Photo Shoot 1

A couple of friends from Brooklyn wanted to use my apartment for a photoshoot so naturally I said yes.  For 12 plus hours the loft was transformed into a staging area for three models, two makeup artists, a photographer, a stylist, a director, and assistants.  

They decided to shoot down the street at a local park.  

I decided to bring my camera along to capture the action.  

The pictures will be available in a couple of weeks and will be featured in a fashion magazine here in NY.  The first of many shoots  I anticipate.

It's Over.

This is it.  The last day.  I cleaned my locker out on Monday after the last oral argument I will ever give in law school.  After I was done the judge said, "you have a very comprehensive vocabulary... that's a good thing... considering the last President."  I didn't have any idea what he meant or if that meant my arguments went well but in hindsight, they did.  

I was able to end this whole ordeal on a high note.  It's strange being in another city when your family, friends, and classmates you spent two long years with, and shared the third in spirit, are celebrating without you.  But I am reminded of what lies ahead for this Green New Yorker- post graduate employment, aka, paying the bills.  I am going to start off with construction and work on getting my contractors license.  Then working with an array of characters on small business startups.  I have my own projects and it seems this whole law school thing just might pay off, in an unexpected way.  So let's see what NYC has to offer.  

There were two things I wanted to do before I bid farewell to CUNY.  The first was play a game of pool.  I had walked by the commons area where the table was located and had never taken the time to play.  The second, was talk to Ruthann Robson, a professor and founder in law and sexuality and discrimination law.  4 classmates of mine studied her last year at Seattle University and produced a documentary regarding media, law and sexuality.  I was hoping to introduce myself and at some point get her the video.  

So with 35 minutes until I had to argue, my study partner rehearsing her arguments, finding last-minute cases, and basically freaking out, I went out to explore.  Robson wasn't there but I commended myself for trying and figured I would just email and try again some time this summer.  Then, commons area empty, I decided to go in and play pool... alone.  Luckily, a classmate had the same idea, a mere 30 seconds later, and wanted to play before his arguments as well.  

Turns out, he is from Portland and will be pursuing a PHD in literature and education after law school.  Serendipity?  We chatted and managed to get 3 games in before dashing to arguments but it seemed to just go perfectly from there.  Sometimes you have to stop and smell the felt.  

This whole ordeal wasn't without its consequences.  I have lost roughly 15 pounds since starting 3 years ago, unfortunately of muscle.  I look a little worn for the wear and have had to forego other things.  And after 2 weeks of finals, I have been suffering malnutrition, sleep deprivation, and every muscle in my back is either cramming or in spasms.  But it's over.  

And I have learned some wonderful things.  First I learned balance.  Law school can consume you.  But I managed to balance the important things, make time for those great chats, and have some fun.  Which also lead me to taking control of your own life.  Tons of choices out there and only you can really "make" the tough ones.  It's your life and you only live it once.  I have also gained a lot of academic insights, particularly relevant to my own edification as well as a focus I think I was lacking before.  These are all necessary things for making a run at NYC but I feel prepared, inspired, and hungry... in more ways than one.  

Coming up next- The Law School Greatest Hits: a photo montage.  

Confessions of a "last year" law student: On the Closing Road

Please find below my research diary assignment for my New York Practice final assignment re: motion, brief and oral arguments to compel discovery and protective order for confidentiality.  AKA the mind of a law student in finals loaded with caffeine and deprived of sleep = delusional and whimsical.  

43146

Research Diary

May 11, 2009

NYP Final Exam

 

 

May 7, 2009; 2:30 PM

 

Dear Diary,

 

I dislike you.  But we are stuck with each other and therefore we must work as one and get to know one another.  Despite your relevance, I can already tell you are going to be a thorn in my side.  You are an inanimate object without a soul but I believe, if you could, you would be asking “why” right now.  Well let me count the ways.  First, I like to scribble, not type in a coherent, linear fashion.  So as I scribble my notes, you will be anxiously awaiting for me to submit entries, jealously no doubt.  Second, you will force me to document this horrific experience, causing me immeasurable pain as I attempt to narrate what I have found, or failed to find, when using technologically inept research sources, causing me to ramble on about my criticisms of legal “assisting” documents, while highlighting the nicer features only accepted in the life of a law student, and inevitably the lawyers.  Finally, you will instill in me a certain robotic sense of being, similar to your own, in which I will hold empathy for you, resisting the day, in the near future, where you will become a love lost, and a constant reminder of the intimate days we shared together.

 

            As I sit near my window on this stormy New York day, mid-afternoon, I must inform you that I am exhausted.  You see I just spent three days conducting research of a different sort on the intricacies of intellectual property resulting in a beautiful and pithy prose on the fine art of legal drafting on such attractively deceptive topics as trademark, copyright, and patent sagas.  As such, I will let you in on a little secret.  I may not fully understand what I am doing, or what I am about to do. 

 

            I begin my research with an old saying from my undergraduate days, “Jason, begin with the forest and then focus on the trees.”  Never you mind that conjures up thoughts of a lumberjack destroying the pristine Pacific Northwest, just understand that at first, we must get a broad overview of the subjects we are tackling.  That said, I spent some time researching Employment Litigation generally as this is a case involving wrongfully withheld wages.  I have become familiar with the elements in each cause of action in the complaint and now understand why this motion to compel discovery is fundamental to our case.  Using Westlaw, NY Practice is a useful source of information for broad, but succinct, facets of law.  

 

            I then spent some time reviewing the purposes and procedural steps in disclosure actions generally.  I made an executive decision to locate the required databases with mixed results.  I’ll begin with the brighter side of life.  McKinney’s Consolidated Laws Commentaries and Carmody Wait 2d Cyclopedia of New York Practice are easily accessible on Westlaw and even have Table of Contents access, making my time breezing through index numbers and disclosure topics much more bearable.  However, the evil Weinstein Korn and Miller, New York Civil Practice have pledged allegience to the devil and can only be accessed through the database that is this lawyers worst nightmare: Lexis Nexus.  Its proximity to Lex Luther should not be disregarded.  To shed light on my disdain for our archenemy, let me digress by letting you know that while I will be soon cashing in my Westlaw points for trivial trinkets, I have accumulated exactly zero points in three years of law school over Lexis.  Having worked for three different lawyers, I have deduced that only the insanely genius, or the economically required users, can manage this archaic database.  That said, once finally accessed, this Cyclopedia is extremely helpful and covers more in breadth and substance and also host example forms, helpful to this now delusional student.  Having secured a working knowledge of both the forest and the tools accessible to chop it down, I will retire to a much-needed slumber. 

 

May 8, 2009. All Day.

 

Today I am reminded that I am a mere grasshopper in need of reminders from the esteemed sensei.  Thus, “start early,” has not been lost on this researcher and has begun to haunt me like Mr. Poe’s Raven, “Nevermore” has been replaced with “start early.”  I spent a considerable amount of time with Mr. Carmody today and have a solid foundation for precisely what is necessary for the scope of disclosure, pertinent to why I am asking for documents in the first place.  Mr. Carmody has enlightened me as to the abstract ideas but has not been quite as illuminating telling me the “how.”  For that, I returned to Lex Luther’s Cyclopedia.  The forms were nice but it was rather irritating to be told that I couldn’t access most of them due to my “status” and something referring to a dollar sign.  Fortunately copy and past functions well allowing me to access cases, briefs, and motions in the Kryptonite free world of Westlaw. 

 

Naturally, Westlaw led me back to NY Practice, I pause to recall the days of old - nothing beats the Siegal NY Practice Treaties.  Not only is it in tangible form, the man has been blessed with gifts not known to me at the time.  Where he was confusing in other chapters, he is clear in Discovery.  Westlaw also led me to use keycites of the most cited cases in NY, and the first department, regarding holdings I needed. 

 

I ended the day with numerous flow charts, element visuals, and other self-made aids on good old-fashioned paper using a number 2 pencil. 

 

May 9, 2009.  ALL DAY TAKE TWO.

 

I have not left the apartment, and scarcely my room, in now 4 days.  There are strange cryptic messages carved in the walls repeating an onerous theme: “start early… because it is beyond cavil that New York has a long favored open and far-reaching pretrial discovery.”  What on earth is beyond cavil?  What is short of cavil?  What is cavil?  Siegel and Mr. Carmody have convinced me that cavil is good for me, namely because I need open discovery as to these secret documents I came across.  I have all but finished the first motion and with the help of Google, I have located rules specific to the Supreme Court in NY, as well as some common language used in these “draconian” documents.  I have seen “draconian” far too often in the litany of opinions I have read in this dungeon. 

 

I discussed the merits of the claims with a few attorney friends of mine and feel good about the direction I am going.  They gave me a few more Westlaw hints (it’s popular!) and I have been diving through the CPLR using McKinney and the commentaries available from Westlaw after throwing the relevant CPLR provisions into the handy citation box located on the upper left of the Westlaw homepage.  I have mapped out and outlined, on paper again, the rules, cases, and arguments for the second motion and seem to be trucking along.  I ended my “day” around 11:30 (I realized that despite the fact the client would likely not pay, as a first-timer, I have decided to look at this as billable hours, convincing myself a paycheck is at the end of the road). 

 

May 10, 2009.  ALL DAY TAKE THREE.

 

28 years ago today, I was born.  Coincidentally it was also Mother’s Day then, convincing me that my mother would receive great joy from the gift of 13 hour labor.  Your welcome Mom! 

 

Carmody has been by far the most useful of the three identified sources but I find myself spending more time using the actual CPLR book, Siegel’s treatise, and case citation features on Westlaw.  I would have liked to have an example of a motion and brief on this particular issue but as Donald Rumsfeld cleverly said, “In this world there are knowns and unknowns…”, wait wrong quote, “You can’t go to war with the army you want, you have to go with the army you have.”  So I found it useful to at least get a sense of the form and outline of the document and despite the fact that both Word and ALL Apple products are exceedingly irritating in editing legal documents, I have managed to get the rough drafts done.  Hopefully they are right. 

 

Siegel has some forms in the treatise and Westlaw has some examples as well.  I have tried to conform to those, while keeping an eye on those darn CPLR and local court rules, and can only hope for the best.  I can see the temptation in wanting to use a form from the book but at the same time, it seems like you would really need to make your own using the best practices of a bunch of them.  That said, I have no idea if the way I compiled my ideas into one motion and supporting brief are “correct” but I think it gets the point across.  The key example was the “good faith affirmation” required under the rules to which there are no forms, Siegel provides little guidance, and the rule itself if unclear as to what on earth it is supposed to look like.  Your guess is my guess I suppose.   

 

At the end of this marathon I recall the purposes of this exercise.  As I suspected, I have grown quite fond of you despite your electronic distance.  But it’s always good to look back at where you started and see if you have progressed.  Looking back, I feel like a lawyer.  Even if this whole thing results in a complete failure, I know what it feels like to be lost at sea with only the preserver of legal aids to keep you afloat.  So I think I get it.  You have an idea.  You search to confirm that idea.  You look around to see if others agree with you.  You put it onto paper complying with intentional confusing legal language.  Then, you pray, beg, and plead that the judge before whom you are to argue has sympathy on you and remembers what this was like. 

 

I am not sure I would have done much differently other than perhaps accessing hard copies of things.  I would keep that in mind for the future, hard copies help.  I think I also would have started researching the “form” of the motions and the supporting papers before diving into the legal issues.  That way I could just plug away onto an outline as opposed to taking my document template and then having to adapt it as I go.  I also would have tried to understand the intricacies of Lexis if I had more time.  The Cyclopedia was great but just hard to use in Lexis.  I have a feeling it is more powerful than Lexis allows it to be. 

 

So with that, I bid adieu to the NYP Final Exam Research Diary.  It was great.  Real great.  I’ll call you… diary… I promise (wink implied).  

 

 

 

          

The Romanians Takeover New York City

Well- we are at it again.  My best friend's husband informed me he was coming to NYC last week for the weekend and of course, yours truly, was once again a host.  Whether I pass my classes will depend on how much work I can pull out this week but to be sure, it was well worth it.  

The first thing I said to him was, "You are staying at the Waldorf?!?  I know this is a nerdy request but I MUST see it."  I explained that I had wanted to go and scope out the place but was pretty sure they had an anti- come and look but don't purchase policy.  So with my chance, I had camera in hand.  

The Waldorf- Astoria: Host to the World.  Some of the most famous people have stayed here.  This WAS Sinatra's hotel and hey, even Presidents stay here.  

From the outside it may not look like much anymore but this is old New York.  A staple of the city of legend. 

Julian and his friends (they are Romanian) all came to NY to visit, some for the first time.  In all, there were 12 of them.  Julian's old friend from Queens took us out Friday and I had Saturday.  Below is me and Julian with our serious pose, for the Queens crowd.    

And me and Luana, Andreea's cousin.  Luana recently started as a diplomat in Washington DC.  So she has diplomatic immunity.  She even has a card which no joke states paraphrased, "this official will be treated with due respect... if in danger... will do anything possible to protect..."  That's a lot of responsibility for me as the escort.  I was also informed that if we were to marry, I too would get a card!  Diplomatic immunity sounded great before I realized, within seconds, that I should NEVER be given such a card.  My parents can attest that as a child, Jacer Racer would surely abuse such privileges.  

The End of an Era

It's that time again.  Finals.  But this time it has a whole new feel to it.  On May 15th I will officially no longer be a law student.  The last paper turned in, the last exam taken, the last oral argument made, and for the last time, I will be briefly reflecting on the journey taken before looking to the future.  

I am a spreader.  I am also highly independent.  Some would say to a fault.  So the following information should not be terribly surprising for those that know me well.  I turned to a classmate on Thursday night after my last law school class and said, "No one can tell me what to do ever again."  I was being funny but after 7 long years of education, learning what the professor wants, and battling against the status quo, it holds more truth than I had at first admitted.  In short, it's my turn now.  My turn to take that hard work and go with it.  As best as I can say how I feel, I am a caged animal who sees the cage is finally being left open.  

 

So you may not find it surprising that at this moment, as seen in the pic above, I know the road ahead is hard and full of uncertainty, but when ISN'T a good time to enjoy a Yoohoo.  Strangely, getting on a new diet full of nutrients and minerals (like Yoohoo!) will be one of the hardest changes. 

But I digress.  I am a spreader.  Just like the papers strewn about my workspace, I am already spreading in planning my future.  I prefer to call it diversification.  I had two academic goals when I decided to come to CUNY here in NY.  I wanted to write about my law school experience and suggest ways to make it better for others, focusing on curriculum.  It didn't take too long for me to get set up with two professors that want me to write a book and will be assisting me starting May 16th.  Why waste time?  

The second goal was to have a "product" by the end of law school that I could feel proud of and that gave me more fulfillment than grades and exams.  I found that this semester in my health law class.  I had read an article about an illegal immigrant who had been privately deported by a Florida Hospital after it decided it could no longer afford him.  They are now the example of what not to do and are facing a lawsuit.  I decided to write about the issue in my Health Law course and, although it has resulted in more work than I have ever had in law school, it has reaped deep rewards.  

The issue is loaded with inequities on all sides and institutional failure as well as compassion and ethical dilemmas.  I will be working with my professor this summer to get the paper published in law and health journals  but the most exciting news is that I spoke with the attorney while writing the paper and am now planning to go down to Florida to cover the trial and conduct interviews.  If I am lucky, I will get access with the NY Times.  This would of course be more than a culmination of my law school experience, it would be a dream come true.  The case is about Luis Jimenez, seen below.  I'll keep you updated.  And as surreal as the last couple weeks of law school has been, I can't help but feeling excited to get back to the real world.    

Nana to NYC: first timers

I have had so many wonderful opportunities to revisit that first wonderous day when NYC was nothing but a wide-open world to explore for the very first time.  Almost a year later, the Big Apple still brings new adventures and endless opportunities.  

My friend Nana from LA had never been to the east coast and we crammed in as many things as we could. Determined not to experience NY the first time like a tourist, she had the right guide.  

Limited by this blog's 5 picture limit, I am forced to post only pictures that give a glimpse into where we went.  

The first pic below is Nana posing with the truest statement of the trip.  Traveling on a student budget is tough but we made it work. 

Top on Nana's agenda was to visit Harlem, home of the Apollo Theater, Hip-Hop, and Jazz.  I of course jumped at the chance to go somewhere I have yet to visit. 

On our way back, she saw the tourist trap that is Times Square.  Like most tourists, she was drawn into the myriad of shoe sales from about 60th to 30th streets.  Naturally I as busy taking pictures instead of eyeing the latest fashions and the timeless savings.  

I took Nana back to my old neighborhood and Prospect Park.  She saw the museum, the library, the Plaza, etc. and we hung out in the park awhile.  This was a shot I had to snag capturing the last days of Spring, the park calling out residents to come out and play.  

We also went up to Central Park, saw the performers, Strawberry Fields, and my favorite little expressionist scene of the lake and park.  

We hit up Bryant Park, Grand Central Station, and many other areas including what I now just refer to as the Burg (Williamsburg my neighborhood).  Nana was a great guest and I think she got a taste of NYC that will leave her thirsting for more.  

That's the rule: come to NY and I'll show you why you never want to leave.  One last note.  Nana says to me within the first two days here, "Why does everyone say New Yorkers are mean?  Everyone has been so nice."  I told her to keep the secret to herself and when we visited Times Square, she realized it's the tourists who are rude, not the New Yorkers.  We avoid the traps.  That's right- I said "we."  ;-)

Apartment Evolution Series: Murals

With the help of Eddie's nephew Dave, we thought it would be a cool idea to leave some of the room's walls open without sheet rock.  I had also just read The Last Lecture and was convinced, like the author as a child, I wanted to paint my walls in a creative way.  So I decided on murals.  

The first is the wall opposite of where I lie my head to sleep every night.  I used compound to texture the waterfall before painting it.  

The second is above my bed and under the loft.  Using the projection screen, I have started on the Starry Night replica, with of course, Christmas lights that give the appearance of starry stars ;-)  Hopefully I can finish in the next month or so.  

I then have a mural of a window with a planter.  The brick is actually a still-life replica of part of the view from my window next to my bed.  There is a brick building with similar window styles and I just added the planter for effect.  Now I just need better plants...

On the opposite wall is the "Conceptual Map Space" a concept I am trying out for brain-mapping new ideas.  Above it will be some yet to be determined murals.  I have some ideas for the door similar to what you see on tv with those crazy, obsessed serial killers and what nots.  I need to find some yarn.  Then next to the door on the wall, unseen in this picture, I want to paint a rudimentary world map.    

Below are the basic outlines of the train station.  I have since painted the beams red, and as you can see above stained the other beams, primed the inner-walls, and have outlined the train coming into the station.    

I would also like to do a couple of murals up in the book nook loft when I have more time this summer.  The goal was to have a creative environment that stimulates creativity and hopefully reflects some of my interests.  So now when you come and visit, don't say I didn't warn you ;-)