all work and no play make drew a dull boy
all work and no play make drew a dull boy
all
all work
all work and
all work and no
all work and no play
all work and no play make
all work and no play make drew
all work and no play make drew a
all work and no play make drew a dull
all work and no play make drew a dull boy
yob llud a werd ekam ylap on dna krow lla
all work and no mlay pake drew a bull doy
yeah, i'm feeling like jack right now. not in that, i'm gonna axe someone to death (hey, like harrison v taylor!) "here's johnny!" kinda way, but in that "all this work is driving me to the brink of insanity" kinda way.
stay posted guys...
Monday, September 19, 2011
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....
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....
Tuesday, July 26, 2011
mcnasty filth
you ever see something that just made your face scrunch up as you say, "now that... that's just mean"? check out this mark (*shrugs* iunno why it's called that either) from an Australian rules football game:

that's from Australian rules football, which, like rugby, is played without pads in countries where millionaires and billionaires don't piss and moan about who gets what percentage of the billions of dollars they make playing a game! and also that was an epic run on sentence! well lets hope this season in the NFL produces an epic moment or two like that. I'll let CM Punk tell you how i feel about the lockout:
doesn't that just make you wanna do this?
that's from Australian rules football, which, like rugby, is played without pads in countries where millionaires and billionaires don't piss and moan about who gets what percentage of the billions of dollars they make playing a game! and also that was an epic run on sentence! well lets hope this season in the NFL produces an epic moment or two like that. I'll let CM Punk tell you how i feel about the lockout:
when will we get...
i've gone back to black today. as i can not allow myself to only say goodbye with words, i dedicate this post to the memory of ms. Amy Winehouse: one of my personal favorite ladies.
Labels:
amy winehouse,
awesomeness,
luscious,
music,
r.i.p.,
tragedy,
tribute
Monday, July 25, 2011
kame.. .ha... mE... HADOUKEN!!!!!!!!

Now I don't wanna put to much on it -- this isn't one of those post near-death experience posts -- but it does make me think. It didn't scare me. You know, beyond the initial 'hadouken! Duck!!' reaction.

it's quite a reaction.
But there was no lingering sense that I had been in real danger. There wasn't a Richard Pryor, "when that fire hit yo' ass" moment of clarity. I laughed it off picked up my phone (I'd dropped it on account of the yoga flame in my face) and went on to cook a meal and a quite good one @ that. A day later you'd never know anything went down. But I have had time to reflect, and this is what I've come to: that cold have been a lot worse. I could have been burned, the grill could have literally exploded instead of just producing a fireball (the red one. That Ken threw in Turbo by pressing HP. It set the other guy on fire.), this post could be from a hospital bed instead of my bathroom, or worse I could be gone. So what do I do oh this pseudo second chance? Iunno, y'all. I don't know. Stay posted, drewninites...
also, mario fireballs
Monday, June 20, 2011
no ugly people allowed!
it is no secret that i wear a mask. it isn't that i am ashamed by my looks, nor am i embarrassed at my own beauty. it is because i , your DARK warrior, must protect my identity, lest i risk loved ones becoming targets of some evildoers twisted vengeance. but let the people (and i use that in the loosest sense) of beautifulpeople.com have their way and the entirety of the unattractive population would be required to wear masks at all times--you know-- so the "beautiful people" wouldn't have to strain their gorgeous corneas looking at all you ugmos.
don't believe me? think that's just an empty sentiment?
well read this article. yeah, they reportedly kicked off 30,000 "less than aesthetically pleasing" users. still unconvinced? it's corroborated here. and here. oh, and here.
there are two things i find wrong with this picture. first let's look at, well, the picture:
breathtaking -_-
notice anything about the people in it? they're all seemingly tall and thin; they all appear to be 20-somethings: they look like models. is this what a "beautiful people" (see what i did there) is? sure, tyra banks is beautiful, but so is jill scott! natalie portman is beautiful, but so is natalie cole! why is such a narrow spectrum represented on your home screen, beautifulpeople.com?
furthermore, it is a dating site. based solely looks. are. you. kidding. me. this may be slightly tangential, but we at DIUU are not fans of dating sites at all. from the one where the criteria for males is that they be millionaires, to match and eHarmony (i give a damn how many 'marriages' your users have had. tell me, ematcharmony, how many of those 'marriages' ended in divorce?), they all break relationships down to a formula. relationships aren't built on a set of criteria. they're a partnership between two people. and tell me, how many people do you know in successful relationships that have a catalog of prerequisites? you're not gonna find the 6' 3" guy with a love for poetry, jeezy, the opera, the bachelorette, scuba, blue eyed with dreads and a 6 figure gig! you're not finding megan fox's face on vivica fox's body and a love for video games, mma, n.w.a., kid n' play, and michael buble! these sites already try to put a definitive on the abstract concept that is relationships, but beautifulpeople.com has stripped it down to the most base factor in choosing a mate (or a date): looks.
we disapprove. now let TLC tell you how we feel about you shallow muh' fuggas out there in beautiful people land:
DARKdays is upon us, bitches...
Saturday, June 18, 2011
11th hour happenings
strange news, DARKlings. i returned from patrol to find apparently i have been, tentatively at least, accepted to the norman adrian wiggins law school @ campbell university.
this is the one
i feel some kinda way about this. i could, and by all rights should, be honored that they're giving me a fair shot despite my admittedly incomplete application (i'm on the waiting list. i said it was a 'tentative' acceptance). but there is a rather sizable chunk of me that just... feels... maybe... a little... teensy bit... insulted. if you've been following like the faithful darklings, and, yes, drewninites, that i know you are then you know that i've already been UNconditionally accepted into law school..... TWICE!!!! NOT ONE, NOT 3, BUT TWICE! 1, 2, 3, 4, TWICE!!! only for campbell to stick me on the waiting list. the waiting list! as if i were some dipwad who turned in an incompl- and lets just move on. the other reason i may or may not take offense to this 11th hour gesture: they waited until i spent 1,000 smackers reserving my seat in new york!!! i feel slighted! but i'm not upset. life has certainly provided more roses than thorns of late. and with that, i bid you adieu! these mean streets need their guardian
Friday, June 10, 2011
fear no tears
tis i, the one and only tenderizer of the ronies, luscious. sorry i've been away so long. i had an urgent engagement with two fine tahitian ladies on a beach in bora bora (don't ask questions) and completely lost track of myself. anyway, i feel like i owe y'all something. something real nice and retro, you know, as a gift for havin to wait so long for my return. so with no further ado, i give you a little tears for fears! now if you'll excuse me, Nanihi and Miri aren't gonna massage oil onto themselves...
Wednesday, June 8, 2011
Hey, June! (RQOD)
take a sad song and make it better...
speaking of sad songs, drewninites, here's my random question of the day:
is it sad that a man falling victim to his man-tosterone, and having sexual experiences, is enough toget him excommunicated from public service? isn't it more sad that, based on the frequency of "man-tosteromegate" scandals, the excommunicators are likely engaging in similar acts?
drop us a comment in the drewniverse...
Labels:
anthony weiner,
politics,
power,
prudishness,
RQOD,
sex,
smh
Monday, May 2, 2011
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