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Sometimes you just get lucky

I’m at the American Atheists convention and I have a blog queue that is about to bubble over.  There have been great speakers, big laughs, a costume party, old friends, and I have every intention of posting about all those things.

However, something happened last night that bumped all that down the list.  I met Earl Smith.

This American Atheist convention is the 50th anniversary of its founding, and it’s being held in Austin, Texas, where Madalyn Murray O’Hare began the organization in 1963, after the landmark ruling of removing prayer in public schools.  It’s 4 days of activism, socializing, speakers – all the usual that go along with conventions.  We’re meeting and staying at the Hyatt in Austin, which is one of the subjects I want to post on.  I have been astounded at the job they have done in accommodating us is so far beyond what is usually expected.  I have tried to express my gratitude to the waiters, check-in staff, and security as the opportunity presents.

Earl Smith is the director of security at the Hyatt hotel in Austin, Texas.  He’s a tall, snowy-haired, good-natured African American, and we (Eliott and I) warmed to him immediately.  Last night, he shared the following story with us.

Earl was drafted in 1966, and served with the 173rd Airborne brigade.  That unit sustained losses of over 10,000 American lives, and Earl returned home weary and lost at 22 years old.  He struggled to find his way, and was sent to prison a year later for a 5-year sentence for robbery.  He was given clemency in 1977, and when he was released, he set about rebuilding his life at age 25, with a war, a prison term, a broken marriage, and the racism of the south in his past.

Earl started with the Marriott in Chicago, and began working his way through the hospitality industry, finally taking the job as the head of hotel security at the Hyatt hotel in Austin in 1998.  In 2008, as you may remember, the final debate of the Democratic primary was held at UT Austin.  In a stroke of logistic hilarity, or maybe staff ineptitude, both Hillary Clinton and Barack Obama and their respective debate teams stayed at the Hyatt in Austin.  When Earl was telling this story, he couldn’t stop chuckling relating the efforts the hotel staff went through to keep distance and peace between the groups in the hotel.

Earl found himself on an elevator with then-senator Obama.  In Earl’s pocket was his military patch from the 173rd Airborne, which he had carried in that pocket for 40 years.  Earl asked Mr. Obama if he could give him something, and of course Mr. Obama said he could.  Earl handed him the worn, frayed patch, and told him that he wanted to offer it to him on behalf of the American people.  When Earl told me this part of the story, using hand gestures that spoke even more than his words, he said, “I just felt so relieved to give it to him”.

The story now has to take a leap through time, to January of 2013.  One morning, when Earl arrived at his office, his staff was all atwitter about a phone call he had received – from the White House!  President Obama’s assistant chatted with Earl on the phone and via email over the next few days and arranged for him to come to Washington DC for the inauguration.  Earl was delighted, and set about arranging his budget and time schedule in order to go.  Earl’s employer, surprise surprise!, arranged for him to have a room in the packed and expensive Hyatt Hotel within walking distance of the Washington Mall.  When his tickets to the inauguration were delivered to his room, they came with a little more news:  President Obama wanted Earl to visit him at the White House the following day.  The question was also asked:  What else did Earl want to do while he was in our nation’s capitol?

Here was Earl’s list:  he wanted to go to the Vietnam Veteran’s Memorial, and the brand new Dr. King Memorial.   On a cold January day, Earl Smith attended the second inauguration of the first black president.  He said he loved every freezing minute of it.  Then the former Army private visited the memorials.  In telling this story full of emotional highs, at this point Earl became emotional, describing the feeling he experienced walking that sloping sidewalk, along that cold, reflecting granite, far too full of names.  40 years vanished, he said, and those names and faces came right back to him, reminding him of where he had come from, why he was where he was, who he had lost.  When Earl then visited the Dr. King memorial, he said moments from the past – JFK’s assassination, the war, the civil rights struggle – all came to him as he stood there, taking in the monument.  But there was still one more highlight.

It was time to go the White House.  Earl found himself sitting in a chair in a hallway, not really sure what was in store for him.  He said after he returned from a nervous trip to the bathroom, his escort was nowhere to be seen, so he just took a seat in the chair, and just then, walking down the hall, was a tall, thin, African American man extending his hand saying, “I’m so glad to see you again, Earl.”  Then, at the end of that hall, Earl walked in to the Oval Office, that iconic rug on the floor, the desk, all of it.  Earl and his President chatted for a bit, 20 minutes in fact, and Earl repeated to him the purpose of the patch; that he wanted the president to have it on behalf of the American people.

Please take the time to visit the link and watch the video.  What an honor and privilege it was to have met Earl and hear his story.  He’s a lovely, kind, gentle man, and if you are ever in Austin, go out of your way, even if you don’t stay here, to visit the Hyatt and ask to meet Earl.

I'm so proud of this picture!
My friend, Earl Smith

Thanks for reading!

Edit 4.1.13

Awesome level:  Maximum
Awesome level: Maximum

Where have you been?

Where have you been?!  I’ve been waiting and waiting!

From the The-best-defense-is-a-good-offense files…

When I logged in to write today’s post, I was astounded to see I haven’t posted since November!  Where did the time go?  Maybe the kids coming for Thanksgiving or my best girl and her wife visiting for a few days or taking my finals for the end of my second year of law school or going to Amy’s graduation or moving her to a new apartment or Glenda coming home for the semester break or my parents coming for Christmas or going to Las Vegas for my studybuddy’s 40th birthday or driving nonstop with Son2 from Colorado to Tennessee to reposition a vehicle or starting my third year of law school?  Still no excuse, I know.

I do love being stimulated, but this has been a little over the top, even for me.

Starting with kid news:

#1 had better grades than me after fall semester, and I had good grades.  That was tough to take, but I’m so proud of him.  Ben is a political science major at CU Boulder, home of Ralphie the Buffalo (extra credit if you know the history of the mascot at this school).  Kirsten finished her master’s in architecture this year, and they’re trying to get used to NOT living in a resort town.

Ben and Aden
Ben and Aden

#2 is in his winter semester as the asst director of the outdoor program at Virginia Commonwealth U.  His group of students went on a ski trip to Breckenridge, which is why he ended up there with his Airstream B Van needing to bring it back east.  I volunteered, so 24 hours later, we arrived home, where Sam slept, then drove the rest of the way alone, visiting his sisters along the way.

Sam and the James River in Richmond
Sam and the James River in Richmond

#3 is in what may be her final semester at UT.   In a painful twist of irony, she’s having to defend a French class she took IN FRANCE in order to get credit to graduate.  The less said about that the better.

Glenda and darling Caroline
Glenda and darling Caroline

#4 graduated from East Tennessee State University in December.  She’s applied for a job with the parks department of Johnson City and is eagerly awaiting an answer.  She has a kickass plan B, so I’ll wait for that post until she hears the result of her interview.

Amy and darling Curtis
Amy and darling Curtis

As for me, I’m now past the halfway point in law school, the bar exam notwithstanding.  That’s an entity unto itself.  I have 23 more tuition payments, 23 more months of school.  If you’re keeping track, this year’s subjects are:  Evidence, Corporations and Business Organizations, Professional Responsibility, Legal Analysis and Writing, Legal Research, Employment Discrimination, and Cross Profession Ethics.  It is as much work as it appears to be.  Do not think, as I did, that law school is top-loaded.  I love the topics; the challenge is cramming the daily 12 hours of study into 4 or 6 hours.

In training news, son Sam has decided he wants us to do a triathlon together before one of us gets too old.  And of course by triathlon, I mean the big bad one.  We’ve decided on the window of Mar-Sept 2014, so we’re looking at races all over the world to find an iron distance we want to do.  That gives us the maximum time to train, and before I start my big push studying for the Bar.  Stay tuned for details.

I’d like to say here that I’ll do a better job of blogging more regularly, but we all know I’m kidding myself.  It’s not that I don’t have a lot to write about, but you already know that.  However, it is a nice refuge from the intensity of my academics, so here’s my empty promise to try to do better.

And, for no good reason, here’s a face:

How could you not love this face?
How could you not love this face?
We can destroy a hot dozen
We can destroy a hot dozen

 

Thanks for reading!

Albuquerque, Part 2

Well, that took longer than I thought!

To continue, I’ve been in New Mexico with mom and dad for a few days.  They are motorhome caravanners, Airstream to be specific, and have been on a southwest caravan for a couple of months.  They began in Moab, Utah (after having done the Lewis and Clark caravan the 2 months before that) and are concluding on Sunday.  I flew to Albuquerque last Saturday to join them for a few days.

In part I I told about the Balloon Festival, which continued to be spectacular.  The motorhome was parked in a lot facing the lift0ff field, and every morning at sunrise there were hundreds of hot air balloons in various stages of ascension.  Breathtaking in scope and vision.  Truly.  And because of the nature of the event, one is free to walk among the aircraft, chatting with the pilots and chase crew as they filled and heated the balloons.

It’s the Hendrick’s Gin Balloon!

When I last blogged, we were on our way to the Pueblo Indian Culture Center, where we spent most of the morning learning about the 19 tribes.  It’s a beautiful center with a courtyard for showcasing the native dances, and both an ancient and contemporary museum of history.

From there we tried to find not 1, not 2, not 3, but 4 different restaurants for lunch.  We ended up at El Pinto’s restaurant, allegedly a favorite Bushie hangout (I managed to dodge the Republican vibe if that’s true) for their spectacular and spectacularly huge dishes.  We opted for enchiladas, quesadillas, and of course sopapillas with honey.

Then it was time for the caravan to move on, so off to Santa Fe we went.  Dinner the first night was at the Buffalo Thunder casino, along with a $10 credit, after the buffet, mom and dad hit the penny slots!  Wooohooo!!

Gambling away my inheritance, 1¢ at a time.

The next day took us to downtown Santa Fe, where we saw old churches, shops, restaurants, and street vendors.  Then, in a dash, all the way up to Taos, where we went to the Taos Pueblo (no photography) and then to the Rio Grande Gorge Bridge.

Then, to cap off a long day, before dinner we scouted out the Kit Carson Memorial Park where we found the grave we were looking for.  That may not sound like everyone’s idea of fun, but when you travel with dad, it’s mandatory.  It’s an historian thing.

Exciting, huh?

It was a quick 5 days, now it’s off to Anaheim with daughter Amy for another adventure.  She and squeeze Curtis are attending the National Recreation and Park Association Conference.  Ames graduates in December with an Outdoor Recreation degree from ETSU, and she’s hoping to make a few job contacts…next post will find me in daughterbliss!

Big shoutout to Glendy for dogsitting while I’m gone:

My human girl is not impressed with my canine girl.

Thanks for reading!

We the People

 

Moonlight Ride around Cade’s Cove

And following on the heels of the Warrior Dash…crazy, moonlight bicycle ride in Smoky Mountain National Park.

When Sam began college at UT in the fall of 2006, he began work at the UT Outdoor Program (UTOP).  I believe that it was through this group that I first heard about this ride.

Cade’s Cove is a beautiful plateau in the Smoky Mountains, protected on all sides by mountains, and according to the site, is one of the most visited place in the National Park.  On a pretty fall weekend, the loop is almost entirely filled with cars, creeping along looking at the flora and fauna.   Like most state parks, the road closes at dusk, and that’s when it gets interesting.  On a full moon, if you’re on a bicycle, you can see well enough to navigate, even without blinkies, on the 11-mile loop.  What.  A.  Rush.

Saturday night’s full moon was occasionally partially occluded by clouds, and sometimes diffused by a heavy fog that gave everything a kind of scary, surreal feeling.  There are old buildings along the road, and we stopped to see one of the old churches. It was here that we discovered Eliott’s flat tire.  While Amy and I were working to patch it, Eliott scared the poop out of Casey by tossing stones into the woods while Casey tried to figure out what it was.  We also got several packs of coyotes to answer back to our howls – pretty scary in the dark and moonlight.

The black bear sighting was the highlight.  We try not to use headlamps or white blinkies because you can see more if you let your eyes adjust and dilate to the moonlight, but after watching the large dark figure walk toward us across a field, we finally shown a light, and there he was.  We left in haste, with Casey beside me saying he didn’t have to outrun the bear, but just be able to outrun me.

We stopped at the working mill, and the other pioneer structure, seeing bats, and deer, hearing the coyotes, and straining for every bit of road definition out of the shadows of the moon.  We stopped at the part of the valley where you can hear an echo bounce back and forth across the ridge, and clapped and whistled and hooted until we needed to get back on the bikes and finish the loop.  We didn’t start riding until midnight, and between the flat tire and sightseeing, it was 3am when we got back.

I love this ride.  Going without a night’s sleep is a small price to pay for the memory of the experience.  It’s become one of my mental happy places to wander to when I need a refuge from stress and life drama.  The whisper of my tires on the road, the cool air on my face, the muted outlines of the fields and mountains, all come together to create a unique, unforgettable carpe nocturne event.  If you see me post that I’m making the trip again, ask to come along.

Oh, and my daughters and I are apparently 9 years old.

Everybody smile!
Stop clowning around, this one’s for real!
Seriously, y’all, I want a good picture of us!
…..and Eliott photobombs the last try…

Thanks for reading!

 

Ragbrai blog. Ragblog.

Oh my yes.  Over and over.

Ragbrai 2012 has just concluded, and once again, it was the best week of the year.  I have tried for several years to blog about this event in such a way that I can make others understand why it’s such a fabulous event.  It truly is one of those things whose whole is greater than the sum of its parts.

The dogs of Ragbrai 2012

The Des Moines newspaper is the Register.  In 1973, a couple of reporter friends decided it might be fun to ride their bicycles across the state over a week’s time.  That first year there were about 114 riders who made the whole distance.  This year, in addition to the 10,000 registered riders, it is unofficially estimated that there are another 5,000 “bandits”, riders not chosen through the lottery in the 10,000 limit.

The route is always west to east, and it is always a different route, spreading those tourism dollars across the state.  And the dollars were flying.  Pork chops, pie, t-shirts, pie, temporary tattoos, pie, barbeque, pie, beer, and pie.

Aden ate 2 pieces of cherry pie at this stop
These anti-paleo cinnamon rolls were as good as they look!

Team Fly has been rolling since 1990, although we didn’t call ourselves that then.  Our first year the kiddies were in the carts behind the bikes, and sometime after I scan our old pictures, I’ll post some of those.  Now our team runs about 18-20 strong, and includes family, friends, and even a few folks we’ve picked up along the way!

Roger BMX Denesha
Aden and Ben Daddy

The centerpiece of the team has become the Airbus, so named because of its airplane parts and aviation theme.  This is an old pic, but it does it more justice because in this one it has a new shiny paint job.  Big Jesse adds improvements every year – it has warm showers for up to 20, party deck, bunks, both first class and coach seating, overhead storage compartments, even 2 jump seats with 5-point harness.

Team Fly Bus

This year was a particular toasty ride for the first 4 days.  Temperatures in the 100’s became 112 out on the road in the sun.  However, in a highlight of the ride, the rain dance of the members of Team Fly brought magnificent thunderstorms and cooler temperatures for the final three days.  Unbeknownst to my teammates, I was also dancing for tail winds, and as it turns out, I have supernatural powers because indeed, the following day we had tailwinds for 85 miles!

Remember that time in Marshalltown?
more rain dance party
adding some hoop to the rain dance party

So after the 20 hour ride up, picking up the Colorado/Kansas group, 7 days and 480 miles of cycling, and the 20-hour ride back home, the bus is unpacked, hosed down, and parked til next year.  We’re all getting our nasty, sweaty clothes washed, our blisters, sunburns, and heat rashes are healing.

And we can’t wait til next year.

Jen at the Mississippi

Find us on Facebook and start pedaling!

Thanks for reading!

 

 

 

 

 

 

TAM 10

The Amazing Meeting.

And it has been amazing!

This collection of skeptics, scientists, researchers, entertainers gathered in Las Vegas is equal parts information, education, socialization, and great big huge fun!  It has been made even more fun by the fact that my daughter Glenda has been able to come with me.  Daughter Amy got to come last year, and we had an equally delicious time.

What is skepticism?  By definition: doubt as to the truth of something.  TAM bills itself as:

The Amaz!ng Meeting (TAM) is an annual celebration of science, skepticism and critical thinking. People from all over the world come TAM each year to share learning, laughs and the skeptical perspective with their fellow skeptics and a host of distinguished guest speakers and panelists.

What falls under this skepticism umbrella?  ESP.  Sasquatch.  Religion.  Alternative medicine.  Anti-vax.  Any type of quackery that tries to bill itself as science.  Founded by James Randi, the JREF has been fighting psuedo-science for years.  The man himself was in attendance and available for chatting up during the entire conference.

I attended TAM 9 last year with daughter Amy, and this year daughter Glenda got to come with me.  We had a great time – the event is held in the South Point Casino, which is an experience in itself.  She busted out an impromptu hoop performance in the Del Mar bar and gave a mini-physics lesson about centripetal force, color spectrum theory, and LED light energy that will have this group of science geeks (a term of absolute endearment) smiling for years.

Some of the speeches are on Youtube, but more of the texts are.  This one is particularly compelling by Pamela Gay, as it addresses the hot button issue of harassment issues both within and without the movement.

I know this post is short; I spent a few extra days in Vegas having too much fun (just ask daughter Glenda), and cut short my time to unpack and repack for our family bicycle trip across Iowa, which will be my next post!  Bus rolls tomorrow (Friday) at 6!

So, to recap:  TAM 2012.  Fabulous.  Go next year.  I’ll buy you a drink at the DelMar!

Thanks for reading!

FYLSX recap.

OK, precious posse —

Here’s the scoop.
First, thank you for being so patient with me.  I know I’ve been an absolute bear, and it’s only because I surround myself with the world’s most wonderful friends that I’m able to survive this!

So…

Flew out to LA last Wednesday, and spent a day with the squeeze before reporting for duty at the Pasadena Hilton.  I picked up my girl Rosine at LAX (blog post about the world’s best study partner to come – I totally get credit for recognizing brilliance when I see it…) and headed to review weekend.

Best study buddy ever.

Because of my freaky-deaky online law school, as I have mentioned, all the studying is ON YOU.  Which, for some of us overachieving, Hermione, type A personalities, that is perfect.  We like moving at our own pace, we like figuring out what we have to know, and we truly love learning it.  I’m speaking for my fellow students, perhaps out of turn, but, along with the flexibility, is the reason we chose this school.

So what a spectacular moment when we all come together for the review weekend!  We’ve skyped one another, emailed, texted, called, IM’d, conference called, and class-chatted for a year and a half.  We’ve stalked one another’s Facebook, we’ve tried to put a 3 dimensional face to our friends, we’ve had virtual study groups, and finally, we get to meet for the first time REAL TIME, with real faces, and real voices, and real smiles (remember when Darth wanted to look at Luke with his own eyes?  Yeah, like that.)

The review weekend begins with a mock test that simulates the FYLSX (First Year Law Students Exam – have I mentioned that?).  The following 2 days are a review/debrief/dissection of the test, in a room with 80-100 of my closest law school friends.  I loved being in the room with all that academic energy, drive, and passion.  Our reviewing professor, Professor Steve Bracci, is the undisputed hero of the weekend, and if his earnestness could get us through, we would all pass with the proverbial flying colors.

We also got to meet most of our other professors, who have been completely available and absolutely helpful.  My brother attended a bricks-and-mortar law school (hipster-speak for plain old boring law school), and he did not have the complimentary things to say about his professors that I do about mine.  I’ve never waited more than 5 or 6 hours for an email response, and each time, the professors offer to also chat on the phone if we think we need extra help.  And no, all this sucking up does nothing for getting me to pass the test – CalBar is the complete and final say on that; our faculty have no input.

So test day rolls around, we report to the Pasadena Civic Center – all 800 of us – with our belonging in a clear, ziplock bag, earplugs, #2 pencils, and enough nervous energy to have powered the building for the entire 8 hours.  4 essays, 4 hours, and hour break for what would have been lunch if anyone could have eaten without puking, and then 100 multiple choice questions in 3 hours.  (Let me help you – 1.8 minutes per question).

And just like that, it was over.

“So, eleven hundred men went in the water; 316 men come out and the sharks took the rest, June the 29th, 1945.”

Ok, maybe it wasn’t quite that bad, but it was pretty brutal.  Results released by CalBar August 10, and I’m sure it’s an unintentional oversight on CalBar’s part that the last day for regular-cost registration for the retest is August 1.  Hmmmmm.

The $10,000 question?  I honestly do not know if I passed.  The essays were solid, and while the grade is combined, the MCQ’s were sketchy, and I don’t know if the essays can lift me up.  So retake is October, and another good time with my posse, another trip to Pasadena.

In the meantime, 2L rolls on (totally different subjects than the test subjects – an extra special bonus!)

Back to my life, my home, my friends, my work!  I’ve missed you all!  Thank you again for being so patient – don’t get into any legal trouble til I’m ready!  =)

Thanks for reading!

Community

I credit evolution.

My kids get tired of my constant reference to it, but I think we can learn so much from our evolutionary heritage.  I’m not a scientist, so all of this is amateur, but I’m learning how to apply what evolution can teach us now.

About 10 years ago, when I started on a journey to regain my health, I discovered information that allowed me to do that.  I began to study metabolic science, nutrients, human anatomy, and what that information can tell us about what to eat and how to move.

Because I chose law school over medical school, I had to learn how to learn science, starting with formulating a hypothesis, studying the process, studying the data, in this case applying it personally (n=1), and seeing if the hypothesis holds up.  So here I started with the hypothesis that maybe we should eat like our ancestors ate, since that seemed to have allowed them some survival advantage.  I’ve written a whole other blog about all of that; I mention it because it’s the method I’m going to use for this next topic.

Back to evolution.  As I study anthropology and what our societies were like before we embraced agriculture, which seems to be a real change in our history, I’m finding that we lived in small, cooperative communities, pooling resources, celebrating together, grieving together, raising children, struggling to understand our environment, finding ways to protect ourselves from the environment and predators.  Almost all of these societies, across the globe, had myths and tales about origins of the world, explanations for natural phenomena, and rituals for birth and death.  As Americans, our particular pedigree comes from the Abrahamic line, and those rituals and rules over the years have become manifest in contemporary Christianity.   The church has provided a place for gathering, to worship, instruction, support, a common agenda – all sating very primal needs.

Sometimes in my discussions with believers, the topic veers from the validity of religion to the usefulness of religion.  I absolutely believe that religion can be useful; this blog is about just that.  I also believe that its usefulness has no bearing on its truthfulness (please tell me I just invented that phrase).

As I attend secular conventions (AA in April, TAM9 in July, Skepticon 4 in November), and as an avid blog reader, and new activist, I have made the following observations about the secular community:

1.  We are intellectuals.  We can blog the hell out of any topic, including, but not limited to, gelato.  We love the process of language, we love words, we have a unique ability to explain our position, and, thanks to the interwebs, can back it up with citations and references.

2.  We own the internet.  No shit.  It is the single most effective reason atheism is experiencing the growth it is – even evangelicals are acknowledging that.

3.  The future of the movement is in the hands of college students – not individual, identifiable people, but as a demographic.  It’s the perfect window of age to be free from familial obligations of church attendance and exposure to a broad base of philosophical and social input, yet young enough not to have established personal habits of faith and superstition in their own new families.

4.  We are young and we are old.  It seems that, both through the blogs and attendance at conventions, that we are comprised of youngs (18-25) and olds (50+).  It’s not that we don’t have the middle folks – in my own local group that’s actually a large percentage of our number – it’s just that that group is busy with career and spouses and children that the youngs and the olds don’t have.

5.  Community.   Online: we have it in spades.  Every support group you can imagine – recovering fundamentalists, ex-Mormons, secular parenting.  Flesh and blood: not so much.  We’re working on it, and we’re getting better at it, but we’re no match for churches.  I think that that sense of community, rather than a devotion to the faith itself, is what keeps a lot people in church.

As our evolutionary history tells us, we are social beings.  We need to feel included, but individual, protected but not restricted, part of a group yet independent.  The contemporary church has provided its version of that; I think the secular movement can do at least that, and even do it better.

My local group of seculars (hereinafter known as: the posse) is heavy on the very group I say the movement as a whole doesn’t have:  young adults with families.  There are couple of us oldies, and the ubiquitous college agers, but we’re lucky enough to have several young couples and their beautiful, freethinking young children.   Which finally brings me to the point of this post:  my scheme to take over the world social experiment.

Our posse, instead of just hanging out and sampling the finest hops our town has to offer, is going to add a bit of intention to our efforts.  We’re going to try to make our get-togethers a smidge more family-friendly:  choosing restaurants that are easier on the wallet, more conducive to child palates (notwithstanding my moratorium on Chuck E Cheese), parties where the children are accommodated with caretakers (perhaps education majors from our local university?), scheduled activities that work around school nights and bedtimes, service projects in which entire families can participate.

So stay tuned for updates — right now I’m on my way to a New Year’s Party with said posse – best wishes to all for 2012!!

Law School, Year One

I’m still in bed.

It’s the Monday after my First Year Final on Friday, it’s 11:30 in the morning, and I’m still in bed.

I haven’t posted recently about school, not because I didn’t have anything to say, but because I have been so consumed with studying.  Our final consisted of essays in all three subjects:  Contracts, Torts, Criminal Law, and 100 multiple choice questions.  Doesn’t sound so bad, does it?  It’s not, until you throw the time pressure in – 1 hour each for the essays, that we could easily have used 2 hours for, and 1.8 minutes per multiple choice question.  Just for fun, here’s an example:

Paolo’s daughter, Maria Elena, was getting married at home on December 25. Wanting to make the palazzo as nice as possible for the big day, Paolo signed a written contract with painter Diablo who agreed to paint the house. Mindful of the importance of getting the job done on time, the contract contained an express provision that all painting must be completed by the wedding date and that time was of the essence. To prevent any misunderstanding the writing also stated that any modification to the contract must be in writing.

After signing the contract, Diablo was offered another lucrative job by another rich client. Diablo called Paolo on the phone and offered to upgrade the quality of paint from store brand to designer top-grade if Paolo was willing to delay completion of the job until January 31. Thinking that the house maybe didn’t look so bad after all, and how much nicer it would look with top-grade paint, Paul orally agreed that if Diablo used the better paint he could have until the end of January to finish the job.

When Paolo’s wife, Strega, returned from a business trip on December 15 and asked why the house was not painted as planned, she became furious about Paolo’s new deal with Diablo. Paolo, before going to sleep in the dog house that night, remembered the provision in the contract stating that all modifications must be in writing, so he called Diablo telling him that he needed the job done by December 25 as stated in the written contract. Diablo refused, stating that he was already working on another job and could not get to Paolo’s house before the 25th. When the wedding day came and went without the house being painted, Paolo sued Diablo for breach of contract.

Will the court likely find that Diablo breached his contract with Paolo?
(a) Yes, because the oral modification violated the Statute of Frauds.
(b) No, because the written contract was modified.
(c) Yes, because the modification lacked consideration.
(d) Yes, because the contract expressly provides that any valid modification must be made in writing.

How’d that go?  Did you even get the question read in 1.8 minutes??  Now add that in most of these questions, usually 2 and sometimes 3 of the answers are actually RIGHT, but only one is the MOST RIGHT.

So, I’m still in bed.

Flying to Arizona for a last-minute study session with my study partners is what made it tolerable.  I blogged about them earlier; they are one of my favorite parts of law school.  It’s sadly one of the things we most feel we miss attending an online program like ours.  It’s the tradeoff we make for attending lectures in our jammies in our big comfy chair in our own living rooms with a glass of wine and a blazing fire in the fireplace.

old school
new school

My school is a 4-year program, unlike the traditional 3 years at a bricks-and-mortar.  It allows me to see it in terms of my high school and undergraduate programs:  I’ve finished my freshman year.  My dad has always liked this little saying:

Freshmen don’t know, and they don’t know they don’t know.

Sophmores don’t know, but they know they don’t know.

Juniors know, but they don’t know they know.

Seniors know, and they know they know.

So that puts me ending the year that I didn’t even know that I didn’t know, which is pretty accurate.  My reflections on this past year are:

1.  Law school is harder than I expected.

2.  Law school has no bearing on the Bar Exam.

3.  Law school appears to have no bearing on the practice of law.

4.  Law school makes for some incredible friendships.

5.  When I don’t think I’m going to pass, I think of all the people who are lawyers, like Dan Quayle, Michelle Bachmann, and Judge Roy Moore, and I get sick to my stomach.

My class now gets the much-anticipated break in which we get to enjoy not studying for the first time since last January, that is delightfully tainted by the fact that we don’t get the results of our final, and consequently, the results of whether or not we’ve passed the first year.  Happy Holidays!

In this break of time I want to read, work, cook, watch Project Runway with my daughters who are home from college on Christmas break, clean the house (a little, don’t get all crazy), and go out to Colorado and ski with the sons.  I have to go back to a real to-do list for a while; for the past 3 months, it has only had one thing on it:  STUDY.

I love law school.  I know that’s not the conclusion you were expecting from all the above.  I love it in SPITE of all that stuff.  And I love my school in particular, imperfections and all.  I love being at my own pace, I love clicking off the modules on the timeline, I love chatting with my fellow students in our virtual classroom, and more than anything, I love learning this stuff.

Like a law princess version of Rumplestiltskin, I wish I could spin that passion into grades….but for now, I’ll just have to wait to learn my fate.

If you sent me a note of encouragement, a text of support, a phone call of I-believe-in-you — THANK YOU!  I’ve cherished every word and I promise to try to live up to your faith in me.  I can tell you I really did the very best I could.  Free legal advice for EVERYONE IN THE BAR!

As always, thanks for reading!

The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.
Will Rogers

(a) Yes, because the oral modification violated the Statute of Frauds.
No. This contract does not fall within the SOF.
(b) No, because the written contract was modified. Yes. Although the
contract contained a clause prohibiting oral modification, courts
typically view a subsequent oral agreement as a waiver of the clause,
particularly when it is supported by consideration, as it is here.
(c) Yes, because the modification lacked consideration. No. The
agreement to upgrade the paint quality was sufficient consideration to
support the change in date.
(d) Yes, because the contract expressly provides that any valid
modification must be made in writing. No, for the same reason that B
is correct.

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