Laughing out loud in the library to THIS.

I knew he was a Harvard student when my referral records starting having harvard.edu in them. But I didn't know it was a secret, or else I would have scooped Who Stole the Tarts. (PS. Can you tell that I, too, am spending all day Saturday in the library, though in my case I am procrastinating (once again, though, if you are a judge, I am researching diligently).)

For those of us who "got rich" on the days of Kazaa and Napster, it seems
that the RIAA is coming to get what it "lost".... with a vengeance. Four
college students, that's right, college students, are involved in a 97
Billion dollar file swapping copyright infringement case. Does the RIAA
even make 97 Billion in a year? While they weren't just downloading songs
while in class, this does signal an aggressive posture by the RIAA. Anyway,
for those who are interested, here are some links to find out what is going
on....
97 Billion ... The math....The Compaints.....The Media Coverage
Dang-it... that's three in a row. Thanks a lot TechLawAdvisor.

I've got to stop reading the law blogs that I have linked. I keep finding laws that I disagree with. Take this "fraud" legislation for example. To some extent this is a takings (I know I am misusing the terminology, but I think the concept of taking needs expansion) in that places like Whitehouse.com have a tradename already. Let's face it. Whitehouse.com was originally meant to get people to go there, but over time it has become famous and a trade name. Whitehouse.com being forced to move to Freakydeakythingsinawhitebuilding.com is going to cost them some money. Granted, I haven't read the legislation to see if it has a grandfather clause, but if it doesn't Congress is certainly doing its best to shut down the porn industry. (Which makes me think that if the government tries to wipe out this "cash cow" the unexpected results could be a) that their tax revenue will go down and Congress will pass that down to you and me and b) that companies will move off shore and get .tv domain names and totally limit their tax risk.) Anyway, if there was truly fraud involved with what they were doing on the internet, it seems to me that the companies could be liable for that under existing laws. But once again, that is my knee-jerk, I haven't done the research response.

I really need to stop reading those websites. See, two political posts in a row! What is this page coming too?

I agree! Keep in mind that I think that Oregon is overtaxing us even now, so I think adding additional taxes is a bad idea. However, her analysis is really good. (You have to scroll to the Friday, April 11th Post because the link wasn't working.) Anyway, I am against the beer tax. I saw it on the news today and I was like "Come on." Even I spotted the "its only a dime a bottle" tactic and thought it was horseshit.

So, in looking through my referral logs (there aren't that many, so it doesn't take long) I noticed that someone entered my page from my old "about me" page which has a link to my old site which has a link to this site. Normally I wouldn't care, but the person who found my page used the uscourts.gov network. Being as I have an interview next week with some judges, I have a feeling one of them has checked out my site. Dear lord. I like the atonomy and anonimity that this page had provided. Now, like many of my blogging bretheren (I think I spelled that wrong. Goodness Sakes, now I have to worry about my writing ability on this page because my writing samples suck as a rule.) I have to think about what I say and who reads it. This is, in its ideal form, a personal journal for people who care to read not because they already know me, but because they like getting a glimpse into someone they don't know. Oh well. It's not as though this page has ever met that ideal. I need more content. I look around the web and am constantly impressed with the writers out there. As you may or may not have noticed, my links are growing and I have a few more to add. Oh well, back to procrastinating on this paper I am supposed to write. Oh wait, if you are a judge, I mean I have to get back to researching the lineage of Double Jeopardy cases in American Jurisprudence.

NBA Playoffs So the Jail Blazers may get screwed and end up playing the Lakers in the first round. Spots 4-6 are so close. Take a look. 1 and 1/2 games seperate. Gah. I really don't want to face the Lakers in the playoffs.

Non-governing Poetry Ie More 1L poetry.

Mistake of fact is not the issue
rather mistake of law is where it is at
If this fact you did miss, you
missed the subtext if Bray. Drat!
He did not know the law from where he came
He did not know if it was a misdemeanor
They charged him as a felon just the same
Judge Brown looked at Bray's demeanor
And said "He did not know the law,
This is a mistake of fact, let the jury know
that a more innocent man I have never saw
and that ignorance is a defence he can show."
But wait, my fellow legal students!
What Judge Brown has said isn't quite right!
Non-governing law is where I'd look if I were prudent.
Judge Longyear would agree, Bray's holding is a fright
For it leads you to believe that mistakes of law are okay
but as we see in U.S. v Learned, that's not the case
Ignorance of the law is no excuse is what to say
Missing stamps on contracts is the issue on its face
But what you need to get from reading this here brief
Is that you must know that which governs you
and a claim that you did not know will bring you no relief
Because you must know the non-governing law too!
Your misinterpretation is your own fault
But the ironic thing you must, must consider
(but take every thing I saw with a grain of salt)
is something that, once realized, will make you bitter:
Under "presumed to know the law" pretences
You are presumed to know whether your state
Refuses to allow mistakes of non-governing law defences
A double whammey of mistakes may decide your fate.

More 1L poetry (note this has to do with a specific case from my contracts casebook)
The offer has been sought
The farm has been bought
There was an offer from Dodds
then came a message from the gods
that he was trying to sell
"Damn the man to hell,
I will meet him at the station
and accept to buy his plantation."
Dodds said that it was already sold
Dickinson thought such an action was bold
and took his case to court
he had a lot to report
but the Lords looked at the rumor
(Note: there was no claim of humor)
and said that it did revoke
the offer, once again not a joke
And there was nothing to ensure
that the Friday limit Dodds must endure
So the court's finding may seem wild
but I don't think it is contract's bastard child.

Some First year Law poetry

Res Ispa, spread among the many.
Negligence, nurses claim, they didn't have any!
How many doctors can have exclusive control?
Who cares is the plaintiff isn't able to bowl?
A 50/50 chance plus one
proves negligence done
right of control, standard of care
No, that isn't quite fair
No proof is needed that a wrong was wrought
Nothing that implies that such a wrong was caught
Simply the occurance, simply the pain
can grant the plaintiff a gain
Lies, though probable, become proof
this slippery slope has no roof
Negligence by only 50.1 per cent
and get a payoff that will forever pay the rent.
Common sense as the reason
for fault, this I pees on.
California is smoking them out
their court is packing some clout
Is joint control spreading?

This is a result I am dreading.

I got an interview with the Lane County Courts for a clerkship position. The thing is, I really don't want to stay in Eugene another year. I am ready to get out. So now I have three options: 1) Take the Lane County Clerkship and then apply for jobs in Portland and leave the clerkship before the year is out (note: this option may screw up Portland roommate opportunities) 2) Take the Portland job that I am not sure I want and work hard for a year and half and then start looking for someplace new to work 3) Go to Portland jobless. Of course all of these options are assuming that I get any position at all.
So I was watching the Iraqi celebrations on TV and wondered if that would end the war protests. I also wondered what percentage of the population in Iraq actually is participating in celebrations. It looked like a few hundred were there in Bagdad, but it is a city of 5 million isn't it? Shouldn't there be more if it is a popular uprising? Hmmm...

I think Karen isn't talking to me for some reason. Not sure why. My guess is that she is seeing someone, but that doesn't mean she can't talk to me.

Another boring day of classes. Did put my resume online, but who hasn't? I think I am a little late in the game for that. Not that anyone who I would want to see it will. It's just there for you, the reader who doesn't know jack about me. Ohhh I just found out that I passed the MPRE. Evidentally I did really well. But my thought is still that a lawyer isn't ethical if all they do is follow a code, or stated better, if you get your ethics from rules, then you aren't really ethical. Anyway, that's one less thing.

"Challenge - I just got an email to take the LexisNexis Challenge: answer eight true/false questions, get two hundred Ultimate Rewards points. (I'm only 10,680 points away from the Coach slim duffle!)


Question 6: People who use LexisNexis have great looking hair.


Unfortunately, the answer is "False." Damn. I was really hoping that Lexis would pave the way to shiny, beautiful, bouncy hair."

This quote was lifted from Who Stole the Tarts. The reason I lifted it and put it in here is that it greatly amused me to find out that other law students get the same mailbox filling crap that I do. Makes me part of something larger. Ahhhh, the bliss that comes from mass marketing.

Funny, I liked Octopussy for the same reason.

Looks who's turning three!!! I just wish he didn't hit so close to the mark with the social inadequacies discussion.

Did I mention that I have stayed up until after 5 am the past two nights? That could make getting up in time for my 9 am class tomorrow somewhat difficult. But on the bright side, Poker plans for Thursday morning. (I am an addict after all).

I have so much that I was going to talk about but time away from the computer just sort of flew by. Let's see...

The Greek Cuisina On Thursday, Wes, Kim, Vanessa and I went there. (we were in Portland for a securities CLE) If you have never been to the Greek Cuisina before, let me describe it to you. It's a three-story building with a restruant on the first and second floors. On the outside of the building is a giant purple octupus. I am not sure why there is such a thing there, but at least you know when you found the restraunt. I think its a great landmark from which to base directions to other places. Anyway, they had a belly dancer there, which was sort of cool. I got pulled on stage and danced with her. I got my share of cat calls for my hip-shaking prowess. There was also some traditional Greek dancing and it was a pretty fun place to hang out. Oh, and then we went to Kell's. (Apparently there was some drama after I left Portland, but that isn't for me to say here.)

Texas Hold'em Late last night Wes, Squez and I decided to drive down to Canyonville for a little Texas Hold'em action. Keep in mind that none of us had ever played poker in a casino before so this was an experience. I learned two things: Play more conservatively and get out when ahead. I started with a bankroll of $80 dollars and had that up to $140. Then I lost it all by getting flush with my money. Wes ended up making $65. Oh, and at one point I had a four of a kind. Four 5's.