Kaulapi World

About a week back into classes and work is picking up as well. Looking like a busy spring is in store for me on many fronts. On a side note, I got a chance to make wonton, some for saimin and another batch to freeze for later. It had the flavor and feeling of home.

Still following the primaries for the upcoming 2008 presidential election, have to say that I’m still a little torn on the prospects that I’ll most likely be considering come November. I’m always amazed at how US politics has become a warped version of reality TV and a strange never ending talk show in which candidates field questions and are continuously giving speeches and smiling so hard that it hurts.

Meanwhile, AFC championship is coming up, New England v. San Diego in a rematch from last year’s divisional, this time the stakes are higher as the winner goes to the Superbowl in Glendale, AZ in a few weeks. Read an article online about how both Jr. Seau and Rodney Harrison were both former Chargers before coming to New England, but Harrison was able to get there in time to get a superbowl ring or two while Jr. is still gunning for his first in 18 years. Reading about the pursuit of perfection at a professional sports star level puts things into perspective, it shows the drive and dedication of some athletes to stick with goals for years and years. We’ll have to see how this season plays out, I have a feeling that this season will be memorable thats for sure.

So semester 6/8 starts with a busy week, lots of reading to do, new profs, some familiar faces in the crowd of inspiring students, some new ones. So far I’m taking Administrative Law, Criminal Procedure II, and Legislation. I noted that it’ll be the first semester in which all of my classes are actually ones that I’m personally interested in, not just classes to take as they are recommended for the bar. While it’s always hard to gauge a class by the first couple of meetings, I have to say that I’m genuinely looking forward to the semester and the material that I’ll be covering. so far so good, lets see where this all goes.

It was a tough and physical game, but the Patriots advanced to the AFC championship for a second year in a row. In other news the Chargers upset the Colts in a close match-up and will be in the AFC championship as well. I’m cautiously optimistic that New England will be headed to Superbowl 42 based on the fact that the Chargers are pretty banged up right now, if both Rivers and LT were healthy, I would expect a battle like it was in last year’s divisional, but this time around I think it won’t be nearly as close.

Meanwhile Green Bay toasts Seattle in a classic Packer game in the falling snow. After rough start Green Bay’s running game comes to life and Favre is looking like it is 1999 (1998) again, who knows, maybe it’ll be a rematch of the 1998 superbowl? That would be my first choice of matchups this year for Superbowl Sunday.

Went up to NYC this weekend for a short day trip. Kind of a last minute whim, reminded me a lot of the random trips I used to take to various cities. This time was another experience in itself. Running around Times Square with all of the last minute Xmas shoppers was pretty crazy, it was so crowded I felt like I was at a carnival in the middle of a city. For the most part it was a bit of sensory overload, granted it was a busy time of year, I couldn’t help but think that that it is this crowded all the time. Even early in the morning the streets were relatively busy, people walking to work, or bums hanging out in the street. One observation on the differences between NYC and DC is that there is no spare change to be found on the ground. Either the bums or the street cleaners probably take care of any money dropped and pick it up.

Overall I have to say that the city reminds me most like Tokyo, except its a lot more tense, and dirty. There is also a certain swagger of confidence of people walking around, a sense of purpose maybe, its hard to tell if its just the “city face” or “game face” that people put on in big cities, or whether it is a true confidence. Or maybe its just something else. More than a few times I got stopped in the street by another tourist asking me for directions to which I responded by pulling out my map and pointing them in the right direction.

Class notes time, to sample the sometimes confusing legal reasoning in the beginning stages of processing - Criminal Procedure: the general procedures of a warrant. if it appears to be rambling its pretty typical of how the concepts tend to come out at this early stage.

Linkes 10/2/207:
Kahoolawe Adze, Found in Chile?
Tuning da sanshin how to
Recession theories and some

September has been a crazy month. Just posting linkes for now:
Madison Blog: Soglin Blog
Lotta money part II, III, IV, or XX
Police Detail in Madison AKA Madtowne
Cluster fuck nation?
Flikr and advertisement rights

Officially starting my study period for finals. I feel a lot more prepared overall this go around, but I have to admit that there are parts of this exam process that are still a big enigma to me. walking home one of these recent late school nights I couldn’t help thinking that I really do benefit from the hands-on, on-the-job training (as opposed to straight classroom instruction) and tend to do better when there is a component of that in the curriculum. This was part of my motivation to enroll in a clinical program early on, arguably a little too early, but I think it was all worth it. I’ll probably go more on this observation later after this round of exams are pau.

Still working on transferring the posts to the webomatica blog. Still haven’t quite gotten used to the process for posting yet, but I think eventually I’ll be moving over there permanently, at least for the posting part. I really like the time stamp and formating functions that make posting a lot easier and automatically organized. My main limitation for posting and expanding this blog of sorts has been time constraints, pure and simple. Only so many minutes and hours in the day.

Just short of a week back from the vegas trip and I’ve already been back in the daily rat race. hit the ground running and am busy studying for round 3 of finals as an evening student. Part of what makes the experience more complicated are the unexpected tasks and deadlines that spring up during your full time, rent/expense-paying job that you absolutely cannot neglect or disregard for the obvious reasons. Things are never as bad as they seem, or course, but its like a jenga tower tipping over, even a little amount of stress and it FEELS like everything is going to tip over, regardless.

Vegas was fun fun and more fun. Seeing all of the family all in one place was more than worth losing the extra cash on slot machines spewing song and dances, lobster pots, aztec symbols and darth vader (penny slot themes, don’t worry). I even got a chance to see my first Cirque de Soleil performance, the Beatle’s LOVE rendition. Growing up I remember listening to so many Beatles songs and watching the cartoons, watching the remixed songs was like a nostalgic trip and a new experience all mashed together. It’s amazing how such seemingly simple songs have inspired generations of fans into pondering the meaning and spirit of music. I can’t think of any group or musical artist in today’s scene that can even come close to what the fab four did in their short time together.

A few nights later I ate at the Emeril’s Delmonico steakhouse, feasting on a superb ribeye. The service there was so prompt and polite it struck me as kind of strange that I was actually being waited on, even realizing that even the steep bill and generous tip calculation that was due for the meal didn’t faze me. I guess its part of growing up and getting a real job, 9-5 more or less. Although old habits and mindsets don’t die easily. One thing for sure, Vegas is definitely a destination for living it up, living the fantasy life, even for a fleeting moment. It is however not so much a destination for relaxation however, since I’ve been back it feels like I’ve been wide awake for the past week and and am in need of a good, G-rated nights sleep.

Meanwhile life in the district goes on, the new party set to take over the leadership of the U.S. congress is excited to move in and take charge. Many of the predictions and arguments I raised during the run up to the Iraq war have come true, although the people I got into animated arguments with on the merits of US neo-conservative foreign policy are long gone. I keep hoping that one day we’ll be done with this mess and be focusing our attention on more important and relevant concerns than world domination, oil, and no-bid contracts.

Wishful thinking still, I know. Still, I can’t help but cling to the hope that things will work out for the better eventually.

Almost turkey day and I’m more than ready for a break from the day in day out grind. Had a busy and hectic weekend, in more ways than one, I found that spending a quiet Sunday at a cafe up in MD was actually a nice change of pace. Meanwhile I’m running into more of the same consumer bug that infects someone after walking around linen n things for too long. you tend to by more crap than necessary to fill your tiny apartment.

And then theres the weather of course, it just took a turn for the more normal cold, down in the 40s and in finally feels like fall/winter. I had been getting used to this late summer for a while now, it was kind of novel having to chip ice off of the windshield of a car this morning. I’m also glad that I don’t drive to work everyday, when it starts snowing in the district it seems like it freezes the drivers’ brains as well. Lots of accidents seem to coincide with cold weather in these parts.

Last full week of classes and then its a shortened schedule and then its hit the books for round 3 of this adventure we call night school.

Mid November already and I’ve been too busy to post anything for at least a couple of weeks. The district is still abuzz with the midterm election results, it was only about a week ago, but people within the bubble are still talking about it. I’m a little surprised at how quick and how critical the pundits and wonks have gotten of the new leadership-elect, afterall its only been like what, 10 days since the election? So much for the “liberal media” - maybe with the prospect of a new leadership in this country that WON’T label anybody who asks journalist-like questions a terrorist the media finally decide to grow a pair and speak up. What a bunch of pussies. I thought newsies were supposed to be muckraking fiends, looking to push the limits of open and free information, to hold everyone, government, industry, the church, even themselves accountable by investigating and reporting the facts. I haven’t been too impressed with any of them for these past 6 years, thats for sure.

Lately it seems like its become trendy to argue the point that both dominant political parties are essentially the same, that really there is no point in voting, blah blah. I get the sense from people who like to raise this point that they are copping out of really discussing the issues at hand - more than often I hear this lame excuse lobbed out when the other person has raised a critical flaw in the Republican/Democratic agenda and really use it as a way of looking smarter and smug about the conversation. Although I do see some truth to this statement in general terms, especially being that they have a lot more in common demographically and are both pursued relentlessly by lobbyists, and the fact that both parties are very strong incumbents to challenges, I don’t buy this BS attempt at trying to act smug about anything but a landslide defeat for your party. I like to ask them the Republican losers (this time around) if both parties are really were so much the same then why the hell are certain news stations and opinionated partisans so upset by this peaceful transfer of power?

In recent years it has become more and more evident that there IS a difference in the parties when it comes to waging war and fear-mongering to the point where we shred up the very civil liberties under the failed promise that they are supposed to define us as a nation and preserve our freedoms. I think back to before 2000 when the economy was booming, there was talk about a federal budget SURPLUS, and people could think about public service through the armed forces without fear of being conscripted to an preemptive, illegal and immoral war being waged by fellow citizens and being profited from by the big corporate interests. I think back to the time following 9-11 when there was a unified international community behind the U.S. and people everywhere were willing to take that substantial step towards making the world a better place. And then I think about where we are as a country today, and how different things are from 5 years ago.

I’d like to think that a good section of my fellow citizens finally woke up and saw at least some of this before casting their ballots this year. There is a difference. Maybe its just a subtle one, but still it is a difference and honestly we do need something different at this point in history. even incrementally different is fine. Fine for now.

I was up until the early morning hours watching the election coverage and seeing the exit polls being posted on the various news sites along with the blog-coverage. I kind of get a kick of the of populist appeal that the whole blogging zeitgeist has had on the news, I think its fitting that a generation of somewhat tech-savvy kids and kids at heart have found a new, unfiltered medium of expression. It definitely offers alternative points of view, although in varied levels of quality and accuracy. It really is like a quasi-entertainment, fake-news sort of medium. Not to be taken too seriously, but definitely not to be ignored either.

I’ve been feeling a little overwhelmed lately, inspired for sure and appreciative for what I’ve been learning of course, but still feeling like I’m on the verge of being overstretched. It dawned on me recently that with school, work, and some special projects, I’m effectively been working three jobs - 1 full time (the one that pays of course, that takes #1 priority), and 2 part-time ones that don’t pay in cold hard cash, but pay out in terms of experiences and a very specific skill set. It’s been pretty difficult balancing things out and juggling the deadlines and meetings, but every once in a while I get a reminder why I’m doing all this in the first place. It’s all worked out very well. I’ve basically shaved off another hour of sleep per night on average, but somethings gotta give eventually.

During my late night study breaks I’ve continued to dig around on youtube finding some J-reggae, which is really hit or miss. Lately some of the reggae artists have been going back to the source and collaborating with old school dancehall and reggae artists, which with interesting results. works with one singer and how not so much with another one despite both of them having their respective fair share of talent and musical ability. Of course I have yet to hear something out of Japan that comes even close to the more authentic sound. Give it time though, I’m sure it’ll come around - they definitely have gotten the general beat sound down pretty well.

Reading up on for con law the separations of powers and the more recent cases that have come down in the supreme court regarding the expansions of executive powers and the Military Commissions Act that just was recently passed. It was interesting to see another angle based on my readings while watching a late night cable news broadcast special on the current administration in regards to the VP’s rumored quest to re-establish executive power of the presidency that was damaged from watergate and the Iran-contra scandals.

I continue to be baffled at people who think nothing of the broad authorization of power for the executive, or any one branch, especially those who seem to think that there is no risk involved. I was talking to a friend recently about the MCA legislation and he was quick to say that people are overreacting, that even if the government had been authorized to suspend habeas corpus and hold people indefinitely, there is no way that the government would go as far as to use that power.

I didn’t even bother explaining it to my friend that this sort of thing has already happened, at least twice in history (civil war, WWII) and apparently a third time in the days following 9-11. There are already reports now of as many as 14,000 individuals on American soil that apparently were rounded up and whisked away to secret federal prisons, and eventually sent to gitmo for interrogation and torture. Some of the stories from those that have been since released are starting to come out more in the mainstream media.

Unless you’ve been living under a rock these past 5 years, it would be obvious that we have succumbed to a system of justice that is more willing to assign guilt by association, either by religion, ethnicity, or language. The concepts of due process are being eroded under the promise of security. The MCA legislation allows the executive branch to designate any individual, non-US citizen and citizen alike, to be deemed as an enemy combatant, provided the individual purposefully or knowingly provided material support to the enemy. The standard for this designation sounds like one that could be easily spinnable by a general counsel.

Not to get too much into the mens rea (state of mind) arguments that comes with being a law student, purposefully and knowingly are supposedly at the higher end of a guilty mind, followed by reckless or negligent. The mens rea present a standard of which the prosecution must prove a case. The higher the standard, (P,K,R,N) required by the law corresponds with the level of intent that the defendant had in committing the crime. I’ve read some right-wing bloggers disregard the MCA compromise provision when it comes to holding American citizens as enemy combatants on the basis that P,K is a high standard to meet. Unfortunately like anything else in law, standards and theories argued in the abstract are always vulnerable to the poltical, economic, and social signs of the times, all disguised as a well crafted legal argument, which is what lawyers are trained to do. Besides this misses the original point - Why allow this broad and seemingly limitless expansion of power in the first place? Do we want to live in fear of our own government as well as the terrorists?

The constitution adheres to several systems of checks and balances of power for any branch, and at least the first two times were deemed constitutional by the judiciary in part because the country was at war, and ruled that it came under the president’s wartime powers of being able to temporarily suspend habeas corpus in times of war, or national emergency. This time around it was up to congress to exercise their check on power by recognizing the unconstitutional nature of this law and not vote for it. It seems like a little more than half of congress fell asleep at the wheel on this on. Lets see what the judiciary will do when this comes up for appeal.

Having a decent weeks with class, I’m feeling like everything is clicking in my brain and I’m getting a good handle on all the recent material that is being covered. I suspect it has to do with the unit topics that we’re covering.