October 29, 2004

Why Universities Scare Me

This article at Front Page Mag. details the adventures of a journalist who infiltrated the "no press allowed" workshop sessions at the recent Duke University sponsored hate fest known as the Palestinian Solidarity Movement and smuggled in a tape recorder. Go and read it. It is, well, horrifying. It is also very long and very detailed.

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An Update / a Ramble

Herewith a rambling, stream of consciousness, not totally filtered catching up post.

I have not written much this past week or so. I hate that. I have come to enjoy the act of writing non-legal things. I love the comments I get, pro or con, and the dialogues that result. But really, I miss the writing. Sometimes when I write, I want a cigarette. Well, not really want so much as remember times past when I would write late into the night with coffee cooling next to me and an ashtray with a burning cigarette in it on the desk. I miss that part of smoking, the part that I associate with those nights and that kind of creativity. I quit smoking some ten and a half years ago, in the days after I sat for the NY Bar Exam. I figured that would be the most stressful moment and once I got past it, I could and should quit. And so I did. Now, of course, I hate smoking. I hate being behind people on the street when they smoke and I hate bars or restaurants filled with smoke. But it is a special kind of hate because I know that I miss it, like I miss that 21 year old kid smoking "Peter Rouge" in Paris in 1988-89. Paris memories involve smoking. Damn I miss that.

I had no intention of writing about smoking, by the way, so I suppose my lead in that this would be stream of consciousness was correct. I will stop here on the smoking and the callow youth I once was. Although, I suppose it is natural to reflect back on what seemed to be simpler times and the person I once was since I am staring my birthday right in the face. Monday, in fact. Another year passed in which I once again managed to dodge the sabre toothed tiger (that's how I cheerfully think of it). But that's not quite what I intended to write about either.

No, I was going to write about: thinking. I have enough time these days to write, but not enough time to think and to organize my thoughts enough to draft a coherent paragraph with a natural and orderly progression of point to point to conclusion. That's why my posts have been so short of late. More in the nature of random observations or remarks than anything I am particularly proud of. No, the problem is I am too busy to think. This is the luxury I crave. Time to step back from the rushed and harried existence. Time to reflect on my observations, to organize them, to see if I can learn anything from them. Time to record these observations as engraved images on my brain, like a print maker makes an impression. Otherwise, the observations are fleeting and they leave with a sort of, "gosh, I have to remember this so I can write about it later" sigh, but they do leave. Like yesterday, I have a half formed impression from seeing two young woman facing each other on the subway, one playing a game boy, the other clutching a text book on international financial management. I had thoughts about the value of education and the soul destroying nature of video games, but they have not fully crystalized and may never.

I also took some time away from the office yesterday to go renew my driver licence which is set to expire on Monday. I walked guided only by a need to go South and West and a desire to keep moving, so I went where the traffic lights sent me and I ended up wandering through the West 30's, a part of town not greatly frequented by tourists. It is the heart, still, of what we in NY call the shmatta trade. The rag trade. The fashion business. Full of wholesale only clothing and all the fabric stores. It is kind of seedy and dingy and full of men pushing expensive clothing through the streets on rolling racks. Clothing you might expect to see next season in the department stores. I think that's fun. It made me want to buy a small, pocket sized digital camera for my birthday to be able to carry with me and take pictures of interesting things on the street so I can post them here. There was one old fashioned barber shop that I would have liked to take a picture of, for sure. Otherwise, renewing my licence was painless and quick. I was, to quote an English friend, gobsmacked at how easy it was. Something has changed drastically at the DMV. I distrust it but I like it.

I am going to be working all weekend, again. I suspect that this might just be the case through Thanksgiving. This is the part of my job I sometimes hate, but not really. I mean, yes, I hate that I will not be seeing my kids or my wife very much but I enjoy working hard. I think that there is a reward unto itself when you stretch your capacity and work hard. Especially if the work is interesting. That's one nice thing about practicing law, the work is usually interesting and requires me to become a quick expert on whatever my client's business is. Right now, its high stakes real estate development and the financing and construction aspects specifically.

That said, I think I grow a little weary of this professional life, weary of the conflict, weary of trying to separate the truth from the untruth. You know what? Truth is inherently malleable. It really is a matter of perception when trying to establish the truth between two competing versions of events. I used to think that truth was TRUTH -- simple and inviolate. It isn't really. There are concepts that cannot be distinguished away and their may be scientific, unarguable truths, but to say that one person swears one thing is true and the other swears the other is true and therefore one is lying is not necessarily the case. They may both be convinced they are each telling the truth. And then the fact finder, judge or jury, decides which version is more credible and thus which is the truth. This is tiring. Especially when you begin to think that your own client may have a more casual relationship with the truth than you are comfortable with. Enough said, I think. Except, perhaps, a word of caution: don't lie to your own lawyer. I hope I don't need to explain why this is a bad idea, do I? One other thing, even if I may be experiencing enough burn out with my current profession to be looking up MBA programs on the web, I am old enough to know that I should not be making any long term decisions under the over worked / under rested circumstances. I'm just thinking about other options without allowing myself to take a position I may have problems retreating from. I think that counts as wisdom and not timidity. But I may just be inclined to self-generosity here.

In the midst of all of this, I had a win yesterday. A motion I filed back in February and which was submitted to the Court in May was finally decided in October. The Court favored my clients with a 10 page decision, which is unusually long for State Court. I moved to dismiss 8 counts of a complaint and I won on 6 of them, have a good argument to renew my motion on the seventh after we serve an answer to the complaint, and know for a fact that the plaintiff cannot prove the eighth count. We'll spend a little time in discovery, which is expensive, but the big threats have been removed. My clients are thrilled. Now they just have to pay their outstanding bills which I think and hope they'll be able to do.

Well, back to work now. Here endeth the ramble. I hope you enjoyed it. And if not, that's ok, too. I am not re-reading it or editing it before posting, by the way. It is truly unfiltered.

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October 28, 2004

Happy news update: Yay, Jim!

Jim is now joining the ranks of the previously unemployed.

HE GOT A NEW JOB!!!

Yay, Jim!

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The End of Personal Responsibility

The time of personal responsibility has passed. No longer will you have to admit fault or recognize that the error or mistake lies within you, and not within the stars or some other silly excuse. In a development in Norway which I am sure will be reproduced as soon as possible in the United States, it has become impossible to imprison the "mentally ill", whatever that means.

A Stavanger man convicted 25 times and with 70 offences on the books since his last conviction may be able to sue for damages thanks to new laws. The man has now been diagnosed as 'extremely mentally handicapped' since 1992, and should have received treatment rather than prison time.
The man's defense counsel, John Christian Elden, has filed to reopen cases involving 19 convictions since 1992.

District attorney Tormod Haugnes told newspaper Stavanger Aftenbladet that authorities have little choice but to acquit since it is not possible to imprison the mentally handicapped.

"New rules give him the right to commit crimes for the rest of his life, without punishment," Haugnes told the paper. "This is the most extreme result of the new penal code, where preventive detention is replaced with custody and compulsory treatment."

Elden told Aftenbladet that his client could demand compensation for the unjustified imprisonment for the seven to eight years he served for the convictions, and said the damages could likely amount to millions of crowns.

Please tell me that I am not the only one who thinks that this is outrageous, especially considering how easy it can be to manipulate the mental health system.

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October 26, 2004

Munch Museum Robbery Update

The update is, well, there is still no news, no leads, and the museum itself remains closed. As we previously discussed here and here, Aftenposten reports:

"We ain't got squat", said the police. Ok, they didn't really say that, but it amounts to the same thing. They are no closer to solving the robbery or returning the paintings now then they were back in August when the robbery took place.

I am not filled with hope or optimism, at this point.

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October 25, 2004

Quick report

I have a moment to make a quick report, in case anyone was wondering where I've been. I have, since Friday morning, now billed 30 hours in preparing my emergency application. I smell bad, my glasses are filthy, I am out of emergency chocolate, and my desk is a wreck of old torn up drafts, empty coffee cups, lost pens, files, folders, documents -- both originals and copies, statute and form books, and transcripts. I have a notice of motion, a memorandum of law, and, most importantly, an affidavit for my client to sign. I will serve it all tomorrow morning and then see about digging out. I believe it will hit the plaintiff right between the eyes.

This is not the fun and romantic career I thought I was getting into when I used to watch L.A. Law.

I hope I have not missed much fun stuff on all the other blogs.

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Another reason to love New York

This from the Metropolitan Diary today (a beautiful moment of perfect NY co-existence):

As Jay Jennings was walking to work on 34th Street during the recent Jewish holidays, he waited while a line of Orthodox men entered a synagogue in front of him.

A hip-hop kid, in basketball jersey and baggy jeans, stopped beside him, looked over the line of men in black hats and suits and nodded.

"Yeah," he said to no one in particular, "kicking it old school."

This fits perfectly with this moment which I blogged about some time ago.

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October 22, 2004

Norwegian Law Enforcement: Strippers and Help to Find Drugs

Story #1

According to this article:

a Norwegian prisoner secretly hired an exotic dancer to spice up the prison's monthly culture night. The woman got all her clothes off, to the cheers of the male inmates, before guards could react on Wednesday night at the Hof minimum security prison in southern Norway.

When they come for me, and they will, remind me that I want to serve my time in Norway, will you?

Story #2

From Jan, at Secular Blasphemy (which I recommend checking out in general), we have the story of a drug courier who forgot where he buried his stash and, concerned that the dealer would get to him, called the police to ask them to help him find it!

My guess is that the guy might have heard about stripper night at the local prison.

UPDATE:

At least the drug idiot in Norway knew what he was doing. Here in the US, our drug idiots appear to be much stupider. Here we have the heartwarming story of Vicki Lynn Nunnery, 43, of Callaway, Florida who dialed 911 by mistake, hung up the phone, and was later arrested when the police came to investigate the disconnected call (as they do in case someone was hurt) and discovered "one the largest methamphetamine laboratories ever found in Bay County". D'oh!

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Red Sox Win, Boston Loses

All over the blog-o-sphere yesterday, you could find Red Sox fans gloating. Most of them, at the least the two I like the most (Irish Elk and SCSU Scholars), were doing so tastefully and amusingly and I suggest you go check out their take on the internet victory dance.

But here's the thing, the Red Sox won, and I take my hat off to them for a fantastic performance (and it really was stunningly fabulous), but Boston lost. Why? They set cars on fire and rioted. It reminds me of some old football coach who said when one of his players danced in the end zone, "try to act like you've been there before" (Bear Bryant, maybe?).

Why is it that you never see NY set on fire by sports fans?

UPDATE:

According to the NY Post, a young woman was shot in the head and killed during a clash with Boston cops. According to the article:

Moments after the Red Sox' 10-3 ALCS win early Thursday, some 80,000 delirious Boston faithful poured out from bars and clubs. Fans went out of control, burning a car, hurling bottles and clashing with riot cops, resulting in 16 injuries and eight arrests.

One cop's nose was broken by a flying bottle and officials are considering banning alcohol sales during the World Series games.

The chaos reached its fiery climax on Boylston Street, a block from Fenway, when a few hundred drunken hooligans attacked a parked Nissan Xterra that bore New York plates.

The crowd smashed its windows and set it on fire.

My condolences to her family. What a waste.

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Yesterday Sucked, with like 3 capital S's

I rank yesterday up there in the top 5 worst professional days I have ever had the joy to experience. I cannot, for reasons obvious to at least me, go into great detail about this, so you may not get the full flavor of why, for instance, I actually wanted to throw up at one point. But I will try to summarize just a little bit, if only to help myself move past it.

1. That motion to take discovery? Lost. All of it. Every bit of the relief requested. Why? The Judge loathes my client. Also, it was a totally cold bench (she didn't read one single word of the papers my firm charged my client thousands of dollars to prepare). I get spoiled by appearing mostly in the Commercial Division when I'm in State Court. Ivan Chonkin (if he stops by today) will understand about this since he's had the experience. Then, the judge simply fucked me. No other way to describe it. She is withholding the decision on the motion and refusing to issue a stay. When I said to her that by doing so she would prevent me from going to the Appellate Division to seek a stay, she told me that she would not issue an order just to permit me to "run up huge costs and expense and generate a lot of paper". This was at the end of the appearance. I became so angry here my hands started to shake. I put my finger in front of her, told her that I do not practice law to bring meritless motions or do anything just to run up the costs, I resented the implication that I did, that I had done nothing in front of her that could have ever given her that impression, and that she was out of line. I have never yelled at a judge before and I guarantee my voice was raised. And you know what? She said that she was sorry and that she didn't mean to give that impression. Fuck her.

2. The judge has withheld the decision, as I said above. I am now preparing a motion to by brought by notice of motion (because denial of an ex parte application brought by emergency order to show cause is not an appealable paper in NY) that will request relief in something like 6 parts, with many subparts, and it has to be served by no later than Tuesday. I will be here all weekend. This motion is pure damage control because there ain't no way she's granting it. I will be writing for the appellate panel here.

3. I lost an appeal in another case. A decision came down on an appeal and the appellate court didn't even address the arguments we made. Also, and much much much worse, the client is devastated, both personally and financially. His marriage has broken up over the stress. I'm glad I did not have to make the call to tell him, coward that I am.

I met my wife for dinner afterwards because it was date night and we hadn't been alone for about 2 weeks. It was not joyous but just being with her can sometimes make things a lot better.

But the best part of all? Coming home to find my daughter was still awake, letting her get out of bed while I took my tie and suit off, and then sitting with her in her rocking chair and rocking, chatting, and rubbing her back until it was time to put her back to bed. That did more to salvage my day than I think anything could have.

Finally, I will leave you with a funny Girl Child story, to reward you for getting this far. The nanny told us about it when we got home. She and the GC had the following conversation:

GC: I know, let's switch listening skills. I'll take yours and you take mine.

N: Ok. Hey, GC, let's go, its time for your bath.

[silence]

N: Hey, you have to listen to me because you have my listening skills and I always listen.

GC: [looks up at her] Fine. I want mine back.

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October 20, 2004

Sorry about the quiet today

I wanted to blog a lot today. There were a number of things that interested me and I wanted to write about them. Instead, I have been preparing for oral argument for tomorrow to defeat, I hope, a $30 million or so claim. Or at least get the Court to give me discovery on damages and I have a novel theory that I am hoping the Court will allow me at least to pursue. If not, off to the Appellate Division. But I write instead to tell you that at 4:08 p.m. I just finished the last of the black coffee I bought at 7:15 this morning. That tells you all that you need to know about my day today, I bet.

At least I am feeling better physically. Thanks again for all your good wishes!

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October 19, 2004

Spiced Ham Email

I got the following email from someone who's name looked vaguely familiar and so I opened it. The subject line was simply "hey". It had a link to a website which I shall not reproduce here and above the link, the following suggestion:

"drop the hammer on the next bitch you lay it to. . ."

I have no idea what it really means, and I'm too chicken to click on the link, but it sounds so tough. Maybe the author is overcompensating for latent homosexual feelings?

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Weapon of Mass Destruction: Conference Room Version

Beware the Eradicator the next time you pontificate at a meeting. There is no way corporate security can keep this one out. None of us are safe.

You've been warned.

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Back at work today

Well, I was back yesterday, too, just not for more than the morning. Then I left, fell deeply asleep on the train home, woke up two stops before mine (its a gift), and went home to pick my nap back up from where I left it on the train. I was feeling so sick and so drained and tired yesterday. Today marks a marginal improvement. I am cautiously optimistic, but not much more. Which is rough, considering that I lack the motivation or power to deal with some fairly complex issues today. I know that they are complex because I read the words in the cases and I don't understand them at all. That's ok. There's no real rush. Except that I have a crucial oral argument on Thursday morning and I really have to prepare for it. Tons of reading, synthesizing and outlining to do. Oh, joy.

I see three possible outcomes on Thursday. One, she denies the motion and I work all weekend to run to the Appellate Division on Monday to humbly beg for a stay of the case pending disposition of the appeal. Two, she grants my motion and then I work all weekend to get the benefits of her decision. Three, she grants my motion and she adjourns the upcoming proceedings and I don't have to work all weekend. I, of course, am holding out hope for #3.

Many thanks to everyone who sent their kind wishes for a speedy recovery. They were a very pleasant surprise and I was touched.

I did spend much of Sunday making home made chicken soup. My wife has remarked that she likes it when I get sick because then I cook a lot. Chicken soup is really an all day thing, especially if you start from scratch. But it makes the house smell soooo good.

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The Slurpee Machine was Broken

I was so amused by this story in Aftenposten about a murderer and rapist escaping from jail and then turning himself in so I had to supply my own answer to the question of why the convict turned himself in. Clearly, he could not get a slurpee.

Seriously, how soft must life be in a Norwegian jail if a convict calls the police from a 7-11 to come get him after a successful escape? As some of you may know, there was a point in 1999 when the Norwegian Supreme Court government refused to extradite a convicted drug smuggler from Norway to the US because it was felt that the US prisons were too harsh.

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October 15, 2004

Goodbye week (and good riddance!)

I have tried not to whine too much this week about the nasty week this has been -- work; long car trip; business trip to Philly; other deadlines, etc. I have probably failed in that. Oh, well. It's my party and I'll whine if I want to, whine if I want to, whine if I want to; you would whine to if it happened to you, du du du du, du.

Seriously, I greeted the day with sharp pains in my ears at 4:00. Not good. Suspecting ear infections, I called the doctor at 4:15 and left a message begging to be seen this morning because of the pain. Also, every time I swallowed, it felt like I was trying to take down a tennis ball. So, I had tea and read Wednesday's NY Times which was still hanging around the house and which arrived after I had already left on Wednesday. That was an interesting news day. Did you know that Frank Ghery and Snohetta are going to be designing buildings at Ground Zero? I didn't. There was also a great article on a subject I've long had an interest in: economic and political inequality and disparity in China where, once again, the peasants are getting the shaft.

My wife kindly drove me over to the Doctor to be there at 8:30. On the way, I tried to reach them again by cell phone, only to be told by the officious receptionist that the Doctor couldn't possibly see me before 11:00. Not acceptable. I was kind of steamed. So, my wife pulled in, parked, and we went in to the office to suggest that maybe the Doctor could find a moment to see me now. The receptionist repeated that there was nothing she could do. I said to her, "I called you at 4:15 this morning because of the pain, it is now four hours past that and you are seriously suggesting that I patiently wait for another two and half hours?" She looked at me and said she'd go check with the Doctor. Which she did and said that the Doctor would squeeze me in. I think it is a lot easier to say no to people on the phone than in person. A lesson there for us all.

So, here I am at work, surrounded by mounds of shite I have no interest in getting through, dreaming instead of the golden hued chicken soup I intend to make this weekend, and whining on my blog.

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October 14, 2004

Goodbye, Lisa

I was on the train coming back from Philly late yesterday afternoon when my office called me on my cell to tell me that I had received a phone call from an unnamed woman who wanted me to know that my friend Lisa had succumbed to breast cancer the day before and was going to be buried that day. Jews bury their dead within 24 hours, you know. It was a foul up from my office that I only got the message so late, but it didn't matter, I was not able to go anyway. I shut my phone off and tried to think about what I was going to say to her husband or her two young children. This is what I've decided to do. I'm going to send her husband a codolence card but I'm also going to send her kids a letter telling them what kind of special woman their mother was. I hope that by doing that, I can help her kids when they get older and their memories of her have dimmed.

I'm very sad today. Lisa was a remarkable woman.

Lisa. October 12, 2004.

The Susan G. Komen Breast Cancer Foundation will get money to those who can spend it best. I'm just saying.

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Comments Replies!

Hi, all, thanks so much for all the great comments over the last week and I'm sorry if I was not as responsive as I'd like to have been. So, let me address some of the comments here, in a post:

First, thanks to all sending me good wishes on feeling better. It hasn't worked at all, of course, but I appreciate it. I think putting in a 15 hour day yesterday was not conducive to feeling better. I actually feel a lot worse. The Boy Child was not helpful in getting up crying at 2:45 this morning. I jumped out of bed to get him so as to leave my wife undisturbed since she has a job interview this morning. He just wanted to be picked up for, tops, 30 seconds. Then I put him back in his crib, at his insistence, rubbed his back for another couple of seconds, and he was back asleep. It took me a lot longer. Good thing for him that he's so cute.

Second, as for soup. Rachel Anne, you could make it with any good vegetable broth and then you don't have to skimp on the all important dairy. Phillipe, when I have a sore throat or am congested, I want as much spice as I can stand. It makes my throat feel better, oddly, and it helps me breathe. Simon, other than poaching chicken breasts, it is really hard to make a good quality home made chicken soup during the week. I'd have needed to have been home for hours for that. See, I take kosher chicken legs and simmer them with celery, carrots, onions, leeks, parsley, etc. for a long time. I remove the chicken and strain the broth, throwing out the useless vegetables. Then, I add to the broth, more aromatics (carrots, etc.) and cook them while I shred the meat from the legs. I add the meat back in at the end, et voila, chicken soup. But it ain't a weekday kind of thing to make. And I usually make a whacking big vat of it so I can freeze some.

Third, as for D.C. Next time I'm down there, I will certainly give Ivan and Wicked some advance notice and perhaps they can show me a more hospitable bar. Margi, I'm glad you liked the toast. Mick, thanks for your good wishes. Mark, thanks for the recommendation about Clyde's!

Finally, Jim, thanks for the gentle nudge. I have actually been working on another "behind the curtain" post but have not had enough time to finish it up. Maybe soon, I promise!

By the way, if your comment went unaddressed above (Amber, Helen, etc.), please know that I am not ignoring you. The commnents part of the blog is really the best part and I appreciate all of them.

Thanks again, y'all!

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Change the Rhetoric, Please

This has been bugging me for a long time and I thought I'd drop a little line about it. I am tired of the use of combat rhetoric by sports writers, athletes, and owners. So, I request here, as follows:

*Stop using the word "war" to describe a sporting event, unless the sporting event is figure skating 'cause they actually come the closest, what with the use of hit men and all;

*Stop describing men who travel with their own chefs and massage therapists as "warriors", they are not. They are paid obscene amounts of money to whack balls or put on pads and hit each other. They are NOT warriors. The closest thing to a warrior, other than a service man or woman, is (usually) the woman left at home who holds a family together under stresses you and I cannot conceive of. These woman deserve our respect. Athletes are not warriors.

*Stop using the word "battle" or "battle tested" to describe a football player. Sports Illustrated described some LSU grad as "battle tested" because he played for the Tigers. The closest he has come to battle was the co-ed who probably successfully (this is Louisiana, after all) fought him off. He may have developed great athletic ability and tremendous powers of focus and concentration, but he is not a battle tested anything. He is the most coddled of creatures, a big time college football player.

There are other examples, I'm certain, but these are the ones which come to mind and piss me off the most of late.

Here endeth this morning's rant.

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October 13, 2004

Forecast: No Blogging Today

I'm off in a couple of minutes to catch the 7:30 train to Philly where I will spend the day reviewing 30 boxes of documents. I anticipate no access to computers.

I'd rather be blogging!

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