Showing posts with label FUOTY. Show all posts
Showing posts with label FUOTY. Show all posts

Monday, July 1, 2013

the price of freedom

** for more info on student loans visit asa.org**

it's july 1. a date that means little more to the average american than 72 more hours til cookouts and fireworks.. but i'm no average american. i'm a student. with loans. lots of loans. i'm one of the 3% who owe more than $100,000 back to Uncle Sam, meaning i now don't qualify for a home loan, car loan, hell, even the student loans i need to finish my education. so what does that have to do with july 1? today is D-Day, but the D doesn't mean doom.
holster your BFG, soldier!


the d is for double, which is what the interest rates on student loans did today. that means that unless by some miracle there is a retroactive resolution, i'll be paying 7% interest on my loans for the next year. this unreasonable. it's unconscionable! do you know what the interest rate banks and financial institutions trade money with each other is today? about 0.25%!!! because institutions with enough money to break the world's economy need the financial incentive. 

because raping people's livelihoods is expensive work
who's to blame? congress, of course. old rich people who already made their way in the world  couldn't reach the logical conclusion that maybe we should stop punishing the best brightest of the next generation. no, let's make a generation of wage slaves who can never join the american dream club working regular jobs because they'll be paying the entrance fee fro the rest of their lives. july 1 is double day. and because congress couldn't make the common sense choice to give we the future a break, they dump the burden on us  yet again. 

so let's all rest easy today knowing that this independence day rest easy knowing that your fat cat law makers are getting fat at their palatial estates and on their well deserved vacations. your future leaders are going to stress themselves into an early grave wondering if they will ever have the american dream, but that's our fault for wanting to make something of ourselves.

because, 'murica

ok, so there is a july 10 mulligan date planned, but this is the 'murican congress we're talking about. you wanna hold your breath for a solution?

Friday, October 28, 2011

10 minute break

just gonna stream my consciousness for a minute...
sick and tired of not being a serious law student, but for whatever reason i cant seem to make myself do right. there are just to many distractions. for instance, last night i opened my book at 10 PM and didn't start reading until 11... AM. in the morning. because i just had to watch like two netflix movies about wrestling and two animes. for no real reason.  this is my problem. i literally will find any reason at all to not read. and get this: i haven't written my own brief in about a month. i've been downloading them or doing the "book brief" and that's when i do right. i need to make a change, because, you know, i gottta become a judge one day.


i think i have an image problem. i got really upset the other day because icalled my gf's cat a "fat crap", and she responded in jest, "YOU'RE a fat crap". i knew she didn't mean it seriously, but it bugged the crap outta me. i literally changed my plans from "do laundry and read, then go to sleep" to "eff this laundry, i need to go to the gym RIGHT NOW!" and that's what i did. got a real good cardio session in, too. didn't talk to her for almost 24 hours after that, and when i did, it was a really tense convo. i felt bad about it...


had a dream that i got into a fight with my dad, and the only reason we didn't come to blows was because my dad's "other side" talked sense into me, then my brother told me to come outside so he could tell me some bit of news that i can't remember right now.


in my opinion, these occupy wall street protesters are misplacing their anger. why get upset at wall street for doing what they're paid to do? or even better, why get mad at wall street for playing by the rules that they've been allowed to play by? if you ask me, all the energy and effort of the "occupy [wherever the biggest scapegoat is]" movement would be better spent on pennsylvania avenue than wall street, because it's our policies that have given big corporation the freedom to fuck us over for financial gain. you can't get mad at the dog for grabbing your bone if the dog's caregiver never rolls up a newspaper on it for doing so.

sometimes it's really hard. to. listen.. to.... professor...... frye...... becausehisspeechpatternisreallyfunny... right? right? right? right?

maybe it's me, but for some reason the "puking my guts out" pumpkin just flies in the face of all that is good and holy about halloween... 
i'm done, ta ta for now

Monday, September 12, 2011

a brief example of a bad legal brief

law school is like Rowdy Roddy Piper. wrestling fans know his famous catch phrase, but for those of you who had terrible, WWF-less childhoods, his famous catch phrase is, "just when they think they know the answers, i change the questions". law school takes that attitude and runs with it, stops, hydrates, and stretches, then does a marathon with it. when you come to law school, it's a given that you're really, like really, really smart. you're generally a good writer, your study habits and work ethic are all top notch. then classes start and you realize that law school changed the definition of all those things, and buddy, what you knew before ain't it.

for example, drew everyday has always been a good writer. i was published for the FIRST time in SECOND F'N GRADE! i never got less than a 4 outta 4 on any standardized writing test i ever took. hell, in my college level creative writing course, i did so well that my work was used as an example of how to do it right for other classes, AND my professor wanted me to write for MORE PUBLICATION!

the following memo would have seen me deified by any undergrad professor i turned it in to. in law school, however, it was barely passable:


To: Senior Associate
From:
Re: Sean North Inquiry on Statute of Limitations
Date: 9/1/2011
MEMORANDUM
A court is likely to find that Sean has a right to file a claim on behalf of his sister, Stacy. A court will probably find 1) Sean is filing within the statute of limitations pursuant to Me. Rev. Stat. Ann. tit.24, § 2902 (West 2000 and Supp. 2001); 2) Stacy’s injury is sufficient to toll Maine’s statute of limitations pursuant to Me. Rev. Stat. Ann. tit.24, § 853 (West 1980 and Supp. 2001); 3) the statute of limitations for Stacy to file a claim have not accrued; 4) Sean’s guardianship over Stacy does not affect her protection under the statute; and a court may possibly find 5) the fact that Stacy’s injury caused her disability is of no consequence.
Maine’s statute of limitations rule as found in common law reads this way: 1) statute of limitations may be tolled until incompetence, by reason of mental illness or minority, is relieved; Mental illness is an overall inability to function in society as to prevent a plaintiff from protecting their legal right; Discovery is assumed to accrue on the date the injury occurred. 2) The statute of limitations for filing a claim for relief of injury is 6 years from the date on which the injury was reasonably discoverable; if a plaintiff is incompetent, the statute of limitations is tolled until their incompetence is removed.

Stacy’s injury is sufficient to toll the statue of limitations in Maine. MRSA §2902, sets the time limit in which to file a complaint for an injury at three years ex post the date the injury accrues. For incompetent persons, the statute of limitations is tolled until the disability is removed, see MRSA §853. In Maine, mental illness is defined as “an overall inability to function in society” such that the plaintiff is unable to protect their legal rights, McAfee v. Cole, 637 A.2d 463, 466 (Me. 1994), and as such, is sufficient to toll the statute of limitations, Bowden v. Grindle 675 A.2d 968, 971 (Me. 1996). The ability to function in familiar settings and relationships is not sufficient to assert competence to protect ones legal rights Chasse v. Mazerolle, 580 A.2d 155, 157 (Me. 1990) (marriage and divorce insufficient to prove competence). The statute can be tolled for professional negligence, Chasse, 580 A.2d at 156. Stacy’s injury was due to professional negligence, as it occurred in a hospital as she was recovering from surgery. Though Stacy can still function in familiar environments, because of her injury, she is no longer able to fully care for herself, see Bowden, 675 A.2d at 672 (difficulty cooking, etc.). Therefore, her injury is sufficient to toll the statute of limitations.
A court will likely find the statute of limitations for Sean to bring a claim has not yet accrued. MRSA §2902 now sets the statute of limitations at six years for all persons, Bowden, 675 A.2d at 972; McAfee, 637 A.2d at 465. MRSA §853 asserts that the statute of limitations for those with a mental illness shall be tolled until the disability is removed. Maine’s Supreme Court affirms, McAfee, 637 A.2d at 466. The injury in question occurred in April 2007, but Stacy’s incompetence has yet to be removed, therefore the statute of limitations has not yet accrued.
Sean should be able to file the claim as Stacy’s guardian. Though neither Maine’s statute nor their courts address this issue, there are sources we can draw from. In North Carolina, the rule is that an “insane” person who has a guardian when they sustain an injury has the statute of limitations accrue on that date, or otherwise on the date in which they acquire a guardian, First Citizens Bank & Trust Co. v. Wllis,125 S.E.2d 359, 361 (N.C. 1962). Accordingly, the statute of limitations for Stacy to file a claim accrued on the day when Sean became her guardian. The ruling in First Citizens Bank fails here for two reasons. First, Sean became Stacy’s guardian in 2007. The present year, 2011, falls well within the six year limit. Secondly, in a 1979 Massachusetts case, the court held that the appointment of a guardian has no affect on the tolling statute because the statute did not address guardians. O'Brien v. Mass. Bay Transp. Auth., 541 N.E.2d 334, 337 (Mass. 1979). The Massachusetts statute is similar to Maine’s. Thus it is conceivable to add as section 2(b) of the rule for Maine: the appointment of a guardian does not affect the tolling of statutes of limitation to those rendered incompetent. By that interpretation, Sean’s status as Stacy’s guardian has no effect on her protection under MRSA §853.
There was no relevant law to determine the standard for injuries which render the victim incompetent. The closest suggestion in the common law is that incompetence brought on by an incident allows for protection under the tolling provision until it is removed, Bowden, 675 A.2d at 972. Stacy’s disability began in April 2007 when her injury occurred and her protection should persist until her injury is removed.
I must note that not all of the present rulings support extending protection under the tolling provision. The rulings in Bowden, 675 A.2d at 972 (incompetence due to mental illness sufficient to toll statute), Chasse, 580 A.2d at 157 (prior competence not indicative of competence to exercise rights; ability to function in familiar settings not sufficient to establish competence), and O’Brien, 541 N.E.2d at 337 (protection under tolling statute not affected by appointment of a guardian) are clearly favorable to Sean’s cause. However, the findings in McAfee, A.2d at 465 (statute accrues when incompetence is removed and reasonably discoverable), and First Citizens Bank, 125 S.E.2d at 361 (Appointment of guardian ends protection under tolling statute) seem to be harmful. Both cases, though, have completely different facts from Sean’s. As I mentioned earlier, First Citizens Bank is outdated by O’Brien, 541 N.E.2d at 337. Moreover, the reasoning, to protect the certainty of real estate titles by strictly enforcing the time limit in which a dissent maybe filed, First Citizens Bank, 125 S.E.2d at 362, has no bearing on the present facts. Our facts concern a person’s health, not their property. Additionally, Sean is bringing his claim within the established limit. In McAfee there were significant time differences, McAfee, 637 A.2d at 466 (12 years after tolling of the limit ended).
In sum, a court will most likely find that Sean has a right to bring a cause of action against Bangor Memorial Hospital on behalf of his sister, Stacy, despite having passed the statute of limitations. A court should find that: 1) Stacy’s injury is sufficient to toll the statute of limitations in Maine; 2) the statute of limitations for Stacy’s right to file a claim has not accrued; 3) having a guardian has no effect on Stacy’s protection under the statute; and possibly find 4) the fact that Stacy’s injury caused her disability is inconsequential.


they changed the definition, bitches....

Monday, April 11, 2011

not 1, not 3! but 2! a DIUU tale about red tape


*UPDATE: uhhh, yeah, so about 8 hours after i wrote this, the HR department called me to schedule my orientation. so with that said, enjoy this now meaningless rant! also, I GOT A JOB!!!!!*

one of the big reasons a north carolina university will not have it's name emblazoned across the topm of my law school diploma is that i have become fed up with entrusting any part of my success or failure in other peoples hands. each school i applied to in my home state gave me the same answer: impressive application, but LSAC didn't send in letters from recommendors, so thanks for coming, and we'd really really like to admit you but we're gonna call your application incomplete. REALLY!

same thing is going on with this job i'm going for. oh, i applied for, interviewed for, and was ESSENTIALLY HIRED BY the interviewers. well, i figured i had my bases covered. needed to recommendations, got 3. three. but, they needed one from my former boss, so i call her up, and guess what? she says she'll write me a nice one! so i keep checking in, and she informs me that she's done it and everything. only problem is, the hr department, (they requested her recommendation) doesn't have a completed one from her, they say, so guess what? I CAN'T START THE JOB THAT I EARNED THROUGH MY OWN MERITS BECAUSE SOME EFFN RED TAPE BS CAN'T GET SORTED OUT! ain't life grand?

peachy

Saturday, January 30, 2010

the anticipatory blog

ok, bitches, this here blog isn't real a blog at all. i know what you're thinking.... let me explain. ya see, on my previous blog (the still active, if unutilized, myspace page) there was this tradition where every year i would announce who the worlds greatest fuck-ups were. i called it the fuck-up of the year award. well, guess what bitches? i'm bringing it to DIUU!!!!!!!!!!!!!!!!!!!!!! try to contain your euphoria. not sure when i'll have my list finished for last year but it should be coming soon....


ps, since the decade ended guess what else is coming? the (wait for it) FUCK-UP OF THE DECADE AWARDS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! *gasp* spaz now if you please...