Rule of Law: Government in all of its actions is bound by rules fixed and announced beforehand - rules which make it possible to forsee with fair certianty how authority will use its coercive powers in given circumstances and to plan one's individual affairs on the basis of this knowledge.
(F.A. Hayek) The Road to Serfdom

Thursday, December 27, 2007

Ireland



Ireland, what can I say about it? I am sitting in Panera looking for flights to Ireland for the summer and am thinking that I have done a good deal of traveling in my 25 short years. Ususally you need to be in the army to have seen this much of the world. I have been to 4 Europeon countries and will go to at least 3 more on this trip. Perhaps four if I can work it out. When I think about all that I have learned on the trips I have taken already I am overwhelmed by the similarities between the cultures. If you examine the way that most countries do business, On the local level you see that the market is running the daily lives of the people. Then you can expand to the macro level and you see a central planned system, (if the country has one), and although I have never been to a true centrally planned system, the differences between Switzerland, Germany and Italy, are dramatic. These differences fly in the face of the Europeon Unions control over the countries. In this regard there is still a good deal of autonomy despite the trading block the the Union is attempting to create. Ireland now as undergone a major transformation into the capitalistic world by all but aboloshing their corporate income tax. Now this might be a vast oversimplification but the results speak for themselves. Take a look at the major companies that have moved in the area and you will be amazed at the names that are there. From as little as one to two centures ago, thier citizens were suffering from mass poverty, now, most of their country is in world terms, upper middle class. I will continue to post about Ireland, especially about the towns and regions that I am going to. I wanted to get a post out about the trip though because I am increasingly growing excited about this trip. It will be the longest that I will have been abroad, additionally, I plan on using this as a test to see if I will be able (mentally) to be an international attorney. How hard will it be to be across the world from my family for extended periods at a time. Although this is not a perfect example as I have no wife or kids yet in my life, I hopefully will at some time and if this is the business that I want to go into, I will have to get used to these extended trips. Well, I guess if you have to leave the ones you love, where better to do it than Europe?

Sunday, December 23, 2007

Nonsense - enjoy the food


I was looking through some picture and ran across this one. I remember this day as the day I ate 18 apples. Although every apple tasted good, there was definitely the law of diminishing returns working against me. I kept getting fuller and fuller but they tasted so good. Some times you just need to live a little even though it will hurt a little later. With Christmas eve and Christmas coming up, remember it was worth it, look at that smile.

Standing on a Bridge


Every year around this time I begin to get flooded with memories of the past. New and old memories alike rush to my brain in what seems to be chronicle of my life. On the outside I may look like another average person but I look at what average means. There is no such thing as an average person. Average is the sum of all available persons divided by the total number of people. Although it is possible that someone fits this average exactly, the probability is very slim. So I will now classify myself as unique. ... In my unique life how did I arrive at the man... boy... person...that I am today? Look at the picture and you will see a visual representation of what I have become. I am standing on a bridge, trying to get to the next stage of my life, (the working years), praying to make those around me proud of me. In this context, to my right you will see what I have learned over my short 25 years. To my immediate right is a girl who has done nothing in her life but made me proud. I look at what she has accomplished in her minuscule 15 years and am awestruck at the young woman she has become. Her accomplishments at such a young age remind me that if I do not stay on top of my game, I will no longer deserve the title of role model. I am glad for the inspiration that she provides for me, I am also proud to know that perhaps in some small way my attitude has helped shape this person.... Now look to the right again. You will see the biggest smile that can come out of someone. Although he is just a little boy still I see what he can accomplish. I love his attitude when he has lost or is hurt and he bounces right back up and gets on the horse. He has the brain to accomplish anything and now he is beginning to learn the lessons that his sister has taught him. That critical lesson is that the only way to success is though hard work. This lesson is clearly sinking as shown through his new skills on the saxophone. He is beginning to develop good practice habits and learning that real mastery is through hard work. With little ones like this I can be confident that the future of our family is in good hands.

With that said, don't think this is a post about me being down about my self. Understand that through writing I am learning about myself and you are privy to my inner growth. This leads me to the last person in the picture. As an ex-girlfriend, I have learned a lot from her. I have greatly improved who I am, but I have learned something more that I never realized, nor she, that I was learning. I was being taught what I didn't want in my life. I think that she is a great person and I wish nothing but the best for her in her future endeavors. Out of that friendship I have learned that there are only a few people that you will have close to you heart. I wrote in an earlier post about an inner circle, I will refer you back to that post for in this stage of my life I look to see who still means something to me. How many people in this world would I really want locked in a room with me for all eternity, how many people would I give my life for? As with anyone, there is only a small number of people that I would be willing to subject myself under those conditions for. I sometimes think that it is easier to see who those people are when you are on the bridge. Look around me in this picture. You see nothing cluttering my sight. There are no trees, no buildings, no distractions. Only myself and those in the picture know what is below me and this will be our little secret. Take comfort though in the fact that on the bridge, I can see what those in my life feel for me. It is easy to see who leads you on the bridge, who follows you, and who walks another path. For those things that will soon come to pass in my life will reward those who have stuck with me and lose those who have strayed. I am ever growing and adapting. I don't know when one changes, on my bridge now, I am under the belief that being a boy has its advantages. Soaking up all that is in front of you. Being a man has advantages, pride in raising those behind you. Perhaps it is when we lose one or the other (boy or man) that we fall off the bridge. I will strive to stay on course and succeed so that those who count on me, and those who look up to me, will be able to speak to their friends and proudly say, I love him, he is a friend.

Monday, December 17, 2007

A Real American Hero


To the left of this text is a man who built this country. When the country was founded a dream was created in the hearts of men. This dream allowed anyone to succeed if they worked hard am made good choices. This man grew up with little to nothing and created a family. He employed scores of others so that the could help their families. He lent a hand to brothers and sisters who needed him. Gave back to his community. A man like this isn''t put on television. No newspaper writes about this man. Yet without him we would have no country. Many people do things for money, glory, or recognition. Yet that is not the motivation of this man. He does it for the good of others. Now, even beyond the grave his work still builds. He is in my heart, driving me to push forward. I know there are others who look to him in their time of need. When courage is needed, his lessons of sacrifice drive us on. When something needed doing, questions weren't asked, work was done. This man sacrifices his life for the benefit of others. No matter what the cost, he made sure that if it was wanted, it was gotten. This is what made America great. People like him to build the country up. Now we owe his memory a duty. We must continue his legacy and build the house stronger. Our task is to make a better future for our issue. We are fortunate enough to have been given a concrete foundation. Now, if we don't make the walls strong we are not honoring his memory. Stay strong, for his memory dictates it. This is what a real American Hero looks like.

Thoughts of Being Done

The time I spent doing things preparing for finals means that I let the dust bunnies begin to take over. I am now in a war to take back the homestead. The dust bunnies are a formidable foe. The are masters at hiding and evade a rag like seasoned soldier. This war can only be fought on the ground because once they take to the air, the have air superiority. I feel like I am fighting the Luftwaffe. I have heard that the scientists back home have been inventing a great weapon with sucking power that will turn the tide in our favor. I have been working from the top down. I believe the only bunnies left are laying low. Wish me luck for the war is on. If God is on our side, by sundown I will prevail. Down with the dust. God Bless Cleanliness.

Wednesday, November 28, 2007

Feeling better but who knows what the future holds?

Although there are tired eyes, and unknown concepts, I can't help but be happy knowing that I honestly feel good about my efforts over this semester. I did OK so far and now all I have to do is trust my ability's and give it my best shot. I have found that good grades are a lot like air. It is not all that important unless you aren't getting any. Strange to see how in the absence of good grades some of us loose the ability to function. All of us here have generally done well our whole lives. Now in the face of increased competition, is is a mathematical certainty that 50% of us will be in the lower half of the class. This is the big leagues, get used to not being the best. I too struggle with the concepts but I think I am over the mental block and have accepted that my best is going to make me happy. No matter what I get on these finals, I will still be proud of the person looking back in the mirror.

Wednesday, November 14, 2007

Frustration

Deterioration. When you mind becomes full it can only go the other way. My short term memory is full. I need time to process. By cramming more information into my mind than it can hold I think I am destroying its ability to hold information. I have a full brain. Let me process. How can you hear a sentence, read a word and have it look like nothing. That is what I see. Senses are numb. Survival is all that is left. Let my mind process. TMI. TMI. TMI.

Tuesday, November 13, 2007

Saturday, November 10, 2007

Balance

Perhapsthe most important aspect in life is balance. What makes a fighter great? It isn't thir striking or blocking, it's thir balance. Football...same concept. The very concept of walking is a series of controled falls that only balance can turn into a productive use of energy. Minus balance we would all be on the ground struggling to get up. The question is how do we maintain balance. Is balance a skill, art, or inate human ability. I would argue that it is a skill. Take a baby, they can't walk at first but learn how to control their muscles. The same concept applies to bike riding. But does this apply to the emotional and spiritual parts of our lives. Of course it does...but can it be improved? I have undergone a severe lack of balance in my life this week. The next stressing time, will I have any better balance?

Wednesday, November 7, 2007

The two heaviest parts of my body

I have found that there are two parts of my body that are the heaviest. Neither at the same time but always one. The first is my tongue. It becomes so heavy that even Hercules cannot hold it. The other is my eyelids. If I am sleepy, not even a roman pillar could hold them open. I find that these days I am struggling to hold one or the other. Bless the person who can hold both.

Thursday, November 1, 2007

Why I am frustrated by Legal Writing

When the man in the street says: "If it ain't broke, don't fix it," the lawyer writes:"Insofar as manifestations of functional deficiencies are agreed by any and all concerned parties to be imperceivable, and are so stipulated, it is incumbent upon said heretofore mentioned parties to exercise the deferment of otherwise pertinent maintenance procedures."

Tuesday, October 30, 2007

Wave of Pain

Hello Readers,
Law School is attempting to break us. They lull you into a false sense of security and than WHAM! You have a double session of tort. A full research assignment. Criminal Law. Contracts. And a Final in Lawering Skills on Friday. I really think there is someone who is laughing at the pain that Law Professors put us under. I can't be sure but there can't be many other professions where your ability to avoid sleep is directly proportional to how well you do. That is unless you are losing the "correctness" of your work by lack of sleep. I am not even sure if what I am writing is making sense. Wake me up when the lawmare is over.

Friday, October 26, 2007

Friendship

Look to your left and right an what do you see? How many people are you willing to put your life in the hands of? These questions inevitably arise in the life of everyone. Probably more than once. When someone thinks of their friends, and in this sense I mean family, spouses, etc., I would argue there are three categories. These are the inner circle, the outer circle, and acquaintances. I think that the size of a persons circles is proportional to the ability to trust the individuals within it. Therefore the inner circle is probably three individuals at most. These are the three people in the world that you would trust to drop whatever they are doing and come to your side. Regardless of their opinion of the relative worth of your problem as related to their own situation. Then you have your outer circle, This is the group of friends that you would ask for help and would probably get it, but if you dig down deep inside, I mean way deep, would you unconditionally trust them with everything? Finally there are your acquaintances. These people know you and might help you with small things but your relative importance is only in the context of your relationship. The test of a true friendship is your bond after leaving the context of your relationship.
In addition to these thoughts, I was thinking about the core of what a friendship is. If have broken this down to two elements. First, a friend is a social companion with whom you enjoy spending time with. The second element is the proverbial shoulder to lean on. You friendship should be a safety net for the problems you might encounter. The old adage that there is safety in numbers applies. Well, it is something to think about. Look deep inside and see if you can identify your inner circle.

Thursday, October 25, 2007

Commitment

Tonight I will talk about the essence of relationships between people. In law we call this concept a contract. To laymen we call the word a commitment. The measure of a man can only be judged by his character. A man's character can be judged only by his actions. A mans actions are judged by the commitments that he keeps. I was taught early in my life that the only thing that shows the character of your being is through keeping your commitments. A wise man has shown me that you can go you whole life without breaking you commitments, hopefully I can live up to his standard. When a man agrees to take care of his family, he keeps it to his dying breath. When he tells you he will do something, you have no doubt it will be done. A true man's friends never have a second thought when he makes a commitment. This commitment to commitment really shines through when there is no legal or other punishment if the man doesn't keep his promise. If you agree to meet someone for something, there is no court that will convict you for missing a dinner for example. For breaking a commitment to a friend, the real punishment is greater than any authority can impose. The loss for breaking a commitment to a friend is respect. Without the respect of his friends, how can a man look at himself in the mirror. If you wish to judge the character of a man you just met, look to his friends when he makes a promise, if they are at ease, you know you have a man with character. I have been thinking about those who break a promise, the loss of respect for someone you care about can be translated into one word, disappointment. People make commitments to one another both internally and externally all of the time. When commitments are broken, the well for faith in people is drained. When classmates don't prepare and take the easy way out, how do you rely on them when push comes to shove. What is nice about those who break promises is the test of a man's character is displayed to all. Therefore those who keep their commitments show the strength of their character. Today, respect was lost for some people that were thought highly of. Thanks for reading my thoughts, I will leave you with one thought to ponder. What must be done to earn the respect back you lose by breaking you commitments? Can respect ever be earned back?

Wednesday, October 24, 2007

Meaning of "Life"?

In my last submission, I thought deeply about the comfort of words. The meaning of how they are processed by the brain is a product of two distinct factors. The first factor is the book definition of the word. The second is usage of the word in the history of the individual. Regarding the first factor, there are usually a number of definitions for a word that can explain the meaning of the word. Let me explain an example: the word "fee" can have at least two definitions. It could be a fine or charge that one might have to pay, or it could be the beginning of conveyance of property. I never knew the second definition until three weeks ago. Being a business man, I would never have imagined that I would ever allow the definition to default to anything other than a charge. In only three weeks, I have not only learned a new definition but my default has now changed. Life experience has the power to alter the path that the mind processes.
I can't begin to explain how my mind is different but there was constant beatings telling my colleagues and I that we "will" think like a lawyer. What does that mean? Does that mean we are always looking for a tort (civil) action? Does this mean that we are constantly analysing in a linear and progressive fashion. Is it necessary to identify all of the elements of everything you do. There is no doubt that any of my classmates immediately think of three elements when I say the "doctrine of promissory estoppel". I wonder if they think of the elements to purchasing a gallon of milk? In order to purchase the milk, you need to have an offer to purchase milk. You need to have actual milk to sell. You need to have an acceptance of a customer to buy milk. The customer needs to assent (agree) to pay the purchase price for milk. Then the customer needs to tender the consideration (money). Finally the store needs to accept the consideration.
Just looking at the preceding explanation, assent, consideration, and elements, are probably three words that had different default meanings to me just two months ago. Life experience is a powerful tool that you should not turn you back on. When you turn back around, you might be a different person.

Monday, October 22, 2007

Feeling Good About Myself

Monday again. Unlike most Monday's today went easy. I didn't find any of the cases or classes to challenging. Who's to say I got it right, but I guess sometimes you just need to trust yourself. Although I am never sure how I will be here in January, I have a reneued sense that I can make it. I think that once you let yourself relax, your understanding of the material comes just a little easier. Of course, have good friends never hurt either. I was thinking about my friend Chris a lot this week. I am sure he feels a lot of the same anxiety that I do. Getting married must be both a stress and a joy. Maybe the key is just to enjoy the ride.
That enjoyment is hard though. I have always considered myself a control freak. I know it is a part of me so it should be something I could let go. Personal understanding can create growth. Somehow, I must not want to let go. I guess that might be why I am who I am. Who knows, maybe moderation will find me, maybe not. How does one let go. To some it comes so easy and to others, the fear of losing control is a fate unspeakable. Mearly the word brings comfort to me, much like free market. How can a series of words bring so much comfort when only ideas. Even if the words never materialize, The mere thought of them soothes the soul. Well I had better wrap up this thought and get back to the real work. Remember, only in your mind can true success be celebrated. No one else can appreciate you accomplishment more than yourself.

Sunday, October 21, 2007

Dinner and Conversation

I had some friends over last night for dinner and the evening turned out pretty well. I wish they could have gotten an accurate portrayal of my cooking but I don't think the food killed any of them. I guess I will know on Mon. It is interesting to see how relationships develop where you wouldn't guess they would. Despite varying backgrounds of people, friendships can develop under the right circumstances. Life is funny that way. Every once in a while you need to have your life stirred up to see all the good that is out there. Everyone is not like the people in the cases we read. City and country have more in common when you peel away the facade

Thursday, October 18, 2007

Starting Out

Life is good down here at SIU. Tonight is one of the first times that I have got my homework done before eight.