Tuesday, January 31, 2012

alert level juris

you ever get that feeling that through no real misstep, no real slip up, no real fault of your own, you made a really big mistake? that's how i feel right now. i feel like i did most everything right: i graduated high school in the top 10% of my class, graduated with honors from college, started working right away, then i got into post graduate education. whoopee, right? well there's a problem: i went to law school. and I'm starting to feel like it was a fool's decision more and more.

don't get me wrong, it's a great opportunity to do fulfilling work and make a a lot of money, (but volunteers can do fulfilling work, and the lotto is also a good opportunity to make a lot of money and they won't put you almost $200k in the hole). but that really is only true for those who don't have to pay their way through with loans (remember that $200k hole?). for people like me it's more like i gotta hope i do well enough to  put myself in position to rub elbows with the right people, because, let's face it, the only people who get jobs that payout enough to cover the cost of school are the ones who schmooze the best.

the top students in the class don't necessarily get the best jobs, the self promoters do. that's logical fallacy of law school number 1. logical fallacy number 2 is that law school = future success and financial windfall. that's what attracted me to it in the first place. the idea that i could do something where i could help people and make bread doing it was all i needed to know. law school was for me. the third logical fallacy of law school is what i just mentioned: the fulfilling work. yes, there are Gloria Allred types out there who advocate for causes they believe in and earn a nice living doing it (not to mention a reputation), but to be fair, it's usually only the full-ride kids who can justify "doing it for the love, not the money" type jobs. the rest of us federal and bank loan students have to get gigs that can cover those loans. we are the soulless bloodsuckers who give lawyers a bad name, but we only do so out of necessity. it's the way the system is set up. these law schools have to provide us with an immense pool of resources just to learn us the law and how to use it. in order to fund all that, especially for private schools (like mine), they charge us ridiculously high tuition. in my case when you add on fees, I'll be paying around $60k/year. 6-0. if my applications hadn't been sabotaged, (but that's another blog) I'd be in state at a state school and I'd be paying $13-$24k/year.

but I'm getting away from the real issue with law school: the real job market. when i graduate there will be hundreds of jobs available. hundreds of jobs with thousands of applicants. and each applicant without a scarlet "H" or navy "Y" on their diploma is already at a disadvantage. among the jobs that don't hire exclusively from the ivy, you have to deal with the other of the several top 40 schools in the greater NY area. once those jobs get filled, it's time to push for job as a PD or ADA which will earn you between $40k and $100k/year, which sounds good until you consider cost of living in NY. what $400/mth would get me in Durham I'd be paying $1000+ for up here. now scale that up to a home suitable for a person with a law degree. now add on price of gas, food, doctor bills, repairs -- oh yeah, and the $2,000+ you'll be paying in loans each month... get it? unsustainable. then there are the clerk positions that you could get as a 1L-2L in law school. that's what the next bit of us have to look forward to. now let's consider my unique situation: I'm not only going to have to glad-hand my way into a decent gig, but I'm going to have to do so while convincing a firm in NC that my NY education will translate to NC law. and that's if I'm lucky enough to find a job at all... did i mention that there's a very real possibility that i could go through law school and do everything right and intern over the summers and STILL wind up jobless and in debt? because that's true, too.

so I'm starting to not feel very good about my life choices. but, hey, there's always the JD-MBA route...
so tell me, what do you think about your path in life?

Saturday, November 19, 2011

random question of the day: the swagged out edition

let's face it: as cool as zack morris was, he was really just what ferris bueller was when he wasn't playing hookie. and a.c. slater? take away the muscles and the mullet and all you have is...


yeah...

and don't get me started on cody lambert. a middle american surfer? Crawl much, bu-uuuuddy? (please don't roundhouse kick my face in the balls) which brings me to my question: will smith, carlton banks (fuck you, he had swag), and obviously clarissa darling withstanding, was there a swaggier mo fo ever on tv ever than dwayne wayne?
part 2: who among the big four was the swaggiest?
dwayne?


will?

carlton?

or clarissa?

**PS: i purposefully left the lisa turtle's and blossoms and hillary banks's of the world out of consideration. i tried to make this the all dudes edition, but clarissa is just too swaggy to deny**

**PPS: remember how the stoner dude from step by step's wicked awesome roundhouse kick? remember that show roundhouse?

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 26, 2011

2 live drews.....

i'll keep this short, because that masked guy usually does these.  and i ain't tryna pick up his slack. but yeah, we were sitting around the batcave, or whatever he calls his lair, when some effn guy falls through the trap door (he has a trap door that leads to some sidewalk somewhere. people fall through it all the time. he needs to really rethink his lairs layout) so i'm all, "somebody fell through the trap door again". then dude is like, "eff'n sweet hideout! my name is drew". i'm all, "me too!" long story short, he joined the DIUU team and now he get's to rap to the Drewniverse, too. enjoy, bitches...

Monday, September 19, 2011

the shining

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 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....

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:


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.






Monday, July 25, 2011

kame.. .ha... mE... HADOUKEN!!!!!!!!


So yesterday I got blown up. Not in that slang, "they keep blowing me up", kinda way. I mean going up in flames, towering inferno blown up. I mean goodness gracious great ball of fire. I mean intense heat and concussive pressure blown up. I'm saying it was literal.

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...