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Monday, March 8th, 2010
10:22 pm
I fear one of the worst things any woman can do with me is express romantic interest. For reasons I don't understand even now, it starts within a chain reaction of self sensoring events.

We'll see if this pattern repeats itsself....again.
I hope it does not.

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Monday, December 1st, 2008
10:18 pm - Political image dump....and Kurt Cobain.
A couple graphics I found on the internet during the election. Figured I'd post them here before they became stale and untimely (like they aren't already). And also a random Kurt Cobain gag.

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Tuesday, November 4th, 2008
12:21 am - Election predictions
In keeping with tradition in 2004 and 2006, this is the Federal election blog:

There really isn't much to write here. I haven't really been paying attention to this race since back around the middle of September. This disinterest corresponds roughly to 1) The torts professor stepping up the pace of the readings and 2) Obama opening up a big lead.

This race is going to be anti-climatic compared to 2000 and 2004. Much is being made about the parties gearing up for possible lawsuits, etc but it won't matter. John McCain is going to lose big tomorrow (my favorite quote so far has been on commentor on Fark saying he was "going to get curb stomped").

Popular vote prediction:
Obama: 54
McCain: 46

Electoral College Prediction (said curb stomping, 280 votes needed to win):
Obama: 341
McCain: 197

In short, it won't be a good day to be a Republican.

The far more interesting discussions will come in the days and weeks after when the GOP soul searching begins. Conservatism as we know it is dead. Bush knew it back in 2000 when he adopted his "compassionate conservatism" mantra. George Will called it six years ago, and then again in a Newsweek column back in March.

It is an ideology that is arose in the early 1960's as a cultural and political response to the social upheavels of the time and in response to the Soviet Union. As an ideology, it has run its course and is no longer resonating with the voters of today. The election results will prove that.

After the loses in 2000, the Democratic leadership huddled down and reexamined the party's values. What emerged from that was a more moderate and centerists Democratic party. If the Republicans wish to remain viable, then they will need to do the same.

On the local front, I'll be voting yes to Prop 4 in Irving which will allow alcohol sales in the stores. It is amazing here that you can't walk into a 7-11 or a grocery store and pick up a six pack.

Any opportunity, no matter how miniscule or abstract, to stick my right index finger in MADD's eye is alright with me.

/Readies the flaming bag of poo.....

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Wednesday, October 29th, 2008
2:14 pm - Awesomeness personified.

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Sunday, October 26th, 2008
9:58 pm - More Judge Easterbrook goodness
From Hill v. Gateway 2000, Inc.
United States court of appeals, 7th circuit, 1997

Writing about the legality of a 30 day return period on new purchases: "Customers as a group are better off when vendors skip costly and ineffectual steps such as telephone recitation, and use instead a simple approve-or-return device. Competent adults are bound by such documents, read or unread. For what little it is worth, we add that the box from Gateway was crammed with software. The computer came with an operating system, without which it was useful only as a boat anchor."

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9:39 pm
Hey Robby, just confirming this weekend.
Look for me around 2:00. Let me know if you need me to bring anything.

(could also use a costume idea or two)

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9:15 pm - Who says judges don't have a sense of humor?
From ProCd v. Zeidenberg, U.S. Court of Appeals 7th Cir. 1996.
Talking about the enforceability of shrinkwrap software licenses:

"Only a minority of sales take place over the counter, where there are boxes to peruse....Much software is ordered over the Internet by purchasers who have never seen a box.  Increasingly software arrives by wire.  There is no box; there is only a stream of electrons, a collection of information that includes data, an application program, instructions, many limitations ("MegaPixel 3.14159 cannot be used with BytePusher 2.718"), and the terms of the sale."

Nice.  I wonder if Justice Easterbrook ever checks his email?

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Tuesday, October 7th, 2008
11:09 am - Don’t bother with tonight’s "debate".
The format for tonight's town hall debate has been announced. Included in the restrictions are gems like:
1. All questions will be submitted a head of time.
2. Follow-up questions from the asking audience member and the moderator are not allowed.
3. After the person asks the question, their microphone will get turned off.
4. Cameras will be allowed to show the audience member when they're asking the question, but they won't show the reaction to the answer.

etc, etc.

So basically this is going to be two candidates getting up there and delivering mini-versions of their pre-canned stump speaches. One blog I saw earlier today called it "the equivalent of two parallel press conferences." That just about sums it up.

I'm surprised that McCain would go along with this. The town hall format is his favorite style and it's where he seems to feel the most comfortable. Plus the campus that they'll be on tonight (Belmont University) is a conservative religious school. I'm guessing it will be a McCain friendly crowd with softball questions all around (town hall debates use questions from "normal people", so the inquiries to the candidates tend to be notoriously easy).

Tonight is crucial for McCain. Momentum is shifting against him in the battleground states. He has to come out and shake things up. It's probably worth breaking a debate "rule" or two as well. This is his format. If he has any hope of winning he needs to cash in on it.

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Sunday, October 5th, 2008
1:00 pm - Tidbits
After all that political drama over the bailout last week, there are rumblings now that the targeted financial institutions may not actually participate. Seems the big complaints are complaining about 1) The cap on executive salaries and 2) They don't like the increased regulations that accepting the money would entail.

So the financial institutions go to their buddy, SEC head and former Goldman Sachs CEO Henry Paulson, and ask for some help in the form of an injection of public funds. Did they expect that it would be given with nothing asked in return? Of course, there is also the possibility that this is all merely a bargaining ploy to sweeten the deal. Only time will tell.

It probably shouldn't come as a surprise that those whose institutional greed was a leading cause of some of this are now trying to protect their personal compensation packages. Then again I don't know what they're complaining about. Unless the Fed. has some sort of cool contract negating power we don't know about, the cap would only apply to successors, not to the current executives.


A friend commented that there are now Dunkin Donuts popping up in Dallas. I hadn't really thought about it, but it does seem that this area is a Krispy Kreme stronghold.

I haven't been in the new Dunkin Donuts, but I'm sure it's nothing like the east coast ones I remember from way back in day: They always were housed in some dilapidated former gas station that was one strong wind away from collapsing. Inside it was dingy....grimy....poorly lit....with the same four old dudes in the corner drinking coffee and smoking like chimneys.

The new one in Hurst that I drove by the other day looked like a modern art masterpiece.


This week in torts we'll be continuing our discussion of negligence. If your acts are negligent and you hurt someone then you "take the victim as they are." That is, you're responsible for the damages even if the act wouldn't have hurt the "normal" person. Thus leads me to the so called "thin skull" rule. That means that if the victim had a freakishly soft skull and you accidently lightly tap it in the right spot and the dude's head caves in causing death.....*Fonzy* Heeeyyyyy! *Fonzy*

So a companion rule to that (and the payout to mentioning the former) is the "Shabby millionaire". Suppose you're driving down the street and you run a red light and hit a dude dressed in rags and smelling like ass (we'll just go ahead and call him a bum). But hey ho! He wasn't a bum at all! He was really a millionaire that liked to roll around in rags and worn out shoes (emo?). Your restitution isn't based on bum levels (a refridgerator box and a bottle of wild turkey). You get to pay out at the "dead .com millionaire" rate ($$$).

So the end result is that you don't get to get out of responsibility for negligence just because they didn't "look" sick or poor or emo or whatever.

That last part really had nothing in common with the other stuff. I just thought it was amusing.

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Tuesday, September 16th, 2008
5:30 pm - Updates
Finally got my replacement phone in the mail. Wohoo!
For those who have no idea what I'm talking about, there was a....mishap...over Labor Day weekend. It involved my phone, Zakk's girlfriend, a hot tub, a 1/2 full bottle of 12 year old bourbon, and the act of Trespass to chattels. It was quite tragic.


So, does anyone want to actually *WIN* this presidential election? First Barak Obama (rightfully) criticizes John McCain as a D.C. insider. Then he goes and picks one of the only guys who has been in the Senate longer than McCain as his running mate thus completely neutering his best points.

Then John McCain, who had been successfully (and correctly) criticizing Obama's lack of experience, goes and picks a VP who's only experience is being the governor of the welfare state known as Alaska and former mayor of the thriving metropolis of East Moosefuck (population 9000). Thus that point is gone.

Previously I was rather ambivalent of both candidates. There were some things I liked about each and some I didn't like. Readers of this blog may not believe it, but it didn't really make much difference to me whether we got McCain or Obama.

I'm sorry to say that the choice of Palin pretty much clinches it for me. I'll be pulling the big blue lever come November. We don't need a mini-skirt wearing ignorant ass backwards Bush disciple backing up a 70 year old president.

Well, I guess calling her a Bush disiple implies that she actually knows what his doctrines are. Interviews over the past couple days show that isn't the case.

Don't cast your vote for president merely because you want to bang his Vice President people!


Law school is still going well. Our first legal memo assignment is due today. Certainly not my best writing by any stretch. The logic is so convoluted at one point, I don't even understand how I arrived at the conclusion. It's quite a piece of mental gymnastics.


The weddings are finally done for the year. I think.
Congrats to Robby and Cheri who got married this past weekend. There was some drama, but eh.

Sorry I had to leave early folks. Gone, at least temporarily, are lazy weekends with no studying. But it was good to see you guys none the less.


Got a motorcycle class with Beth coming up this weekend. Should be fun. I've been thinking about learning how to ride and getting my class M license for quite some time. It was actually her idea, but I think it was a good one. No time like the present.

There won't be very many other trips coming up, at least until after Thanksgiving.

I will be Albuquerque for the second weekend of balloon fiesta. Hope to see some of you then!

The train is pulling into the station. Time to go kick ass at school.
Take care everyone!

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Wednesday, August 20th, 2008
11:52 am - "They found me. I don’t know how....but they found me."
The Mormon church is unique in their organization. Where most other denominations let the parisoners choose where they want to attend, the LDS church organizes geographically (at the most basic street by street level, these are called wards). Generally you are encouraged to attend your assigned ward based on where you live.

There are some exceptions to this rule. One is with regards to young single adult (YSA) wards. These are wards that are specifically for...well.... young single adults. They are still organized somewhat geographically, but those rules are a little more lax. These wards have two unique rules of their own: 1) If you get married you generally leave and join a regular ward. And 2) Upon turning 30 you generally leave and join a regular ward (I guess you aren't considered "young" at this point). The second point, in my experience, is at the discretion of the bishop.

And this is where the recent turn of events kicks in.
I like student wards. The people are younger and they have a lot of good energy. The ward its self is geared towards them, so they have lots of great social events. And the church meetings are quieter and it's easier to hear (a boon to someone like me who has trouble hearing at times) because there are no kids (versus family wards where the babies cry and the older ones fidget).

At the UTEP student ward, I made it point to avoid giving out my information to have my records transferred. The second bishop there was a stickler for procedure, and I had seen others previously "encouraged" to leave the ward "when it was time." Not wanting to draw attention, I just decided to keep a low profile. The issue wasn't pressed, so there was no need to force action. Everyone wins.

So I've been doing the same at the student ward in Coppell that I've been going to. In fact, I haven't put my name on a single sheet of paper there. None. So this past Sunday, I was doing some studying when there was a knock at the door. I opened it, and standing there were two missionaries and a member of the "big kid's ward" who came to say hello. They had just received my records and were there to welcome me "into the ward." I didn't recognize them from the student ward though. And as it turns out, they weren't. My records had been forwarded somehow to the "family ward" (anyone see where this is going?)

I invited them inside and we talked a little bit, however my paranoia was not alleviated by that conversation. It turns out that the third guy in the group (the non-missionary) just turned 31. He himself was in the student ward, and they actually asked him to change over (presumeably due to age).

Me being....well stubborn ole me...this has just increased my resolve to keep a low profile. But if that conversation is any indication, it's really just a matter of waiting for the other shoe to drop.

The REAL question....the one that has been burning in my mind for the past couple how in the world did my records get transferred??? The student ward at UTEP didn't have them. My old ward in Houston didn't have them either. The last place I was "on record" (or so I think anyway) was my original YSA ward in College Station. I called a few people in El Paso that might have had anything even remotely to do with giving up my new address, and they didn't know anything.

So it's a realy mystery. I mean, the only other thing I can come up with is either someone got a hold of my snail mail forward, or from a credit report. But that's diving into some deep conspiracy theory waters right there, and I've always been an Occam's Razor kind of guy.

Looks like some of these "law talkin guy" skills may come in handy sooner than later. Stay tuned for the next exciting installment of "Can Scott jedi mind trick the bishop?"

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11:22 am - The start of a new semester, and a new direction.
Law school classes started on Monday, but it feels like I've already had a week of class.  These folks aren't messing around.  4 chapters of reading were assigned FOR ORIENTATION.  And true to their word, we had two 2-hour classes during the orientation period.  About a week before classes started, syllabuses were made available.  Therein, each class had about 30 - 40 pages that had to be read before the first day.  The classes themselves are mind bending affairs.  The professors call on people and probe them with questions about the cases, what specific rules mean, how a case would be different if facts x and y were changed etc.

And I'm *loving* every damn minute of it.

I want to be called on.  Picked on.  Challenged.  After three straight (correct!) answers in torts, the prof ignored me raising my hand and went on to others.

This whole experience is different from my undergrad and masters.  In each of those, the subjet material was all fine and good.  But there was no active learning going passion for the material.  Well, my graduate econ classes had elements of that.  But here, as I read, the mind is constantly working.  I'm constantly thinking about what the implications of these are during.  It's a much more active learning process.

These classes are not for people who have a low tolerance for ambiguity or who feel the need for conclusive answers, because there aren't many.  But they jive with me because the answer isn't what's important.  It's the reasoning that counts.  How you arrived at your conclusion is the real main event.

I guess what I'm trying to say is that for this time and this place, I'm where I need to be.

Good luck to those of you who are also starting up again this semester.  May it be successfull.  As tradition mandates (ya'all are probably sick of seeing them), here's some motivation for the new year:

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Tuesday, August 5th, 2008
5:14 pm - Too much win in one place at one time
Every now and then on the internet, something comes along with so much win, we have to wonder how we ever carried on without it.  And once it touches, we will never be the same.

How much win is this?  Picture the scene in Raiders of the Lost Ark where they open the ark and everyone evaporates.  Now replace the ghosts with win, and you start to get close to it.

Ladies and gentlement, without further delay I give you: Slip and Slide Elvis from last night's Chicago Cubs game.

The fark forums on this were epic as well:

"Just one of the many advantages to owning, rather than renting, your own Elvis suit."

"Truly, a king among men."

And of course the gold: presents... Real Men of Genius
Real Men of Genius

Today we salute you, Mr. Rain-delay Slip-n-slide Elvis Impersonator
Mr. Rain-delay Slip-n-slide Elvis Impersonator

70s night at the ballgame? Check. Rain covered tarp on the field? Check. Too many Old Styles? You know that's a check
I cannot resist temptation

If baseball teams didn't want fans sliding on the tarp in the rain, they wouldn't be so slippery when wet
Can you say attractive nuisance

Besides, what's a night in Cook County jail when you can be famous on YouTube for about 3 minutes?
Somebody call my agent

So here's to you Mr. Rain-delay Slip-n-slide Elvis Impersonator. You put the 'win' in window of opportunity
Mr. Rain-delay Slip-n-slide Elvis Impersonator

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Friday, July 25th, 2008
10:09 pm - A question from my Legal Analysis textbook:
1. Q: A legislator has proposed a bill that prohibits physician-assisted suicide.
1. What stages must this bill go through before it can be passed into law?
2. If you were serving on the committee that is considering this bill, would you support it? Why?

What do you all think about part b? Discuss.
(My answer is in the comments)

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Thursday, July 10th, 2008
2:13 pm - Public service announcement: Labor law research
I've had a few friends over the past two months ask me some employment related questions. After the doing the research, and at the risk of having Robby label me as a labor relations lawyer (again), I'm posting this here in case others have the same questions.

Note: This information is the best that I could find, and it represents the law as of July 10, 2008. I am not a licensed attorney and situations are fact dependant, so take it for what it is and consult a REAL lawyer if you need to
(basically, this advice is worth three times what ya'all paid for it :D )

Question 1: "If I quit a job, does my company have to pay me for the vacation time I have accrued?"

Relevant Law: Section 61.001 (7)(A and B) of the Texas Labor Code

The Texas code defines vacation pay as the equivalent of a paid wage that is agreed upon via a written policy.
And that's it. That's all the code has to say on the subject of vacation time.

The important part of that statute is the agreed upon written policy because it basically means that the employment contract is controlling. That is, the employer is bound to do whatever they said in the contract they were going to do. If the written policy is to pay out vacation time, then it's paid out. If not, then not.

The one exception here is if there is no written policy regarding the payout of vacation time. In that case, a dispute would go to the Texas Workforce Commission for arbitration. And it appears that in these cases, the outcome usually favors the ex-employee (they get paid).

Question 2: "What is the law on non-compete agreements in Texas?"

Criteria For Enforceability of Covenants Not To Compete
Procedures and remedies in actions to enforce covenants not to compete
Pre-emption of other law

Non-compete agreements have been legal in Texas since 1989. However a Texas Supreme Court ruling in 1994 esstentially rendered them toothless and damn near unenforceable. All that changed in 2006, when the court revisited that ruling and loosed their previous literal interpretation.

The important part of the law is here:
<b>"...contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee."</b>

The Texas constitution says that no entity be it government or private can restrain an individual from engaging in their choosen livelyhood. With that in mind, the reason that most non-competes fail is because they are way too broad. They will do things like restrict someone from working within the state of texas, or they will say that someone can not work in a given industry (at all!!) for a couple years.

The key things to remember with these is that
1) A company can only restrict employment in a limited manner, in a limited field, and within a limited geographical area in which they conduct business and

2) Only a court can rule that someone has violated the non-compete. A company can make all the threats they want, but they cannot enforce the provisions without going to court. This is important, as many employers will use veiled threats to ensure non-compete compliance. They operate on a "power perceived is power acheived" philosophy (and in many ways, they are right). But at the end of the day unless companies are willing to hike up their skirt, grab their balls, and launch a lawsuit then the non-compete isn't worth the paper it is printer on.

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Tuesday, July 8th, 2008
11:05 am - The myth of the melting pot
Today I received the forward below. As with other forwards of its type, it is long on rhetoric and fallacies while being short on fact and reasoning. As if being an urban legend isn't bad enough, the text is just flat out historically wrong on several points.

This country has ALWAYS been anti-immigrant. Throughout the 1800's and 1900's there were ebbs and flows of anti-immigrant sentiment. The article says that hard working immigrants in the early 1900's were welcomed with open arms. But this just wasn't so. If the ignorant writer had bothered to open up a damn history book, he / she would have seen that in the early 1900's, there were ethnic riots all over the U.S. Why? Because the immigrants who were arriving were "different". Previously they had been western european (France, Italy, England). Now more eastern european immigrants were coming over (primarily polish jews, but also russians, refugees from Austria-hungry, etc). These new immigrants had different cultural norms, and it caused clashes.

I hear this myth of assimilation a lot. If previous immigrants assimilated as much as this article implies, then I wonder where we got Chinatowns, Vinatowns (Vietnamese), Greek quarters, "Little Italy", etc from? Every major city in America has ethnic quarters. These didn't arise because the immigrants were so good at blending in and were so willing to shed their ethnic identity.

The fact of the matter is that previous immigrants never really assimilated. They learned enough english to get by. They also settled in highly concentrated ethnic neighborhoods where they could maintain their ethnic identity.

This idea of wide spread assimilation is simply a work of fiction.

The truth is that the U.S. has NEVER welcomed "new" least until OUR CULTURE adapted to them.

Here is the forward below:

Orange County California Newspaper



From: 'David LaBonte'
My wife, Rosemary, wrote a wonderful letter to the editor of the OC Register which, of course, was not printed. So, I decided to 'print' it myself by sending it out on the Internet. Pass it along if you feel so inclined. Written in response to a series of letters to the editor in the Orange County Register:

Dear Editor:




When we liberated France , no one in those villages were looking for the French-American or the German American or the Irish American. The people of France saw only Ameri cans. And we carried one flag that represented one country. Not one of those immigrant sons would have thought about picking up another country's flag and waving it to represent who they were. It would have been a disgrace to their parents who had sacrificed so much to be here. These immigrants truly knew what it meant to be an American. They stirred the melting pot into one red, white and blue bowl.

And here we are in 2008 with a new kind of immigrant who wants the same rights and privileges Only they want to achieve it by playing with a different set of rules, one that includes the entitlement card and a guarantee of being faithful to their mother country. I'm sorry, that's not what being an American is all about. I bel ieve that the immigrants who landed on Ellis Island in the early 1900's deserve better than that for all the toil, hard work and sacrifice in raisin g future generations to create a land that has become a beacon for those legally searching for a better life I think they would be appalled that they are being used as an example by those waving foreign country flags.

And for that suggestion about taking down the Statue of Liberty , it happens to mean a lot to the citizens who are voting on the immigration bill I wouldn't start talking about dismantling the United States just yet.

(signed) Rosemary LaBonte



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Monday, July 7th, 2008
12:41 am - Sometimes you can't hide your heritage
The apartment complex has a laundry room right next to the pool. So while the camping clothes were going through the washer, I figured it would be a nice time to have a couple beers and a cigar.

Suddenly this oriental lady walks over and looks at me:

Her (snootily): "What are *you* doing?"
Me: "My laundry, what does it look like?"

It's times like these that make wonder if I was Brooklyn cabbie in a former life.

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12:41 am - 4th of July weekend
A couple weeks ago, I decided it was time to do some I hadn't done since sometime in the mid-90's: go backpacking.

Friday was a late start due to last minute procrastination. Also had to stop by REI to get a tent replacement and some food (in an unrelated note, camping technology has come a LONG way in 10 years). I wanted to be at the trail head by 11 a.m. Yea....
So after arriving at Lake Texahoma around 2:45, it was time to start hiking!

There were some ominous clouds in the distance. Ahead of me coming down the trail, three people were coming at me like their asses were on fire. 45 minutes and two miles later, the rain started coming down as a drizzle. A few minutes after that, it was coming down in horizontal sheets so thick that the lake just 20 feet off the trail was completely invisible. And there I am, with a big ole shit eating grin on my face, loving every minute of it!

The good news is that all the clothes and food stayed dry. The bad news is I think my IPOD Shuffle shorted out. An hour into the hike, and no more music :(

By 7:00, it was clear that I wasn't going to get as far as I hoped. It was also clear that daylight was becoming increasingly scarce (it turns out that trees are amazingly good at blocking the sun). Just up the trail, there appeard this flat meadow right next to the lake's edge. It was the perfect camping spot. While stopping meant that I wouldn't be able to go as far as I wanted, it was also a way to bring day one to a nice conclusion (we're talking the difference between a pleasant evening versus me bitching about having to claw around in the dark to setup the tent).

Camping out in the wilderness is always worth it for the sheer number of stars and the beauty of the night sky. This being the fourth of July, the lake was also full of revelers shooting fireworks from their boats well into the night.

The next morning the sun hit my tent at 6:45 (ugh). There were fresh animal tracks through my campsite and down towards the lake (the idea of animals lurking that close always creeps me out for some reason). The hike back to the car was fairly uneventful.

Overall it was a nice trip, although I only had one pair of socks and they were soaked the entire time (queue the wrath of Wilkinson here). Now that I know what to expect, I think I'll try the trail again soon (mid august perhaps?) This time the IPOD will have a waterproof covering on it.

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Sunday, June 29th, 2008
11:54 am - The new indiana jones movie has given us a new meme
Old and busted: "Jumped the shark."
New hotness: "nuked the fridge."

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11:53 am - Two weddings down, one to go.
Javier and Krystal's wedding went off on Friday. It was a nice Catholic wedding in a big church. The ceremony was long and laced with symbolism and tradition (as Catholic services tend to be).

Recent tradition mandates that we all gather at Robby's parent's house at least once and cook various dead animal products. Javier said he might "stop by later", but we weren't holding out breath (I'd be willing to bet any sum of money that they didn't even leave their apartment yesterday! I mean games of Catholic Bingo can be tiring).

I had talked to a couple other people over the course of the weekend about the wedding and life, and each time it casually came out that I had known the groom since high school and we were still good friends. Then the conversation would turn to the others who I'm also still friends with. People seem struck by the fact that we're all still friends after almost 15 years (20+ with Colin and Mike). Is that such a strange thing?

Last night, Irene made a comment that she felt stupid sitting in a room with all of us. It made me feel strangely grateful: I've got some freaking smart good friends that I've known for over a decade each. How many people can say that? Now there are weddings and celebrations to share. Soon enough baby pictures will be exchanged.

So there were we last night, an intimate gathering of 8 friends all now merrily walking down their respective paths of life. A mixture of some new, and some not so new. Talking about this that and the other.

I'm not really sure where this blog was going or what I'm trying to say here.

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