a very impressive home-cooked dinner of cheese fondue, lobster, steak, spinach ravioli, and chocolate fondue (with strawberries, pound cake, and bosc pears for dipping), amid the requisite dozen roses and two tulip plants. Who knew he was such a great cook?

Then we played poker with friends till the wee hours of the morning. And got drunk and passed out. A more perfect Valentine's day I could not have wished for.

In return, I gave him two sweaters and a shirt, all exactly one size too small. Yup, I know my man.
Dodging and squirming

This is an actual excerpt of the Feb. 10th press briefing, from the White House website.Read the entire transcript here.

MR. McCLELLAN: Good afternoon. The President, a short time ago, concluded his meeting with some economic leaders. This was a good discussion about the steps that we have taken to strengthen our economy, and the additional steps that we are calling on Congress to take to strengthen our economy even more, so that we can create as robust an environment as possible for job creation.

A lot of the issues that were discussed centered on addressing rising health care costs, promoting trade, making the tax cuts permanent, and passing a comprehensive energy plan. Those are all important parts of the President's six-point plan to strengthen our economy even more.

And that's the quick readout from the meeting. With that, I'll be glad to go right into your questions.

Q On the attendance records of the National Guard, it said he had 56 out of a required 50 points. Is that considered a good attendance record, do you know? Or do you know what the maximum number of points you can get --

MR. McCLELLAN: First of all, we were pleased to be able to provide you all with these additional records that just recently came to our attention. These documents clearly show that the President fulfilled his duties. And we had previously released some of the point summaries that you are referencing. There is more complete information relating to those point summaries that document the fact that the President of the United States fulfilled his duties when he was serving in the National Guard back in the early '70s.

Q Scott, a couple of questions I have -- the records that you handed out today, and other records that exist, indicate that the President did not perform any Guard duty during the months of December 1972, February or March of 1973. I'm wondering if you can tell us where he was during that period. And also, how is it that he managed to not make the medical requirements to remain on active flight duty status?

MR. McCLELLAN: John, the records that you're pointing to, these records are the payroll records; they're the point summaries. These records verify that he met the requirements necessary to fulfill his duties. These records --

Q That wasn't my question, Scott.

MR. McCLELLAN: These payroll records --

Q Scott, that wasn't my question, and you know it wasn't my question. Where was he in December of '72, February and March of '73? And why did he not fulfill the medical requirements to remain on active flight duty status?

MR. McCLELLAN: These records -- these records I'm holding here clearly document the President fulfilling his duties in the National Guard. The President was proud of his service. The President --

Q I asked a simple question; how about a simple answer?

MR. McCLELLAN: John, if you'll let me address the question, I'm coming to your answer, and I'd like --

Q Well, if you would address it -- maybe you could.

MR. McCLELLAN: I'm sorry, John. But this is an important issue that some chose to raise in the context of an election year, and the facts are important for people to know. And if you don't want to know the facts, that's fine. But I want to share the facts with you.

Q I do want to know the facts, which is why I keep asking the question. And I'll ask it one more time. Where was he in December of '72, February and March of '73? Why didn't he fulfill the medical requirements to remain on active flight duty status in 1972?

MR. McCLELLAN: The President recalls serving both when he was in Texas and when he was in Alabama. And that is what I can tell you. And we have provided you these documents that show clearly that the President of the United States fulfilled his duties. And that is the reason that he was honorably discharged from the National Guard. The President was proud of his service.

The President spent some of that time in Texas. He was a member of the Texas Air National Guard, and he was given permission, on a temporary basis, to perform equivalent duty while he was in Alabama. And he performed that duty. And the payroll records, that I think are very important for the public to have, clearly reflect that he served.

Q Scott, when Senator Kerry goes around campaigning, there's frequently what they call "a band of brothers," a bunch of soldiers who served with him, who come forward and give testimonials for him. I see, in looking at our files in the campaign of 2000, it said that you were looking for people who served with him to verify his account of service in the National Guard. Has the White House been able to find, like Senator Kerry, "a band of brothers" or others who can testify about the President's service?

MR. McCLELLAN: All the information that we have we shared with you in 2000, that was relevant to this issue. And all the additional information that has come to our attention we have shared with you. The President was asked about this in his interview over the weekend, and the President made it clear, yes, I want all records to be made available that are relevant to this issue; that there are some out there that were making outrageous, baseless accusations. It was a shame that they brought it up four years ago. It was a shame that they brought it up again this year. And I think that the facts are very clear from these documents. These documents -- the payroll records and the point summaries verify that he was paid for serving and that he met his requirements.

Q Actually, I wasn't talking about documents, I was talking about people -- you know, comrades-in-arms --

MR. McCLELLAN: Right. That's why I said everything that came to our attention that was available, we made available at that time, during the 2000 campaign.

Q But you said you were looking for people -- and I take it you didn't find any people?

MR. McCLELLAN: I mean, obviously, we would have made people available. And we -- Mr. Lloyd, who has provided a statement to put some of this into context for everybody, made some public statements during that time period to verify the records that the President had fulfilled his duties. And he put out an additional statement now to put this into context. He's someone with some technical expertise and someone that understands these matters, because he was in the National Guard at the time.

Q Scott, can I follow on this, because I do think this is important. You know, it might strike some as odd that there isn't anyone who can stand up and say, I served with George W. Bush in Alabama, or in Houston in the Guard unit. Particularly because there are people, his superiors who have stepped forward -- in Alabama and in Houston -- who have said in the past several years that they have no recollection of him being there and serving. So isn't that odd that nobody -- you can't produce anyone to corroborate what these records purport to show?

MR. McCLELLAN: David, we're talking about some 30 years ago. You are perfectly welcome to go back and talk to individuals from that time period. But these documents --

Q Hey, we're trying. But I would have thought you guys would have had a real good handle on --

MR. McCLELLAN: - these documents make it very clear that the President of the United States fulfilled his duties --

Q Well, that's subject to interpretation.

MR. McCLELLAN: No. When you serve, you are paid for that service. And these documents outline the days on which he was paid. That means he served. And these documents also show that he met his requirements. And it's just really a shame that people are continuing to bring this issue up. When --

Q I understand --

MR. McCLELLAN: No, no, no, no. People asked for records to be released that would demonstrate he met his requirements. The records have now been fully released. The facts are clear --

Q Do you know that a lot of these payroll records are --

MR. McCLELLAN: -- the facts are clear --

Q -- you can't read them. Have you looked at these? You can't -- how are we supposed to read these?

Sunday, February 15, 2004

I vant so suck your blood

I am such a sloth. A vampire sloth. I woke up at 2:30 today and made a huge ribeye steak and sauteed onions and fried egg with leftover fondue cheese from last night, ate it, and fell back asleep until 7:20pm. So now, it's 8:20 pm and I have just started my day.

Wednesday, February 11, 2004

Today I had a glorious, gigantic fuji apple, at the very pinnacle of ripeness. It was easily the size of both my fists put together, and filled my car with an enticing fragrance. I have never seen a more perfect apple. It sat in the driver's seat as I listened to a Norah Jones interview on NPR and thought of how many wonderful ways I could eat it. Then, I stopped at a red light right next to a homeless panhandler. I marveled at my good fortune, since I always want to give homeless people food but I rarely have food in the car with me. I rolled down the window.
"Want an apple?"
"Thank you, I love apples," he said.
Then, he smiled, and I realized that I had just given a very firm apple to a very nearly toothless man.

Saturday, February 07, 2004

Er, Al Sharpton for President??

I just took AOL's Presidential Match Test and found that I'm 100% in agreement with Dennis Kucinich (never heard of him)..but was quite surprised to learn that I agree with Al Sharpton 97% of the time! Hmmm.... Then it's Kerry at 86%, Dean at 81%, Edwards at 77% and Clark at 76%. And god save me, Bush at 20%.

Then, I clicked on Kucinich's profile and was disconcerted to find that "Peace activists, New Age gurus and people who practice alternative religions are among Kucinich's donors"
but wait! -- "many of them attracted to the Ohio congressman's stand on less-than-mainstream issues, such as a call for a Cabinet-level Department of Peace and his support for medical marijuana." Oh. no wonder i like this guy.


Torts sounds so much like Torture...

My Torts professor is perhaps the most boring person ever to walk the face of the earth. If the planet were being invaded by malicious aliens, we need only subject them to a Torts lecture, and they would haul their little green asses back to planet X in horror.

Further, as the TA so wisely informed us, it is a great unsolved mystery as to how his pants stay up during class. He has this extremely long torso, yet the pants seem to float in midair, defying all laws of physics. The only thing more disconcerting than the creeping suspicion that gravity has no hold upon this man’s belt is finding myself staring at his navel all period.
The drunken escapades of Karen, episode 405

yesterday, i got drunk twice, starting at 4pm and going strong till about 12am, then from 12:45 till i fell asleep.

my school had some reception for the new alumni center (read: free unlimited alcohol and food!), and i was not one to turn down an invitation to get drunk on the school's dime. then, we went to top of the cove for $3 martinis, of which i had only two, but still managed to be quite buzzed when by the time i left. then, i went to scott's house to watch friday and have a hypnotiq and malibu (my new favorite drink). Then i watched Lost in Translation (made me want to go to japan!). THEN i went back to tim's place and drank more.

thus, studying today has become quite arduous.



Monday, February 02, 2004

malicious content

my ie explorer was temporarily disabled two days ago due to an unnamed male conducting searches for "nude biker chicks" on my computer. the website somehow infiltrated my system and installed a PROGRAM into my program files that disabled ie explorer. i eventually detected and fixed the problem, but am now left in a state of rather acute paranoia...what else lurks in my computer that i am not aware of? further, what kind of webiste would want you to stop being able to use ie explorer? isn't that counterintuitive?

also two days ago, i dreamt that a murderer was on the loose in a downtown area. i woke and told aforementioned unnamed male, but we decided that since everyone in my dream was inexplicably speaking in chinese, this must be a dream about hong kong. anyway, i came home today and lo and behold, all over the news were reports of....a murderer on the loose in downtown san diego. no joke.

my dreams have been strangely lucid lately. i should really start writing them down again.

Friday, January 30, 2004

made my day....

QUICK! Everyone type "miserable failure" on Google and hit the "I'm feeling lucky" button.

HAHAHAHAHAHAHAHAA, thank god for the Internet.
Me: AARRGH! My wireless internet is failing to detect any sort of wireless signal!
Compaq customer support: Is your wireless card properly installed?
Me: Yes!
CCS: Have you rebooted your computer?
Me: Yes! I have also uninstalled and reinstalled my dsl router monitor, unplugged/plugged back in the router, twiddled with a variety of settings, taken out my battery, disabled/enabled my wireless card, etc. etc. ad nauseum…..
CCS: Did you check to see if you accidentally pushed the little button on the front of your computer that turns off the wireless?
Me: ……..oh.

Tuesday, January 27, 2004

This site is for the inner voyeur in all of us...and the deep dark thoughts we never ever wanted any one to know, but just wanted to get off our chests: Notproud.com

Very illuminating, and strangely therapeutic.

Sunday, January 25, 2004

This has been a relatively interesting evening at work. I talked to a dermatologist who is also a lawyer (but is currently not practicing law)...he told me that he actually wanted to attend law school and med school concurrently, and inside, i cowered at his dedication and obvious brilliance. I also helped out a rather computer-illiterate public defender who was doing research to defend a witness whose life is being threatened by a gangster. I really feel I helped someone.

I Googled "bad law school grades first semester" and found these encouraging words:

First Semester Law School Grades
This post is for whoever found my site searching for "bad grades first semester law school". My first semester grades were disappointing. I did not even make Dean's List my first semester and my class rank was decidedly unexciting. By second semester I had graded onto law review (for what that was worth -- more later on why law review was not my bag) and I got all the job offers I cared about (an interviewer teased me about my Torts grade once, but we laughed about it together and moved on). Now my school was very small and I happened to do very well second semester but the message is, everyone's just figuring all this stuff out, and so how you prepared for, took, and scored on first semester exams is not an accurate predictor of how you are going to do in law school or in life. It just isn't. Now you have a clue about what to do and how to study and what to expect -- you didn't before. So quit freaking out and turn your attention to the fascinating and baffling topics they're asking you to learn THIS semester. You are just as smart and full of potential as you were in September. Smarter, in fact. Go learn.

More on Bad Law School Grades
I don't have much more to say about getting off to a bumpy start in law school, gradewise. But good heavens, lots of people are doing Google searches or writing me about it. My heart goes out to all of those of you who were disappointed, heartbroken, shaken by your grades, who are now doubting yourself and looking to Google to make sense of it all.

Look, guys, I got a C- and a C+ my first semester of law school. (And two A-s and a B+, to be complete). I was 22nd in the class after that. The next semester I got two As, a couple of A-s, and another B+, and I was 4th in the class. I just kept moving up, and I graduated first. So it's not hopeless. You're not destined to have dismal grades for the rest of your law school career. They needn't hold you back.

Stop gnashing your teeth about what these grades MEAN about who you are and what you're capable of and what the Rest of Your Life is limited to. You are just as smart as you were the day before you got your grades. And now you know something you didn't know before: what to expect from law school exams. March your butt into your professors' offices and sit down with the exam and talk to them about it. We all know you studied your head off, but did you articulate what you knew, or did you study the wrong stuff, or did you have trouble identifying the issues, or were you a disorganized mess, or did you confuse the terminology, or what? Whichever one(s) it was, you're going to fix it next semester. The professor will help you, if you ask. And now you know to ask.

Thursday, January 15, 2004

I received a letter today confirming my acceptance into Santa Clara Law's summer abroad program, so I'M GOING TO HONG KONG!!! I'll be there from June 1-August 1, probably a few weeks before or after for extra vacation-time. The first month will be law classes and the second will be an internship at a HK firm. Yay!

Tuesday, January 13, 2004

the sadism continues..75 pages of reading for today.

how ironic that lawyers across the country argue every day to protect their clients from cruel and unusual punishment.

Monday, January 12, 2004

a few days ago, i answered the doorbell to a high-school aged kid who said, "is your mom or dad home?" "No..." I stammered, and before I could say anything else, she said "K bye" and left.

this is probably worse than the time me and sherry got carded to watch Bad Boys II.

Friday, January 09, 2004

I'm done resting. Sigh.

School is almost upon me once again, and I have a stack of horrible reading to complete.


I went to Tahoe for Christmas, and it snowed and snowed, so for anyone looking to ski this season, now's the time to go. I spent Christmas day riding through a blizzard--it was magnificent.

New Year's was at the Bonaventure. They did an awesome job of decorating the five-story lobby, and the rooftop garden room. Too bad the lines were too long and I did not get to see Oakenfold spin. I don't think Bonaventure security had any idea what they were in for when they agreed to host Giant. Around 2am there were epuddles in the hallways and cracked out people passed out on the lobby couches..it was hilarious.


My foray into Interior Design:

I have spent a good portion of winter break redecorating Tim's pad. For those of you who have seen the place prior to its metamorphosis, the change is amazing. As the unofficial decorator/indentured servant, I invite everyone to come and witness my very first interior decorating exhibit. The place itself has always held such great potential. Most of the furniture and decor were already sitting there, waiting to be placed and cleaned. It's priceless, really, watching a great-looking home emerge from the ashes of years of neglect and dust and random piles of porn (I found three stashes, but more doubtless exist). Here's a virtual tour:

We went for a modern, blue and silver look for the living room (element: water), a warm, lounge/wine bar/cafe atmosphere for the sitting room (element: fire), garden theme for the stairs (element: air) and an autumnal theme for the end of the upstairs hallway (element: earth). The decor moves from modern to old-world to nature, and finally the decadence of nature as expressed by the large poster of autumn trees in luxembourg, at the end of the upstairs hallway (which is also the natural end to the navigable hallways of the house).

Living room:
Where there was once a mass of blankets and an incredibly ugly couch, there now is a beautiful living room with a massive triptych of Ansel Adams photos, drawing attention to the high ceiling. Van Gogh's Irises hangs above the fireplace and Night Stars hangs next to the door leading to the patio. A multicolored tropical plant, kind of trippy looking and reminiscent of the Van Goghs, sits atop a wood and glass table in the corner of the room, where there used to be a pile of dust and junk. The ugly orange couch, until now the bane of my very existence, has mercifully been covered with a beige slipcover. A new blue rug with geometric accents in a grid pattern further adds to the modern feel of the room.

Middle Sitting Room:
In my opnion, the piece de la resistance of the house. Where there was once a guilt-inducing weight set and mishmash of desks and yet another horrid couch, there is now a cigar-lounge inspired sitting room and shiny bar setup. The color theme here is dark mahogany woods, red, black and chrome. A black leather loveseat sits on the wall facing the living room, in front of a dark wood coffee table. The paintings on the wall are a Paris Cafe/Brasserie scene (unknown artist) and two art-nouveau liquor advertisements: Cinzano 1920 by Leonetto Capiello and Martini and Rossi: Vermouth Torino, by an unknown artist. The two liquor ads sit above the loveseat, while the Paris Cafe painting hangs above a dark wooden park bench, flanked on both sides by palm tree and ficus plants. Two miniature palm plants sit atop the coffee table, which sits atop a deep crimson rug. In the corner of the room sits a rolling two-tier bar setup with chrome tray and coasters, ice bucket, bar gadgets, etc.

While pondering the modern/antique juxtaposition of the main living room and this room, it occurred to me that actually the Van Goghs are from an earlier time than the Art Nouveau prints in the middle room. So I guess it's a stylistic, old-money "feel" rather than a chronologically correct juxtaposition.

Stairs:
The wall area along the staircase is graduated in four steps. I have placed (straw-colored) woven palm-leaf mats on each step, with a small potted plant and clear glass tealight holder. The bottom step has a chameleon poster that matches the green color scheme and adds a little variety to the whole garden theme. The other wall hangings are antique turn-of-the-century botanical prints.
When lighted, the tea lights draw the eye upward, ascending the stairs and culminating at the top of the stairway, where a large botanical print in more muted colors blends the green theme of the stairs into the autumn-hued theme of the top level.

End of upstairs hallway:
This is the natural termination of the main hallway connecting all rooms of the house. As such, I chose an autumnal theme. The poster is a sepia-toned photograph of autumn trees in the Luxembourg gardens in Paris. The persepective of the row of trees adds depth and extends the hallway. Underneath the poster is a collection of leaves and potpurri (autumn colors) given to Eva by her cousin Karolina during her summer visit, and four frosted glass votive candles in red, purple, orange and yellow. I thought the autumn theme was a natural extension of the green, garden theme of the stairs below, yet indicates a movement toward termination.

Upcoming projects:
The kitchen. I have yet to think of a fitting theme. Woodland? Sky? Kitsch? Asian?
Adding mirrors to the upper level that reflect the large cathedral windows, creating the illusion of an atrium-like space.

Thursday, December 18, 2003

I am DONE! donedonedonedonedone!

i have spent the day doing...not too much. lazing around, resting, blissfully giving my brain a rest.

in fact, writing is getting a little taxing right now. i'm going to take a shower and lay around in bed reading.

tomorrow will be spent cleaning and getting paperwork done and preparing for my 5-day boarding trip to lake tahoe this weekend (to my benefit, my dad seems to have gone snow-crazy this year and this is one of two trips we'll be taking, the next one in jan. to mammoth)....teehee.




Tuesday, December 16, 2003

in a daze i flipped through my copy of One L , desperately seeking for some corroboration with the horror and nerve-wracking stress i have been experiencing lately. i found near the middle of the book a passage that i had underlined about two years ago when i first read it:

Correlations between exam success and worthwhile achievements in the practice of law are speculative at best. Until that connection is better established, the narrow and arbitrary nature of exams will continue to dictate a narrow and arbitrary means of selection for training for the bar. And that is a particular state of affairs for a profession and an education which claim to concern themselves with rationality and fairness.

Word.

Monday, December 15, 2003

terms that should be abolished from the english language:
theft and robbery
words like "militate"
public trust
reciprocal negative easements
the erie doctrine
the federal rules of civil procedure
intent-based and harm-based retributivism