Monday, November 22, 2004

Jesus!

Ok I was just going to post this article but after reading it closer I couldn't help but say something about it. I would hate to go to this law school, basically they give you a biblical perspective on the law, and the result is frightening.

"The Erie decision, which is viewed as uncontroversial in much of the legal academy, represented a disastrous wrong turn, Professor Tuomala said. In ruling that federal courts may not apply general principles in some cases but must follow state laws, he said, the Supreme Court denied the possibility of "a law that's fixed, that's uniform, that applies to everybody, everyplace, for all time. He noted, though, that his perspective was "out on the limb in judicial orthodoxy."


Not much to say, pretty much said it himself that it was a fringe position. Erie has been the law for more than 70 years, is well established, and fairly clear. For those who don't know Erie basically says that in a case with parties from different states that is filed in a state court and then transferred to federal court the federal court would apply the state law on substantive issues. If they were to hold otherwise then it would be unfair to the plaintiff filing because the law they thought applied wouldn't necessarily apply in federal court.

"Prof. Roger C. Bern, who teaches contracts, said that he asked his students to look beyond law as it is ordinarily understood. For example, he said, Christian lawyers should counsel clients not to walk away from oral contracts even where the law allows it."


Um, I know I didn't pass my ethics test (well I suppose anything is possible) but I can tell you that this is a violation of a duty. A lawyer is supposed to counsel their clients in THE LAW not what God would say about it. A lawyer would be sued for malpractice if they didn't inform their clients that they could walk away from a contract, and they would deserve it too for doing something so stupid.

"We will not be committed, for instance, to being good divorce lawyers," he said. "We'll be reconciliation lawyers."


OK...right...so your client comes in and says I want a divorce, and you say well God is against divorce so you need to just work it out with your spouse. Or even better, a wife comes into your office with a black eye, broken nose, has been abused for years by her husband, he has also been beating and molesting their 10 year old daughter, and has finally decided to leave her husband. You then say God would want you to work it out with him and you shouldn't get a divorce. A lawyer is not a religious minister, they have a duty to provide services that their client wants.

"If our graduates wind up in the government," Dr. Falwell said, "they'll be social and political conservatives. If they wind up as judges, they'll be presiding under the Bible."


If you are frightened by this you should watch the 700 club sometime and that will terrify you. Basically the idea is that if you have a locked in community of say religious believers, and then you feed them a "biblical" perspective on the news, politics, or whatever. The problem is that people then mistake that world-perspective for their own religious belief without being offered an alternative viewpoint.

The only good thing about this school is that it is not accredited yet, which means that the students will not be eligible to take the Bar exam anywhere.

Sunday, November 14, 2004

My computer is dead

Yup, it died. It has ceased to be, its joined the choir invisible, its pushing up the daises, its gone to make its maker. It is an ex-computer. Ok, sorry, got carried away with the Monty Python (if you aren't laughing you are a sad human being and you should go find "the Parrot Sketch", go run along now). My computer decided to turn of at random times, like if I moved it, typed on it, breathed on it, or just looked at it funny. It did turn back on for a time, but that time is no more. Now it just gives me an error message that the Motherboard can not read the Hard Drive...FANTASTIC. It shall be fixed but who knows when that will be. Just wanted to explain the lack of posting. I'll leave it to you to decide if this post was just a clever way to change the subject of the last post.

UPDATE: Yeah so now my hard drive is corrupted and needs to be replaced. Yes, that means my hard drive is no more along with ALL of the information on it. No, I'm not bitter.

Tuesday, November 09, 2004

Setting a bad precedent

Well I was asked to comment on an article posted on Michael Moore cite. First a clarification this article was written by The Daily Mirror which is an English Tabloid newspaper (for those unaware the British tabloids are worse then ours which is saying quite a lot). However, the charge is that Michael Moore endorses this article by printing it on his page.

The original comment and request to post this reads:
Jack - do me a favor and talk about some of what Michael Moore is saying on his website. In particular, check this link:

http://michaelmoore.com/words/index.php?id=285

I think this is one of the most hateful things I have seen anybody write (even if Moore didn't write it, he posted it on his site with an obvious affirmation of it), and I really hope people on the left are not so ignorant as to buy into this crap. If the left keeps saying that anyone who votes for Bush is a "gun toting religious nut," you will NEVER win another election. I voted for Bush, and I am not very religious, don't own a gun, don't hate gays, and don't want to outlaw abortion.
-topwop


Now, first of all I would like to say that Michael Moore and the author (who is not mentioned) has every right to say what they believe. Why did Moore post it on his cite? I can't speak for him personally but I can think of a couple reasons. One is that he agrees with everything in there. But I think there is a better answer that you might have overlooked: This is how the rest of the world views the United States. Call it an ignorant belief, but I think it at least speaks to a majority around the world. Now you say this is hateful but I don't find it any more hateful then calling John Kerry unpatriotic after serving in the war, or even better calling someone unpatriotic after questioning the administration after 9/11 or the War on Terror.

Now we come to my favorite quote from the article:

"The self-righteous, gun-totin', military lovin', sister marryin', abortion-hatin', gay-loathin', foreigner-despisin', non-passport ownin' red-necks, who believe God gave America the biggest dick in the world so it could urinate on the rest of us and make their land 'free and strong'."


Again this is a tabloid so it is trying to sell newspapers and not necessarily looking for the truth (after all it is funny). However, this again is how the rest of the world views the US as a whole. And while you, 'topwop', personally might not be a "self-righteous, gun-toting', military lovin', sister marryin', abortion-hatin', gay loathin', foreigner-despisin', non-passport ownin' redneck," you did vote for one.

Love,
Jack

Thursday, November 04, 2004

Maybe I won't have to move

EDIT: Had to take down the link.

Thanks to the one who sent this you know who you are.

Wednesday, November 03, 2004

Goodbye

I'm really depressed and I'm seriously considering moving to another country (ie Canada). I think Marek has said everything that is going on in my mind.

Screw you guys! I'm going home.

Tuesday, November 02, 2004

Go Vote!

It's election day so go and vote. I leave you with one last song from eMOTIVe (which comes out today).

And so once again
My dear Johnny my dear friend
And so once again you are fightin' us all
And when I ask you why
You raise your sticks and cry, and I fall
Oh, my friend
How did you come
To trade the fiddle for the drum

You say I have turned
Like the enemies you've earned
But I can remember
All the good things you are
And so I ask you please
Can I help you find the peace and the star
Oh, my friend
What time is this
To trade the handshake for the fist

And so once again
Oh, America my friend
And so once again
You are fighting us all
And when we ask you why
You raise your sticks and cry and we fall
Oh, my friend
How did you come
To trade the fiddle for the drum

You say we have turned
Like the enemies you've earned
But we can remember
All the good things you are
And so we ask you please
Can we help you find the peace and the star
Oh my friend
We have all come
To fear the beating of your drum.

-"Fiddle and Drum" Joni Mitchell

Monday, November 01, 2004

Election Predictions

So Kerry is up in some of the polls which bodes well but this is perhaps the best predictor.

EDIT: Time change to beat competing blogs.

More eMOTIVe Lyrics

From dehumanization to arms production
For the benefit of the nation or it's destruction
Power is power, the law of the land
Those living for death will die by their own hand

Life's no ordeal if you come to terms
Reject the system dictating the norms
From dehumanization to arms production
To hasten the nation towards it's destruction
Power is power, the law of the land
Those living for death will die by their own hand

Life's no ordeal if you come to terms
Reject the system dictating the norms
From dehumanization to arms production
To hasten the nation towards it's destruction
Power is power, the law of the land
Those living for death will die by their own hand

Life's no ordeal if you come to terms
Reject the system dictating the norms
From dehumanization to arms production
To hasten this nation towards it's destruction
It's your choice, your choice, your choice, your choice
Peace or annihilation

-"Annihilation" by Crucifix