Living the Buppie Life

A busy week for me

2010-05-02T19:22:00.000-07:00

Like always, the week I decided to revive my blog ended up being one of my busiest weeks. I ended up in trial by getting a hand-off. A hand-off means that on trial day, the judge that runs the main calender court (who decides which and how many trials will begin) assigns more than one trial to start. Thus, another DA, one that was not assigned to do trials that week, is given the second trial to do. This is called a hand-off - since the receiving DA is essentially being handed a file with no knowledge of the case or the facts. It's always nice to get a trial, although it can be hard because you won't be as prepared as you would be if you were the trial DA.

At the same time, while I was in trial, I got an eye infection that caused my eyes to be very red and irritated. Luckily, I had an ophthalmologist appointment already set and the judge accommodated my appointment. The appointment turned out good. The eye drops I got from the doctor have made my eyes feel so much better than they were.

In any case, I still found time to finish the book Never Eat Alone, which I greatly enjoyed. I'm sure I will blog about it in the future. In any case, despite the busy week, the blog revival will continue.

Another blog rebirth

2010-04-26T09:26:00.000-07:00

So I'm back to blogging and alot has changed since I last posted. The biggest thing is that I'm back home in the Bay (yay!) I left Merced about two months ago because I was offered my old job back with benefits (I was hourly without benefits before moving to Merced). I'm still spending vast majority of my time at work, professional events, or just trying to become a better lawyer (reading cases, legal books, and stuff like that).

For the first time in a while, I read two books that have nothing to do with the law. I read Four Hour Work Week by Timothy Ferriss and Never Eat Alone by Keith Ferrazzi. I read the first book in a record two days, beating my old book reading record by about three months. I'm mostly through the second book. I enjoyed both of them thoroughly. 4HWW focuses on entrepreneurship, automation, focusing, and mobility. NEA focuses on networking and maintaining friendships and relationships.

Over the next few weeks, I'm going to try a few ideas from the books and see how they work for me. This blog will record my thoughts and progress implementing some of the ideas in the books. In addition, I will also do the occasional blog post about the legal, tech, or newsworthy subjects that I think about. Trying again...wish me luck.

First full day in Merced pt. 1

2009-11-04T20:08:00.001-08:00

My first full day in Merced was Monday and it was quite a day. It started out very calm. I unpacked several boxes and began to find places to put my belongings. I also chatted with my roommate for a little bit. Although I don't remember all the details of the conversation, I do know that my roommate mentioned that she had a friend name Tyrese. I said something to the effect of "Tyrese, like the singer?" She said yes. I thought to myself that I didn't expect there to be a "Tyrese" in Merced. I also figured he was black given his name. It would be really funny if a white family named their son Tyrese. The conversation ended and decided to leave the house to run some errands.

I headed off to Costco to do some shopping. It was pretty easy to get around the store because Costco had the exact same layout as the one I used to frequent in Richmond. I'm guessing that every Costco store has the same layout, which struck me a very efficient way to do store layout on the nationwide basis. In any case, I stood in line to get checked out and the register next to my line opened. The cashier called me over to the open line, sparing me what likely would have been a 15 minute wait. I noticed that the cashier was black. As I started to slide my card and look up, I saw that the cashier's nametag said "Tyrese". I figure it has to be the same person who my roommate mentioned earlier. I'm also thinking that it would be really weird if it was that same person. Aside from randomly choosing Costco as a first destination, I only had about a 1/10 chance of picking his line. Actually, a 0/9 chance until his line opened right next to the line I picked. Then It was 1/10 I suppose.

I wanted to say something to him – perhaps ask him if he knew my roommate. But then I remembered the context of which we discussed him and I figured it would be weird. Some quick background: I live in a four bedroom house which has two occupants (including myself). The landlord has been trying to rent out the rooms in the house, but in the last three years – there has been a max of two people in the house at any given time. My roommate informed me that we might have a third person moving in soon. A girl from a small town near Yosemite. Tyrese is her boyfriend – and that's how he came up in conversation. End of background. So consider this line: "I'm dtrizzle, I'm the dude who is going to be living with your girlfriend." Yeah, probably not a good idea. So although I figured he was the right person, I kept my mouth closed.

After paying for my groceries, I headed to the exit. And there she was. My roommate was the one checking receipts at the store exit. I was confused because I had no idea she worked at Costco. Further, when I left the house, she was still there. She had mentioned in the past that she did security. I may have seen some Costco documents around the house, but didn't make much of them at the time. In any case, she made sure I wasn't stealing anything and marked my receipt. I told her that I had been checked out by someone named Tyrese and asked if that was the same person she was talking about. Yes, it was. And at that moment – after running into my roommate an hour after talking to her and running into the boyfriend of a potential future roommate, I realized that Merced is a really really really small town.

I'm moving to Merced

2009-11-01T01:08:00.000-07:00

Dear Friends,

Later today, I am putting all of my belongings into the back of a U-Haul truck and heading to Merced, CA. Two weeks ago, I accepted a position as a Deputy District Attorney for Merced County. I'm moving to pursue that opportunity.

Making the choice to move was not easy. After all, I'm from the East Bay. My family and friends live here in the East Bay. Even aside from that, the Bay Area is a special and unique place in terms of diversity and culture. I will miss it.

On the other hand, I am very excited about my new career opportunity. The people at the Merced County District Attorney's Office have been incredibly nice and welcoming. They have made clear to me that lots of opportunity exist in their office for advancement. Given my trial experience, it is likely that I will be able to move up into felony trials soon. Unlike in Contra Costa County, my position is permanent, stable, and fully benefited. There is no three year contract period.

Merced is a small town and it will take some getting used to. However, I will definitely take advantage of the small town benefits. Hopefully, I'll have time to read books, study topics I find interesting, and learn more about the law. I plan to explore Fresno, Modesto, Yosemite, and other places I might not have given much thought. Even with the move, I'm only two hours away from the Easy Bay.

Everyone, keep in touch. And let me know if you know anybody in the Merced / Fresno / Modesto area. I could use a few friends / connections since I don't know anyone in a 90 mile radius. I'm planning to blog about the experience and post pictures when I get the chance. My internet access will be limited until I get my internet service started at my new place.

Scalia on legal careers

2009-10-02T22:27:00.000-07:00

During a recent C-SPAN interview, Justice Scalia said:

Well, you know, two chiefs ago, Chief Justice Burger, used to complain about the low quality of counsel. I used to have just the opposite reaction. I used to be disappointed that so many of the best minds in the country were being devoted to this enterprise. I mean there’d be a, you know, a defense or public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn’t she out inventing the automobile or, you know, doing something productive for this society?

I mean lawyers, after all, don’t produce anything. They enable other people to produce and to go on with their lives efficiently and in an atmosphere of freedom. That’s important, but it doesn’t put food on the table and there have to be other people who are doing that. And I worry that we are devoting too many of our very best minds to this enterprise.

And they appear here in the Court, I mean, even the ones who will only argue here once and will never come again. I’m usually impressed with how good they are. Sometimes you get one who’s not so good. But, no, by and large I don’t have any complaint about the quality of counsel, except maybe we’re wasting some of our best minds.

(WSJ Legal Blog)

On first blush, I agree with him. The biggest changes in my lifetime seem to come primarily from the realm of science and technology. (ie: the internet, iPhones, computers, medicines, Google, etc.) However, his statement is a gross oversimplification.

Lawyers do produce goods in a way. Lawyers draft wills, trusts, contracts, legislation, and briefs which affect public policy. We ensure that our society is governed by law. Prosecutors help stop crime by putting criminals in jail. Defense attorneys protect their clients rights. Judges insure fair trials. Consider landmark decisions such as Brown v. Board (intergrated schools), Miranda v. Arizona (“You have the right to remain silent…”), Gideon v. Wainwright (right to counsel). While lawyers don’t produce goods in a traditional sense, they have produced positive social change which has affected peoples’ lives as much or more as new technology and science.

I love being a DA, but sometimes wish I could help friends

2009-09-08T11:13:00.000-07:00

I love being a Deputy District Attorney. The job is fun. I spend alot of time in court. I get to litigate everything, including doing jury trials and motions. I've also been successful as a DA. But in this job, I have a number of restrictions on what I can do. For instance, I cannot represent other people while I'm a DA. At all times, I represent "The People of the State of California" and I do so on behalf of the elected DA.

There are some days where I wish that I was in private practice. Not because of my job. I love my job. It's because so many friends call me with legal problems. I'm happy they call me. I became a lawyer so that I could help people with legal problems. But in most cases, I'm not able to help the people that call me because I'm not allowed to do any outside legal work.

In general, the rule makes sense. I can understand why it might be a bad idea if a DA was able to take cases freely. But there are days where I really want to be able to help other people out.

Just in the last week, several people have called me with legal troubles.

An old friend called about her younger brother (a juvenile) being arrested and wanted to know what to do.
My mother moved into an apartment where the landlord regulary enters the apartment illegally to snoop around.
A close friend (actually, someone who helped raise me) was arrested for homicide when he dropped his baby son in the bathtub and his baby later died.
The brother of another close friend (another person who helped raise me) was arrested and my friend wanted advice on whether the plea deal was good and if his brother should take it.
The brother of the wife of another close friend (another person who raised me) called me because he is being told he has to pay restitution on a case that he dealt with almost 15 years ago.
Another friend, someone I grew up with, recently emailed me for advice forming an LLC for his sucessful consulting business.
The same friend from above previously contacted me about properly terminating a poorly drafted contract he had entered into with another person.
The parents of a good friend asked me for advice regarding a potential property line dispute they are having with their next door neighbor.
A good friend of mine was recently arrested for DUI.

These are just the issues that I can think of off the top of my head. I'm sure I could find more if I looked through my email and spent more time thinking. For now, I'm sticking to being the best district attorney I can be (and thus, giving friends vague general guidance or a referral). But at least I know I would have a couple of clients if I ever were to go private.

Consider me a business user

2009-08-31T10:01:00.000-07:00

Over the last several months, I’ve noticed that my computer expectations and demands have changed considerably. I’m not interested in the latest computer technology or the hottest design. I’m not looking for the new shiny product.

I really just want whatever works reliably and whatever works the best. In the past, I’ve had a lot of time to play around with different setups and programs for getting stuff done. For instance, I’ve spent a good amount of time playing around with Google Docs even though I know that it is nowhere near production quality. I’ve tried OpenOffice because it is free. I’ve played with Linux because it’s free and because its supposed to have good performance. I’ve played around with the Windows 7 Beta (not quite there yet) and the Windows 7 RC (quite solid). I bought a stylish gold and black Asus multimedia laptop, which I stopped using because the keyboard and touchpad buttons were not up to snuff. As you all know, I got rid of the MacBook. I just don’t have the time to play around anymore.

No more betas, release candidates, or other shaky software for me. No more shiny computers. No more software that is advertised as just as good, but for some unknown reason, no one actually uses it. I’m sticking to the basics. I’m sticking to what works. I don’t care if it is ugly or unpopular.

It’s Windows Vista Business SP2 (which is stable), Office 2007, and Firefox for me. I’ll stick with my trusty Lenovo ThinkPad T61, even though it is large, ugly, and rather industrial looking. When the difference between getting the job done and not getting the job done means messing up a trial, not filing a case, or simply being unprepared for court, one becomes a little bit more conservative in what they choose to rely on.

So my MacBook is gone

2009-08-19T09:31:00.000-07:00

That’s right. I sold my MacBook. It was nice to have for a few weeks. It was a good computer but at the end of the day, it did not meet my needs. I’ve learned a lot in the time that I had the Mac. Here is some of what I’ve learned.

1) MacBooks are excellent computers. My Macbook worked as advertised. It was quick, reliable, and easy to learn how to do the basic stuff. Some features, such as advanced power management (standby mode) worked perfectly. To this day, I have never had APM work well on a PC.

2) There is less software available for the Mac than for the PC. I know this probably seems obvious, but one doesn’t really realize how this is an issue until you need the software. I particularly missed Chrome, Media Monkey, and Windows Live Writer. Also, Office 2008 for Mac is inferior to Office 2007 for Windows. The interface sucks. Further, OpenOffice preserved the look and style of my Office 2007 documents better than Office 2008. That’s just sad.

Also, software for the Mac costs about 30 to 40% more than the equivalent Windows software. I don't know why. That was just my observation. Cool software and tricks from blogs such as Lifehacker frequently focus only on Windows software so I missed out on that also.

3) Apple hardware rocks. I loved the MacBook keyboard and build. It was stylistic. It felt high quality despite being the cheapest model and everything worked well. However, you do get a lot less quantity for your money than you will get with the average PC. The quality will be higher than with the average PC.

4) Overall, I found Apple’s software to be quality, including iTunes, Safari, iWork, iLife, etc. However, I personally found the software to be inflexible. You had to do it the Apple way. If that worked for you, the software was great. If it didn’t, you did not have very many alternatives. The Apple way didn’t work for me.

5) Apple customer service kicks ass. The one time I did have an issue booting my MacBook, I made an appointment at an Apple Store. My name was called on time. The person helping me was knowledgeable, friendly, and fixed my computer. I did not get harassed about a warranty. He simply scanned my computer and fixed it.

6) I’m a PC. What I mean by this is that I know PCs and Windows so well that it was impossible to transition without lots of time and effort. In my current job and lifestyle, I simply don’t have the time to relearn everything. Further, the costs of being slower on a Mac are high to me now. I have used PCs since I was 10 years old. I have almost exclusively used, built, and hacked PCs over the last 16 years. I did use Macs (namely Adobe PageMaker) while on the school newspaper in high school, but I never did anything outside of a web browser or PageMaker.

I’ve also learned that I’m a power user. I know most of the Windows shortcuts, I know how to fix Windows problems. If I can’t fix the problem, I know where to look. With Macs, I knew nothing. I could barely install and uninstall programs. I knew no shortcuts. It took me several minutes to do on a Mac what it would take me a second or two to do on a PC. Sometimes it took a very long time to figure out how to do something new (like burn disk images). Once I learned, it was easy, but it took a while the first time around.

If you have been using PCs for years and years and are considering a Mac because people are telling you it is better, do not switch. It takes time and energy and will be years before a Mac will work as well as a PC for you. Macs probably are better than almost all PCs, but it won’t be better for you. Just wait for Windows 7 and buy a very high quality PC (Thinkpad, Dell XPS, etc).

If you are not computer savvy and are looking for a new computer, I would absolutely recommend a Mac. They are easy, work as they should, and provide excellent customer service. Just don’t ask me how to do anything because I don’t know.

Initial thoughts on my MacBook

2009-07-24T12:05:00.000-07:00

I’ve been using my MacBook for several weeks now. Overall, I like it. The packaging was nice. The MacBook itself looks very stylish, even though it is the cheapest model now. The keyboard, perhaps the most important feature to me, is great. The keys are perfectly spaced, elevated, and require minimal pressure. It seems very fast and responsive to everything I’ve tried to do so far.

I really like MacOS - although I find it incredibly unintuitive. So far, I believe that I've been slightly less productive on my Mac than I would on an similar PC because I'm still getting used to the difference. Over the next week or so, I plan to write a bit more about my transition to a Mac. Overall, I like it but there have been some issues with the transition.

Google OS is exciting, but web apps need improvement

2009-07-08T00:05:00.000-07:00

Google just dropped a bomb on the technology world. Google will release a Google Chrome operating system. According to the Google blog post, it will be based on Linux and released next year. It will be focused on web applications and will be open sourced. Overall, it is very exciting news and I look forward to seeing what Google eventually releases. One year is a long time in the tech world and alot can change in that time. For now, the Google OS is vaporware, as is Google Voice (for me) and Google Wave.

The immediate impact of the announcement will be minimal after one gets over the initial shock. At least until Google's web applications improve. Despite losing their beta tag, Google Apps needs improvement before it can supplant desktop applications. Until that happens, a web based operating system means little because it is only as good as the applications it can run.

I got my MacBook

2009-06-21T00:01:00.000-07:00

I finally got my MacBook in the mail on Friday. I’ve been using it for two days now. Overall, I like it. The packaging was nice. The MacBook itself looks very stylish, even though it is the cheapest model now. The keyboard, perhaps the most important feature to me, is great. The keys are perfectly spaced, elevated, and require minimal pressure. It seems very fast and responsive to everything I’ve tried to do so far.

I am just starting to learn how to use it. For the first time since third grade, I don’t know how to use my computer. I’ve installed a couple of programs, watch a tutorial or two, and clicked around to learn how to do stuff. I need to find a few friends who have had Macs for much longer than me. They might know how to find the Control Panel. :-)

The next question is G2 Android or Iphone?

I finally pulled the trigger (New MacBook)

2009-06-14T01:05:00.001-07:00

Image via Wikipedia

I finally did it. I bought a MacBook. I'm trading in my relationship with one evil empire for another evil empire. Granted, my new evil empire has been making some pretty kick ass products of late. My former one is still trying to get on the right track.

I opted for the current generation white MacBook. I got it from MacConnection, an Apple authorized reseller. With rebates, I got the white MacBook, Iwork, and VM Ware Fusion for under $1000. I went out of my way to find an online retailer that did not have a presence in California so I did not have to pay the ridiculous 9.5% sales tax or whatever it is these days.

Between Iwork and OpenOffice, maybe I can also lose my addiction to MS Office, which I have to admit is very good software. Fusion will allow me to run Windows 7 in a virtual machine if I absolutely need to use Windows for something. I figure it's good to have around as a new convert.

I can barely wait for it to arrive. According to my UPS tracking, it originated at Columbus, OH. It is currently in Indianapolis, IN. It is expected to arrive on Thursday of next week. It can't arrive soon enough.

Thoughts on WWDC

2009-06-09T16:49:00.001-07:00

Yesterday, Apple had its huge WWDC conference. I'm a little embarrassed to admit that I not only followed it, but I kept my eyes glued to the Gizmodo live blog during almost the whole two hours. All while getting work done, thank you. Everyone looked forward to the new Iphone, which turned out to be basically the exact same thing, just faster.

To me, the bigger news was the price of the now old 3G Iphone ($99) and the price of the Snow Leopard upgrade ($29). The Iphone was already the best device on the market and now it's cheaper than many inferior devices. Of course, my main objection to the Iphone has been the cost of the data and voice service, not the cost of the phone. Also, the price of Snow Leopard is remarkable because I feel like the vast majority of users would have paid $100 more without giving it a second thought. Now Microsoft is going to look very bad when they gouge people upgrading to Windows 7, considering how bad Vista is. I hope this price competition causes Microsoft to price Windows 7 lower than they normally would.

Considering buying a MacBook

2009-06-04T22:26:00.001-07:00

Yesterday, I mentioned that I was strongly considering buying a MacBook on Facebook and on Twitter. The post elicited lots of response. Most of the responses said either "DO IT!!!" or "NOOOO!" (slightly paraphrased). I've considered getting a MacBook for a while. I've heard that they are much better than PC's. Especially given most PC's with good specs come with Vista. I still have not met a person who owns a MacBook and doesn't like it. Same for the Iphone.

The main selling point of Macs is the operating system Mac OS X. The hardware and software available for Macs is similar to PC's. Further, most of what I do with a computer is on the web now so the operating system and the software matter a lot less than it has in the past. However, I'm still leaning on getting a MacBook. I'm actually mostly interested in a Mac because of the hardware.

I've owned many PC brands of laptops including Dell, Gateway and currently Asus. My Gateway had an overheating problem which I received settlement money for. It used to shutdown several times a week without warning. It was heavy and had an ugly industrial design. My Dell was decent but it has issues too, including a crappy keyboard. My Asus has awesome specs, but has a crappy keyboard and mouse buttons which are so stiff it is difficult to press them. I just want a computer that I know will work as promised, will not be hella heavy, have a decent keyboard, and just work like a modern computer should do.

Right now, that computer is the MacBook. However, I'm waiting until after the WWDC conference (next Monday) before I actually buy. Apple might release Snow Leopard or some other cool software. I just want to make sure that my computer does not become obsolete right after I buy it.

Pimping out my mp3 player with Rockbox

2009-06-02T21:14:00.001-07:00

Although I spend a ton of time with work, I've been finding time to do what I like to do.

Yesterday, I decided to pimp out my 2GB Sansa E250 mp3 player by deleting the original firmware on the device and adding an open source firmware called Rockbox. For those who are less into tech than I am, firmware is the software on the device that allows it to do whatever it does (in this case, mostly play mp3s). The Rockbox firmware adds new features and functionality to my Sansa player. In particular, it allows for video playback, supports a wide range of media formats, including the open source ogg (mp3 replacement) format, allows for gapless playback, cross fading, and many other features that are not available on the original firmware.

The best part about this particular mp3 player is that it cost me only about $25 on techbargains.com where I see it listed every few weeks or so. I saw it as cheap as $40 today. I strongly recommend grabbing an inexpensive mp3 player (instead of an iPod) that is Rockbox compatible, loading up Rockbox, and enjoying an inexpensive feature packed mp3 player. It's half the price of the cheapest Ipod and unlike the cheapest Ipod, comes with a ton of features and a nice color screen.

Back to me

2009-06-01T21:03:00.001-07:00

I'm back! It's been a while since I've blogged. I have millions of reasons why I haven't blogged, but they don't really matter. I'm writing now.

I've had a lot of exciting changes in my life recently. I got laid off from work. I got a reprieve 36 hours before my last day. I moved to a new apartment. I have a new boss.

The hours and workload is a bit high, but it's a normal part of a job that I enjoy very much.

To counter balance all the time I spend at work, I've decided to recommit myself to the stuff I love and enjoy to do. That includes blogging, hacking, playing around with tech, going to the gym, dabbling in politics, and spending time with my friends. To get back on my stride, I've revamped this blog significantly. I've got a new url. We now exist at www.buppielife.com. While I'm making no promises, I expect to blog at least every couple of days.

Welcome to my little home on the web: The Buppie Life.

Fix your center brake light when in California

2009-02-02T19:18:00.001-08:00

My car broke down a little over a week ago. When I took it to the shop, they could not figure out what was wrong with it. When I tried to start the car, it wouldn't start. But once the tow truck took my car to the shop, it started perfectly. The shop did a 30 point inspection of the car and came up with $3,000 of other repairs that I needed. However, in an attempt to show that they were not trying to rip me off, they tried to point out stuff that was broken that I did not need to fix. For instance, they highlighted my center brake light, which is mounted on my rear window, as an example of something did not work but that I shouldn't get fixed. My left and right brake lights worked fine.

The shop explained that the third center brake light was optional. Therefore, under California law, it made no sense to fix the light, saving me $500. It seemed to make sense. However, I was skeptical because I recalled in the back of my mind that the Vehicle Code required all lighted equipment to be operational (See Cal. Veh. Code § 24252). I wanted to research the situation and had the opportunity to do so today.

My conclusions:

The Vehicle Code only requires two stoplamps. (Cal. Veh. Code § 26103.)
A supplemental light may be mounted inside the rear window (Ibid.)
However, when you have a third stoplamp, it must be operational. (In re Justin K. (2002) 98 Cal. App. 4th 695). If it is not, there is reasonable suspicion of a Vehicle Code violation. (Ibid.)
My car shop either needs to get better lawyers or stop giving out erroneous legal advice.

Supporting prostitution?

2009-01-20T08:12:00.001-08:00

My dear friend goldenrail volunteered at a prostitution recovery program last year. As I thought about what she was doing, it occurred to me that it was possible that she was unwittingly supporting prostitution.

Becoming a prostitute has certain benefits and costs. One benefit is the potential to earn money quickly. Costs include safety, health, and social stigma. By working for a program that helps women transition from their life on the street to a normal life, you are helping to lower the cost of going into the prostitution profession.

She quickly pointed out that it was unlikely that anyone entered prostitution directly because of her choice to volunteer. Surely, she must be correct. Her effect on the potential prostitutes is probably is not perceivable by someone initially considering whether to become a prostitute in the first place. Even if her effect was perceivable by a potential prostitute, her effect in helping women in isolation would likely be such a small factor compared to all the factors one must consider before becoming a prostitute. Thus, her volunteering is unlikely to be the deciding factor in any woman’s choice. Both points are very well taken.

Although I basically agree with the above two premises of hers, and her argument is strong, I still believe she promotes prostitution at the end of the day. When considering the effect one has on potential prostitutes, one has to consider the aggregate effects. That is to say, although her acts in isolation do not cause people to become prostitutes, when you consider the acts of all the volunteers at all locations that support recovering prostitutes, their combined effect is likely tremendous. Without any volunteers, I’d imagine some centers for women would not be able to operate. With volunteers, you have programs, and the costs of prostitution lowers significantly.

My analysis on her effect on prostitution is essentially similar to the aggregation principle articulated by our Supreme Court in Wickard v. Filburn, 317 U.S. 111 (1942) or more recently in Gonzales v. Raich, 545 U.S. 1 (2005). My argument is similar to the way our legal system considers the aggregate effects of an action in deciding whether an action affects commerce for purposes of the Commerce Clause of our Constitution. In short, all the little acts add up and have a big effect.What do you think?

CA case law free on Lexis

2009-01-07T06:32:00.000-08:00

While surfing the CA courts site, I learned that the state is now providing free access to its case law through Lexis. Usually, access to Lexis costs a ton of money. This offering is huge in terms of people having open access to the law.

There are some limitations. For instance, only published cases are available. It costs money to Shepardize but it at least shows you the warning icons so you have some idea whether the case law is good. Overall, this is an excellent development. Case law should be free and available to all. Now you all have a way to research all of the CA citations I plan to use in the future. :-)

I've put a link to the CA courts Lexis page on my sidebar for easy access.

Perhaps a new blog direction

2009-01-05T22:33:00.001-08:00

In the past, I've always used my blog just for fun. I've written about topics that I was interested in or just about life in general. Most recently, I used it to help me get through studying for the bar exam. Now that I've passed the bar and am working, I have less time than I had in law school, undergrad, or even studying for the bar. Granted life is much better and enjoyable with the bar exam behind me.

It's become harder to keep in good contact with all the people that I'd like. I've been barely squeezing in time for the people I love and care about greatly. Thus, I'm starting to look at different ways to proceed with this blog.

One idea is to use it mostly to keep in touch with people. One to many communication. Thus, I can keep many people abreast of what's happening in my life without having to write much of the same to each person. Another idea is to use this blog to highlight interesting facts I learn about the law from my job. For instance, in California, did you know you can be legally pulled over for hanging a common small tree shaped air freshener from your car's rear view mirror? (See People v. Colbert (2007) 157 Cal.App.4th 1068).

For the short term, it will be a random mix. In any case, I'm back and glad to be back.

I passed and have returned

2008-12-08T22:46:00.001-08:00

I passed the CA bar exam and am officially a lawyer. I was sworn in by a judge last week. At some point, I will write a post about what I did to pass. When I began my bar studies, I found it reassuring to see what others were doing or what they had done to pass.

Like my fellow bar blogger CalBarNone, I freaked out and deleted my blog several weeks after the exam. While I really enjoyed the community of bar bloggers, I found myself stressed by other people's negative experiences with the bar exam. I didn't want to become too jaded about the exam before getting my results. When studying, I also became paranoid that the time I spent blogging instead studying might be the difference between passing and not passing.

While my decision was a bit rash, I have no regrets given that I passed. Unlike CalBarNone, I did save my posts so I'm not starting from scratch. However, I'm certain that I lost my readership long ago. Oh well. I guess it's the price I had to pay to become a lawyer.

SFMOMA reads my blog

2008-08-15T13:47:00.000-07:00

SFMOMA is apparently curious to know why I say Hawk should sue them. They checked out my blog yesterday. That's good for them because over the next few days, I will explain why Hawk might be successful if he were to bring a suit for defamation. I'm not a lawyer and my posts are not legal advice. They will simply be my analysis of a defamation claim on the facts of the Hawk scandal.

I hope Hawk sues SFMOMA

2008-08-13T18:52:00.000-07:00

Over the last few days, I have finally remembered why I went to law school to become a lawyer.

Several days ago, Thomas Hawk, a prominent blogger and photographer, was thrown out of the San Francisco Museum of Modern Arts. Simon Blint, a SFMOMA employee, accused Hawk of taking inappropriate pictures of female employees or guests. Hawk offered to show Blint his pictures to prove he was not taking inappropriate pictures but Blint refused to look at them. Blint ejected Hawk. Hawk blogged about the incident which attracted the attention of the blogosphere. Today, SFMOMA released a statement in which they fully supported the actions of Blint.

SFMOMA is wrong. I believe Hawk's version of the events. Why? He has evidence to support his version of the events while SFMOMA doesn't. Hawk has publicly posted the pictures he took at the museum at the time that Blint accused him of taking inappropriate pictures. These photos demonstrate that he was taking pictures with a wide angle lens. It would have been impossible for him to take the types of pictures that the museum staff accused him of taking.

In their statement, the museum fully supports Blint and again accuses Hawk of taking inappropriate pictures of the staff and of the guests. However, they do not address that fact that Blint would not even look at the pictures before ejecting Hawk. Further, they do not say anything that would rebut the version of events that Hawk gave. Also, they do not address Hawk's proof, that is, the pictures which show that he could not have been taking the pictures that they accused him of taking.

Wrongs like this happen all of the time and it infuriates me. Most people would simply have been ejected and it would have been the end of the story. Hawk happened to be a blogger who was able to attract some attention, but the average Joe would not have been able to. Furthermore, in their statement, SFMOMA appears to libel Hawk.

Anyway, I went to law school so that when shady stuff like this happens, I could do something about it. If I had a law license, which is hopefully arriving in November, I would be emailing Hawk right now and offering to represent him. I hope he hires a good lawyer and sues the hell out of SFMOMA.

Anonymous legal blogging

2008-08-11T02:16:00.000-07:00

Most legal blogs are written anonymously; one big exception is law professor blogs. Why the anonymity of most legal blogs? In my case, I chose to be anonymous because most of the other lawyers and near lawyers online were anonymous. While I did not have any specific concerns initially, I followed the crowd. Perhaps the other anonymous lawyers recognized risks that I had not accounted for.

Watching the presidential race reminded me that one reason to be anonymous online is to make sure that nothing you write comes back to bite you in the ass later. Obama, despite having two books where he reveals much personal detail, still has the media researching every writing they can get their hands on. In fact, several media outlets published the syllabus and final examinations from Obama's Con Law classes at the University of Chicago Law School. Isn't this going a little far? I'm not planning on running for president. But I could see myself running for a local office of some sort in the future.

Also, let's be real. The legal profession is one of the most conservative. Being from a liberal place, it is not special to see two women kiss. In fact, it's a regular greeting in many countries. However, such a kiss got two summer associates canned in Minnesota, a fairly liberal place. Although kissing is different from blogging, I can see some words being pulled from a blog and being placed out of context in a way that could look real bad. In our profession, is that enough to hurt a career or to lose a job? My fear is that it is and that is why I'm still mostly anonymous.

I'm not totally anonymous. My facebook page links here, although I might change that soon. Also, several friends of mine know who I am. I also have my face in my profile and on several other sites with the same nickname. Doing this helps me remember that I'm never really anonymous. I'm sure someone could figure out who I am if they tried. After all, I'm not doing much to hide it. Knowing my identity is not truly hidden helps me watch what I say online and blog responsibly.

The bar is over, now what?

2008-08-08T04:25:00.000-07:00

Now that the bar is over, most of the bar blogs have calmed down. One has even disappeared. This makes perfect sense. We all have the time and perhaps the desire to blog more. However, we also want to put the bar exam far into the past. At least, that's how I feel.

Thus, from now until the bar results come out, I'm going to branch out and try blogging about different subjects that interest me. I plan to blog about technology, the law, and maybe even a little about politics. In short, this blog is going to be more about life and my thoughts instead of about the bar.

Hopefully, you all understand. With that said, I hope the other bar blogs keep going strong, even if they are about something other than the bar. While I'm SO happy the bar is over, I do miss our online community.