JMBzine.com
















by J. M. Branum

JMBzine.com is a free and independent media outlet protected by the Bill of Rights, First Amendment.

ABOUT ME:
  • 27 yr old male
  • jesus disciple
  • 2d yr. law student
  • peace activist
  • an okie green
  • former austinite
  • writer

    Email: jmb(at)jmbzine.com

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    favorite L-student blogs

    - Sua Sponte -
    - Janeway speaks -
    - Omer Poos -
    - Mellow-drama -
    - Zipsix.com -


    blogs by L students, Pre-law geeks, and recent L school grads

    - AndrewRaff.com -
    - gTexts -
    - Mad Tea Party -
    - disLEXia -
    - Method2Madness -
    - Tarheel Pundit -
    - Waddling Thunder -
    - Ambivalent Imbroglio -
    - damn the muse -
    - Jeremy's weblog -
    - Jewish Buddha -
    - Liable -
    - Math class for poets -
    - Off the fence -
    - Paul's Boutique -
    - thelifeoferin -
    - retrorocket -
    - The Rattler -
    - Santagati.com -
    - beingkate.com -
    - Statonlaw.net -
    - Antioch Road -
    - Volokh -


    Austin blogs

    confessionalism.com
    Bedheaded
    emoomega
    Indieandra
    kaci archer
    goodmorning
    Creamy


    Music I adore

    The Magnetic Fields
    Robert Earl Keen
    The Great Divide
    Madison Greene
    Miranda Stone
    UHQ
    Bill & VOL
    Five Iron Frenzy
    Brave Saint Saturn
    The Nitty Gritty Dirt Band
    Belle & Sebastian
    Cake



    Music I dig

    Steve Earle
    Calibretto 13
    Nickel Creek
    Gillian Welch
    S. Austin Jug Band
    Jim's Big Ego
    The Decemberists
    Echoing Green
    Cross Canadian Ragweed
    Guardian
    Finch
    Natalie Merchant
    Rusted Root
    The Asylum Street Spankers
    Barenaked Ladies
    Blues Traveler
    Jimmy Eat World
    Lenny Smith
    Alison Krauss
    Cherokee Nat. Children's Choir
    Delirious
    Duncan Sheik
    Iron Butterfly
    Austin Lounge Lizards
    Bela Fleck
    Bad Faces Clan
    Bob Marley
    Bruce Hornsby
    Fleming and John
    Element 101
    Ballydowse
    The Crossing
    Havalina Rail Company
    Godspeed you...
    Jeff Buckley
    Nick Drake
    They Might Be Giants
    The Beatles
    Guster
    AZX
    Pedro the Lion
    Ani DiFranco
    Bob Dylan
    Hank Williams III
    Junior Brown
    Lucinda Williams
    Weird Al Yankovitch
    Brooke Axtell
    Cross Movement
    Gin Blossoms
    Creed
    Shaded Red
    Waterdeep
    Acapella/AVB
    Eli
    K.C. Clifford
    Stryper
    Randy Thompson
    The Elms
    Superchic[k]
    Joy Electric
    Juliana Theory
    Pep Squad
    The Insyderz
    Save Ferris
    Walela
    O.C. Supertones
    Danielson Familie
    Third Day
    Echoing Green
    Chicago
    The Gypsy Kings
    Fold Zandura
    PFR
    MxPx
    Jimmy Buffett
    Jennifer Knapp
    Rick Altizer
    Bob Wills...
    Luke Brindley
    Blink 182
    Green Day
    Phish
    The Cranberries
    Peter, Paul & Mary
    Mamas and Papas
    John Denver

    Internet Radio (don't R.I.P.)

    JMBzine.com Radio
    KTSW - College Radio
    Radio New Braunfels
    Texas Rebel Radio
    Radio1Austin.com
    KHYI.com
    KOKF.com




    Blogroll and random




    Click for Law School Outlines

    Today's Verse
    Random

    Pedi-cab Poetry



    thanks to
    * m a y s t a r *
    designs
    • Wednesday, September 10, 2003

    The beginning of the move



      I've started working on getting things transitioned over to the Movable Type interface but it will be awhile before I get the templates and everything set up for the new system, so for the time being the "front" page when you access www.jmbzine.com will remain the blogger-powered page (the page you are viewing now).

      Then in a few days once I get all of the kinks worked out the front page will be switched out to the new page that is powered by Movable type. (Don't worry though all of my old content will be archived and remain online.)

      Oh one more thing... all new posts after this one will be on the movable type-powered page so if you want to read the latest posts click here.

    posted by JM at 5:37 PM | link |


    Tuesday, September 09, 2003

    Poetic Attack



      Received by email forward today...

        On September 11th there will be a poetic attack
        in many parts of the world. Everyone who is
        interested is invited to go out on
        that day and leave a book in a park, in a cafe,
        or in a public place, so that it can be found by
        someone else and taken as a gift. Anyone who
        donates a book is entitled to bring home the
        books they find.
        Will you adopt a book?
        Will you set it free?
        Please forward this information.
        Let's hope the movement will grow.
        Thanks to all the unknown readers.

    posted by JM at 11:30 PM | link |


    The Shady Angels --- The myth, the legend....the band.



      From one of my good friends in Austin, Bill McCharen
      :

        Playing live @ The Red Eyed Fly Lounge (7th & Red River)
        Wednesday, September 10th at 10pm
        [Dorcus Ham follows at 12:00]

        Playing live @ Momo's Club on 6th
        Monday, September 15th at 9:15pm

        Come and support live music in Austin!

        Come and support those shady rockstars who love Jesus!


      More info on the band can be found at ShadyAngels.com




    posted by JM at 11:03 PM | link |


    Liberty in Cyberspace



    • The Electronic Frontier Foundation - Their motto: "Digital Rights and Freedom for All"

      I highly encourage internet users (particularly those who share files to visit this site, especially their IP search engine that can search to see if the scumbags at the RIAA have subpeneaed your information.

      In the meantime though, boycott corporate music, if not for the sake of liberty do so because corporate music sucks.

    • Chilling Effects Clearinghouse - A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics. The site is provides an education on electronic rights and includes actual copies of "cease and desist" letters sent by corporate thugs at the RIAA.

    posted by JM at 6:35 PM | link |


    Madison Greene in Oklahoma & Texas!



      One of my favorite bands, Madison Greene is making it down this direction from their home in Michigan. I highly recommend them if you dig crazy hippie music.

      BTW, here are a couple of my favorite pictures of them (I took these at Cornerstone Music festival back in I think 2002: #1 ##2 #3 #4 #5)

      Here's part of their schedule showing some of their concerts in this region (I plan to be at the Stillwater show)...


        Sep 18 Thu
        Austin, TX @ The Green Muse
        Concert: 8:30 PM
        Cost: Free($5 sugg. donation)
        For Info: 512.912.7789

        Sep 19 Fri
        Stillwater, OK @ The University Worship Center
        Doors:8:00pm Concert: 9:00pm
        For Info: www.uwconline.com

        Sep 20 Sat
        Bartlesville, OK @ On The Rock Coffee House
        Concert: 9:30 PM
        Cost: Free($5 sugg. donation)
        For Info: 918.336.2636

    posted by JM at 5:52 PM | link |


    Monday, September 08, 2003

    First Blog post at my new webhost



      DNS probably hasn't found it yet, but very soon JMBzine.com will be at its new home hosted at VagrantHosting.com (a business ran by some old friends who also run the madness that is Vagrantcafe).

      I am also going to be transitioning very soon to a Movable type interface. I love Blogger but I think I've reached the point that MT will work better for my needs.

      On another note, I am considering bigger changes on this blog in the way of content to coincide with my move to the new interface.

      Mostly I see the need for this change because I have been way too depressed lately (not due to any circumstances... generally my life is actually pretty good, but rather just an unexplainable feeling of apathy and doom that feels like my soul is being crushed to death except I don't care anymore)

      The question for me is that I'm not sure if blogging helps me or hurts me in those times.

      I've talked to a couple of friends indirectly about how writing this blog might affect my emotional state. One friend said that she thought the concept of blogging was suspect and in most cases was driven by ego (but didn't really address my own reasons for blogging, just the idea of blogging in the abstract).

      Another friend said that my negative/hateful political postings is what is problematic and that my personality is not the same in those posts as it is in real life.

      I'm not sure if either of them are right completely, but I'm not sure.

      I don't see blogging as especially egotistical in my case just because I think every person out there is interesting IF they shared the interesting minutia of life with the world. (Or to quote the Rogers & Hammerstein musical Oklahoma. . .

        I don't say I'm no better than anybody else, But I'll be damned if I ain't jist as good!


      But I also can see that my particular blog at times is very egotistical, particularly when I start talking about politics. It is so easy to get consumed with what I think is right that I forgot that others also have very strong opinions too, and that even if I believe with all of my heart that my view is right, I have to accept the fact that I could be wrong and could learn to see things differently.

      And most of all, I feel like that the blog sometimes is an avenue for rage and hatred towards those who I think do evil things. Certainly it is good and even right to be moved passionately against evil in this world, but somehow, someway I gotta keep that passion from turning into hatred towards people. I should pity those who are blinded into doing the wrong things because I have the same ailment. I do evil awful things sometimes. I hurt other people. I hurt myself. I hurt God. Why do I think I have the right to hate the President, Ashcroft or anyone else, if I can't even manage to do the little things in my life right? I am such hypocrite to hate others when I know my own self and I know how far I am from the standard I hold others to.

      So anyway, I'm not sure what I'm going to do. I'm leaning towards making a commitment to minimizing my involvement in causes that tend to get more negative in nature (including blog posts of a negative nature) and to focus on those causes that have a clear positive way to work for good. --- If any of y'all have any thoughts on this, I would appreciate hearing what you think. I'm especially interested in hearing what fellow activists do to keep their anger from eating them alive, or how you keep working for good in a messed up world without becoming morbidly depressed.

    posted by JM at 11:36 PM | link |


    Important Note - Email Outage



      I am in the process of moving my DNS for JMBzine.com so for the next 12-24 hours my primary email address (jmb@jmbzine.com) will likely bounce. If you need to contact me via email please use jmb@oklahomadesigngroup.com as that email will continue to function.

      Sorry for the inconvenience!

    posted by JM at 7:19 PM | link |


    Sunday, September 07, 2003

    Is Blind Patriotism that patriotic?



    • Newsweek/MSNBC: Time for a New Patriotism? ---
      True loyalty to country is about more than saluting. A case for redefining the concept

        Britney Spears, best known recently for a lip lock with Madonna, is hardly an authority on the political ramifications of September 11. But Spears has a bankable feel for the popular pulse, and her comments last week reflected a good chunk of public opinion on the subject of patriotism: “I think we should just trust the president in every decision he makes,” she told CNN, “and we should just support that, and be faithful in what happens.”

        MILLIONS OF PEOPLE, most of them Republicans, define themselves politically and define others patriotically by adherence to that simple Spears standard. The Bush White House will do everything it can to identify those voters; play to their sometimes sublimated emotions of fidelity and fear, and turn the first Tuesday in November 2004 into a referendum on the second Tuesday in September 2001. Stay Proud. Stay Safe. Vote Bush.

        But now a hard-nosed Democratic critique has emerged, reflected in Howard Dean’s surprising success and Al Franken’s runaway best seller that documents lies told by Bush and other conservatives. This view is a twist on Bush’s taunt to the terrorists, “Bring ‘em on.” These Democrats are essentially saying to him: “Go ahead, make ads wearing that flight suit on the aircraft carrier; visit Ground Zero with a bullhorn during the GOP convention next year in New York; try to ‘Dukakisize’ the Democratic nominee as an unpatriotic weenie. This time, it ain’t working.” And, by the way, “We told you so on the failure of your go-it-alone arrogance abroad and your job-killing, feed-the-rich economy at home.”

        . . . But soon patriotism moved from a comfort to a cudgel. An impulse that had briefly united now often divided, as it did in the past. At the turn of the last century, Samuel Clemens (better known as Mark Twain), who was deemed a traitor for opposing U.S. policy in the Philippines, derided what he called “monarchical patriotism.” The old royal idea that “the king can do no wrong,” Clemens reported with disgust, had been changed to “our country, right or wrong.”

        . . .This raises anew the question of what modern patriotism means. Was it patriotic for the White House to instruct the EPA to put out a press release after 9/11 saying the air around Ground Zero was safe when there was no evidence for it? Was it patriotic to invade Iraq when there was no sign of an imminent threat and plenty to suggest that it would seriously detract from the war on Al Qaeda? Was it patriotic for the White House to allow American companies that reap millions in contracts with the Department of Homeland Security to incorporate in Bermuda in order to avoid paying taxes?

        Perhaps most important, is it patriotic to define patriotism the old-fashioned way—as a kind of narrow nationalism? That jingoistic definition is carrying a price for the president, who must now go on bended knee to allies he so recently scorned. When you’re spending $1 billion a week in Iraq, dissing our friends, as Dick Cheney and Donald Rumsfeld have done consistently, seems to be a tad ... counter-productive. Those “freedom fries” in the House cafeteria are burning us now; those gibes that John Kerry “looks French” don’t look so clever.

        Maybe all that liberal talk about involving the United Nations wasn’t so squishy and unpatriotic after all, if one believes it’s now a good idea to lose less in blood and treasure in Iraq. Maybe the true patriotism—the best nationalism—is enlightened internationalism, just as presidents from both parties have believed since World War II. Maybe Britney Spears and millions of Mark Twain’s other “monarchical patriots” can learn to trust in that, too. Or at least offer some respect to those who disagree.

    posted by JM at 4:05 PM | link |


    Random




    posted by JM at 12:39 PM | link |


    Saturday, September 06, 2003

    Why the major record labels suck



    • MSNBC/AP: Music file-swap amnesty planned- Recording industry won’t sue those who delete downloads - This is nothing more than a way to sow seeds of fear into the American populace. I say instead of doing this, send them a statement saying you refuse to ever BUY a major label release again and instead will only buy from independnet artists and small record labels. The RIAA is going at this in such a bad way. But of course I think the RIAA and the big record industries is such a mess that they should die anyway. I hope more and more artists will eschew that model and look elsewhere.


    posted by JM at 3:40 PM | link |


    Thursday, September 04, 2003

    Drug Policies




    posted by JM at 11:09 PM | link |


    The power of the media



    • Wired.com: Change Channels, Change Minds?

        ncreasing numbers of solidly heterosexual males across the country seem to be giggling at Bravo's new hit show, Queer Eye for the Straight Guy. Stunned family members can't help but think: "Wow. The power of television."

        But does television really have the power to transform people's views? Or does it simply reflect attitudes already prevalent in society? A Kansas State researcher studied about 200 relatively sheltered rural Kansas college students and found that popular TV shows dramatically improved their attitudes toward gays and lesbians. . .

    posted by JM at 10:46 PM | link |


    Blogger.com is beginning to frustrate me



      I'm beginning to think that Blogger's acquition by Google was a very bad thing. The reliability of the Blogger service has been depreciating rapidly of late. I would love to hear from other blog authors as to what blog platform they would recommend if I make switch. I've thought about Movable Type but it sounds so complicated to install.

    posted by JM at 10:42 PM | link |


    Oklahoma Protest Activities





    posted by JM at 6:01 PM | link |


    World News



    • For another perspective on world news check out Al Jazeera's English language website. They have surprisingly thorough coverage of American news but with a focus on the negative. (It reminds me a little of listening to Radio Habana Cuba on shortwave radio, but not nearly so biased.)

    posted by JM at 12:52 AM | link |


    Random




    posted by JM at 12:38 AM | link |


    Peace



    • My friend Aaron sent me a link to an essay by the Rev. Ken Joseph, Jr. on his rethinking of his pacifist stance concerning the Iraqi war. It's an interesting read but like any kind of antecdotal evidence, the experieneces of individuals varies so much. I've spoken to Kathy Kelly of Voices in the Wilderness along with others who have been to Iraq on their campaigns (one is Andrew Mandell of JPUSA community and formerly of the Celtic-punk band Ballydowse) and their experiences were very different from the Rev. Joseph's experience.

      I doubt that either of those versions of the truth are completely right or wrong. Many ordinary Iraqis cheered to see Hussein gone, others deplored it due to the enormous cost in human lives. War is never simple.

      In the end, I have to say there are some absolutes. Killing people is always wrong. Murder was the first sin after "the fall" (Cain slaying Abel), it was one of the ten commandments (thou shalt not kill), and certainly was echoed throughout the Old and New Testaments of the Christian canon of scripture. This prohibition is also found in most of the religious texts of the world, with certain exceptions certainly, but generally seen as being at best the lessor of two evils.

      So, if killing can best be the lesser of two evils, then I have to believe that we too often aren't creative enough in find ways to avoid violence. To quote Dr. King...

        Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force.


      We need to rediscover "creative" forms of protest against violence. The problem with the Iraqi war was that it was the easy way out. Yes, the Iraqi people needed liberation, but they needed to liberate themselves. America can not and did not liberate that people. Until the Iraqi people discover the power of nonviolent protest, they will continue to be in bondage, if not by Saddam Hussein, then they will be under the yoke of foreign occupiers and domestic tyrants.

      True liberty can only be achieved through what Dr. King called "soul force," and in all reality is why everyone on planet earth today is still in bondage to evil. We all are both victims and perpetrators of violence. Even the most noble of us can't help but contibute in some way to what is evil. We must, if we are to save our society from total corruption, recover what has been lost and begin to see the Imago Dei that is present in the soul of every human being we encounter. Until we see our fellow human beings as all having worth in the eyes of God we are no better than the wild animals.

    • For another perspective on what war is like on the ground... PissedOffAmerican: Reprint of a Newweek article on Faith Fippinger, human shield during the Iraqi war who is now facing 12 years in prison and a $10,000 fine for her acts of defiance to the war in Iraq

    posted by JM at 12:20 AM | link |


    Wednesday, September 03, 2003

    Random





    posted by JM at 9:04 PM | link |


    My first mental health day for Fall 2003



      Yep, I skipped classes today. In fact I skipped them all, and boy did it feel good. I went to the Oklahoma City Zoo instead and had a blast. (I took lots of pics and will post some later maybe) It sucks we only have 6 excused absences. I got a feeling I'm going to use all of them this semester.

      One thing I learned today was that the OKC zoo is one of the top 10 zoo's in the country and has the #5 best botanical garden in the country!

    posted by JM at 9:03 PM | link |


    US asks for UN help in Iraq



    • MSNBC: U.S. seeks greater U.N. role in Iraq ---
      Washington starts circulating resolution for multinational military force

      For once, I think the administration is going the right direction. I think it is critical that the UN takes over this operation, however I do think it is a mistake for the US to insist that a US general lead this force. Hopefully Bush will rethink this plank of his proposal.

      In the end though, I think the sooner the US gets out of Iraq and turns the administration of Iraq over to a democratically elected leadership, the better off things will be. I also think, that despite Turkey's complaints, Iraq should give serious consideration into splitting into two or more countries, including an independent Kurdistan. "Iraq" as a single nation was the construction of the British colonial powers. There is no reason besides fear that has kept this country together as one unit. Either Iraq should divide, or it should consider a Federal form of government (such we have in the US, Canada, and Australia) which allows for a seperation of powers between regional governments and a larger national government.

    posted by JM at 10:38 AM | link |


    It's not just happening in Seminole... workers & community in Jefferson, WI rise up against corporate greed!






    posted by JM at 9:18 AM | link |


    New "Front Cover" Photo




    posted by JM at 1:21 AM | link |


    Tuesday, September 02, 2003

    Photos from last week's Wrangler Protest...




    posted by JM at 7:40 PM | link |


    Criminal Procdure/Con Law




    posted by JM at 5:00 PM | link |


    Monday, September 01, 2003

    JMBzine Word of the Day



      Yeoman

      From Dictionary.com:

        5. A farmer who cultivates his own land, especially a member of a former class of small freeholders in England.


    posted by JM at 8:24 PM | link |


    Christian-Buddhist Thought






    posted by JM at 5:42 PM | link |


    World News



    • Deutsche Welle is a very comprehensive in-depth news site from German Public Radio/TV.

    posted by JM at 12:29 PM | link |


    Pedicabbing



    • PediChad - a blog by an Austin pedi-cab driver named Chad

    • ABC News: No Free Rides --- Regulations Cripple 'Pedicabs' - This is an older story but a good one. It is hard issue on how to protect the public without hurting the pedi-cab industry. I'm inclined to think the best way to benefit all concerned is to require licences but for the city to subsidize or even pay for the insurance. Why not? Cities subsidize buses because they reduce pollution and traffic so why not pedicabs? They are far more efficient than buses. Not just less pollution but instead ZERO pollution.

    posted by JM at 12:02 PM | link |


    Politics



    • MSNBC: Howard Dean surges into the lead --- Polls, fund-raising efforts boost former Vermont governor

      At this point I think MSNBC is right. I think Dean is the leader and will likely win the nomination and I would argue is one of the few Democratic candidates who has a shot at beating Bush.

      The main issues of course that might still come into play will be whether the war situation improves significantly (which would favor a more moderate pro-war candidate like Lieberman) or if another issue comes to the forefront in which Dean is weak.

      I myself will not support Dean. I might vote for him in the general election if the Greens can't get a candidate on the ballot in Oklahoma for Prez, but I'll my nose doing it. Dean is not "progressive"*. He is for the continued war on drugs, he is for the death penalty, and he is for some wars (i.e. Afghanistan). He is also kinda mean to me and way too agressive. I much prefer Kucinich's style and message.

      * By "progressive" I mean those who are green or very-liberal in their politics, with the key issues being opposition to violence of any form (war, death penalty, etc.) and support for social justice concerns.

    posted by JM at 11:46 AM | link |


    Sunday, August 31, 2003

    Austin City Limits Festival



      Oh this is torture... festival is only a few weeks away and right now it looks like I won't be able to go. AGGHHH!!!

      Of course I will say I won't miss that heat. Why have this festival in September in Austin is beyond me. October or November would be a much better choice.

    posted by JM at 10:40 PM | link |


    State of Oklahoma vs. Worldcom Inc., Bernard J Ebbers, Scott D Sullivan, David F Myers, Buford T Yates Jr, Betty L Vinson, and Troy M Normand



    • OSCN.net: Criminal Felony case # CF-2003-4689 (case report

    • NewsOK.com: State's economy could suffer blow in WorldCom case - There's a quote from an OCU Law school prof in this case...

        Norwood P. Beveridge, a professor specializing in securities and corporate law at Oklahoma City University School of Law, said state securities laws pre-date federal laws, and violators have always been subject to parallel prosecution. Federal prosecutors and the SEC said they were "disappointed" Edmondson didn't advise them of his plans to file criminal charges.

        "It's perfectly proper," Beveridge said. "If you go back in history, you can find instances of states taking a stronger stand than Washington."

    posted by JM at 10:37 PM | link |


    Peace Resources




    posted by JM at 10:26 PM | link |


    Pirate Radio in Austin



    • Aprendizdetodo.com: Free Speech Radio 91.1 FM Austin - The good news is that radio piracy is coming to life again and the people are claiming what is rightfully theirs... the bad news is that it is the creepy Alex Jones-style conspiracy nuts that are doing it.

      Boy I miss the good ol' days. 2000 was quite a year with two great pirate stations both covering much of Austin.

    posted by JM at 8:18 PM | link |


    Guster. . . Live in Austin!



    • Yes, you heard it right. They'll be in that fabled city on the Colorado on September 6th (for Austin City Limits!!!) AND on October 18th at Stubbs BBQ.

      If you can go, I beg of you go!!!! Guster is likable band on CD, but they are to DIE for live. They really are that good. I've been to a lot of good shows in Austin (Ska against racism tour, Godspeed you black emperor, et al) but my favorite of all was hearing Guster play at Stubbs back in 2001. It was a glorious moment that will radiate forever in my memory. (It really was that good.)

      BTW, if you've never heard Guster before go to their website (Guster.com to listen to their new album Keep it together (My favorite song is "Ramona" (a song about Miss Oklahoma missing Oklahoma).)

    posted by JM at 7:54 PM | link |


    From the Sunday NY Times



    • NY Times: In California They Run. In Texas They Run Away - a good story on the plight that the Texas Senate Democrats have faced in their New Mexico exile

    • NY Times: Free to Marry, Canada's Gays Say, 'Do I?'

    • NY Times/AP: More Than 300,000 in Baghdad Mourn Cleric Killed in Bombing - This looks to have all of the ingredients of a situation that could become very unstable, very quickly. I think the US desperately needs to turn over Iraq to a UN-ran administration. I don't see how things could much worse than they are now.

    • NY Times: Poor Nations Can Purchase Cheap Drugs Under Accord

        The breakthrough came earlier this week when the United States agreed to the original proposal it had rejected last December.

        Backed by the powerful American pharmaceutical lobby, the Bush administration had prevented the trade organization from adopting the measure, saying it should be restricted to a handful of diseases and limited to certain countries. The European Union and Switzerland, the other two delegations representing advanced pharmaceutical companies, had accepted the proposal.

        Nations from the developing world pointed out that without an agreement, there was little hope for success at new talks in the current trade round scheduled to begin in Cancun, Mexico, in September.

        This week the United States accepted the original proposal, but included the demand that such generic medicines could be imported to cure any life-threatening disease, so long as it was a public health emergency.


      I'm glad the Bush administration did the right thing but am appalled it took them so long to do it.

    posted by JM at 1:29 PM | link |


    Christian Pop Culture has gone to hell



    • ABC News: Pop Goes the Bible --- The New Testament Meets Cosmo, as Pop Culture and Religion Intersect

        With religion and pop culture intersecting more and more these days, perhaps it was inevitable: The Bible's gotten a Cosmo-style makeover.

        With a trio of smiling teenage girls on the cover, along with teasers for beauty tips and dating advice, Revolve looks like it has more in common with Glamour than Gideon.

        But don't judge the Good Book by its cover. Revolve is an honest-to-goodness Bible, encompassing the New Testament from Matthew to Revelation. But its magazine-like styling and bright cover will help it seem hipper to today's girls, the publishers hope.

        "We asked teen girls how often they read the Bible," says Laurie Whaley, one of Revolve's editors and a spokeswoman for its publisher, Thomas Nelson Bibles. "The response that came back was, 'Well, we don't read the Bible.'

        "They said, 'It's just too freaky, too intimidating. It doesn't make any sense.'"


        Heavenly Father in a Pop Culture World

        Revolve is just the latest cross-pollination of religion and pop culture that has seen Christian-themed fiction climb the best-seller lists and Christian rock and rap get a foothold in the music world.

        "Really, for the past 100 years, evangelicals have tried to use popular culture to draw people to their faith," says Lynn Schofield Clark, a sociologist at the University of Colorado's School of Journalism and Mass Communication who has written about Christianity, teens and popular culture.

        Examples date back to at least the beginning of the Protestant Reformation. Many well-known hymns originated in the 19th century as Christian poems set to the music of popular barroom tunes. Martin Luther himself used secular melodies to spread the word.

        Jeffrey Mahan, a professor of ministry, media and culture at Iliff School of Theology in Denver, agrees, but he also believes the trend is accelerating. "The old classic description of religion that made divisions between the sacred and the secular are breaking down," he says.

        "It's really in the last 30 years that that's taken off," says Larry Eskridge, associate director of the Institute for the Study of American Evangelicals at Wheaton College in Massachusetts.

        They attribute the change to a reaction to political controversies in the 1970s, such as the Roe v. Wade ruling legalizing abortion, and the rise of a counterculture interpretation of Christianity around the same time.

        Before the 1970s, fundamentalist Christianity took a dim view of mainstream trends like rock 'n' roll. At one time, it was uncommon to see rows of Bible-inspired fiction in Christian bookstores, because evangelicals often considered reading fiction a waste of time.

        But in recent years, they have been more willing and often eager to harness the energy and appeal of pop culture. The Left Behind series — an 11-installment serial potboiler based on the Book of Revelation — has sold well over 50 million copies so far. has spawned a series of graphic novel comics and kids' books, as well as scores of other biblically inspired works of fiction.

        There are also all manner of Bibles geared toward everyone from high school athletes to toddlers. "I've seen Precious Moments Bibles for kids and just everything under the sun," says Eskridge.

        The rise of Christian pop culture also has economic roots, he says. As fundamentalists became more prosperous, a new industry arose to sell them goods to suit their values and beliefs.

        Most experts estimate 25 percent to 30 percent of Americans are fundamentalist Christians, and perhaps another 5 percent to 10 percent are broadly sympathetic to those values and beliefs. Those numbers haven't changed significantly in recent decades, but they have become wealthier and more active consumers, says Philip Goff, director of Indiana University's Center for the Study of Religion and American Culture.

        Goff believes the growth of Christian pop culture also reflects the expansion of mainstream pop culture, which has become ubiquitous and ever more varied in recent decades.

        "There's so much more choice in pop culture at large," says Goff.

        The interaction of faith and pop culture is hardly limited to evangelicalism, or even Christianity. From the New Age movement to yoga and feng shui, there are traces of many religions and spiritual movements in mainstream trends.

        "People want to lead integrated lives," says Mahan. "So their entertainment life, their political life and their work life are integrated with their life of faith."

        A Bible With Quizzes, Top 10 Lists, and Celeb Birthdays

        Young evangelical Christians like Neille Sybert say a pop-influenced Bible like Revolve is not a bad idea.

        "It looks totally like a magazine," says Sybert, a 19-year-old saleswoman at Loaves & Fishes Christian Store in Vista, Calif. She thinks it would appeal to young girls who might feel embarrassed carrying around a black leather tome.

        "It makes it fun to read the Bible," she says.

        In addition to the biblical text — written in the modern English of the New Century Version — Revolve also features teen 'zine staples such as quizzes, Top 10 lists, and Q&A's. They focus, however, on religious topics like, "Are you dating a godly guy?" and inner-beauty advice. There are also tips on prayer, volunteerism, and calendars with entries, such as "Pray for a person of influence: Today is Michael Jordan's birthday" on Feb. 17.

        Revolve has been on the shelves for barely a month, but Stephen Virkler, an assistant manager at the Family Christian Store in Fairfield, N.J., says his customers appear interested.

        "They have to reach these kids in a different way," says Virkler, 31.

        Revolve and similar efforts typically emphasize aspects of Christianity that might appeal to teenagers' attitudes. They describe Jesus as a radical who was not afraid to challenge mainstream society.

        The content, however, hews to conservative Christian values on subjects like homosexuality and women's deference to men.

        In one hypothetical question and answer, a girl asks, "How do you tell a friend that's your crush that you're into him without ruining your friendship?" Revolve counsels her: "You don't. Sorry. … God made guys to be the leaders. That means that they lead in relationships."

        Older evangelicals like Mike Berthurum, a salesman at The Ark Book Store in Denver who has been selling Christian texts for 30 years, say they don't have a problem with Revolve if it spurs young people's faith.

        "This looks more like a book or a magazine that a youth would pick up," he says. "I think it's a good idea."


        God and the Hulk

        The convergence of religion and pop culture has reached into film, music, books.

        Christian teens today can tune in to religiously themed pop, rap, and even heavy metal. There are biblically inspired comic books and video games. Brio, a teen magazine published by the Colorado-based Christian radio ministry Focus on the Family, offers a chatty, conservative Christian take on traditional teen topics like celebrities, music and makeovers.

        In New York City, a nondenominational evangelical church called Journey Church of the City screens mainstream summer blockbusters like The Matrix Reloaded, Terminator 3: Rise of the Machines, and Seabiscuit, and then holds discussions on the movies from a Christian viewpoint.

        "A lot of people have the idea that you can only find God in the church," says Nelson Searcy, a teaching pastor with the church. "We believe that if you seek God you'll find him, even in the movies."

        Outside Dallas, Lake Pointe Church recently opened a skateboarding park. It's one of several churches trying to draw young people with fun, teen-friendly activities. The "world's first skate ministry conference" recently convened in Canada. The Skate Church has been drawing kids with its mix of skate ramps and railings and sermons since 1987.


        Going Too Far? Who Would Jesus Date?

        The growing stream of Christian fiction, rock music, and so on worries some evangelicals and fundamentalist Christians, however.

        "I think that's a legitimate question to raise," says Mahan, the ministry, media and culture professor. "People get nervous that these new media presentations … become substitutes for the substantive biblical texts."

        "If it has to imitate the culture in order to try to convert it, how much of evangelical Christianity is lost?" says Indiana University's Goff.

        Most are at least sensitive to the danger of watering down their spiritual message with too many pop-culture trappings.

        "Some of it's good, and some of it can go too far," says Sybert, the 19-year-old Christian bookstore clerk. "And it kind of loses its meaning."

        Whatever evangelicals make of the trend, they agree it is unlikely to let up.

        "I think we have turned a corner," say Mahan. "You can't put the genie back in the bottle."


      I don't even know where to begin talking about how mis-guided this is. Why is that Christians are catering to the worst of the world instead of challenging it? I don't get this at all.

    posted by JM at 1:17 PM | link |


    Friday, August 29, 2003

    Updated on Wrangler Protest In Seminole - Aug. 29, 2003



      The protest is on and we would love to have you join us. Go to The Oklahoma Indy Media Center for full information, directions, etc.

      I hope to see y'all there!

    posted by JM at 2:45 AM | link |


    Thursday, August 28, 2003


    In honor of the 40th Anniversary of Martin Luther King, Jr.'s "I have a dream speech"



    • From http://www.wmich.edu/politics/mlk/dream.html

        I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.

        Fivescore years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.

        But one hundred years later, the Negro still is not free; one hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination; one hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity; one hundred years later, the Negro is still languished in the corners of American society and finds himself in exile in his own land.

        So we've come here today to dramatize a shameful condition. In a sense we've come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of our Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was the promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

        It is obvious today that America has defaulted on this promissory note in so far as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check ; a check which has come back marked "insufficient funds." We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation.

        And so we've come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy; now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice; now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood; now is the time to make justice a reality for all God's children. It would be fatal for the nation to overlook the urgency of the movement. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality.

        Nineteen sixty-three is not and end, but a beginning. And those who hope that the Negro needed to blow off steam and will now be content, will have a rude awakening if the nation returns to business as usual.

        There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.

        But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place we must not be guilty of wrongful deeds.

        Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force.

        The marvelous new militancy which has engulfed the Negro community must not lead us to distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny and they have come to realize that their freedom is inextricably bound to our freedom. This offense we share mounted to storm the battlements of injustice must be carried forth by a biracial army. We cannot walk alone.

        And as we walk, we must make the pledge that we shall always march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, "When will you be satisfied?: We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality.

        We can never be satisfied as long as our bodies, heavy with fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one.

        We can never be satisfied as long as our children are stripped of their selfhood and robbed of their dignity by signs stating "for whites only." We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, we are not satisfied, and we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.

        I am not unmindful that some of you have come here out of excessive trials and tribulation. Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive.

        Go back to Mississippi; go back to Alabama; go back to Louisiana; go back to the slums and ghettos of the northern cities, knowing that somehow this situation can, and will be changed. Let us not wallow in the valley of despair.

        So I say to you, my friends, that even though we must face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream that one day this nation will rise up and live out the true meaning of its creed - we hold these truths to be self-evident, that all men are created equal.

        I have a dream that one day on the red hills of Georgia, sons of former slaves and sons of former slave-owners will be able to sit down together at the table of brotherhood.

        I have a dream that one day, even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.

        I have a dream my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream today!

        I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places shall be made plain, and the crooked places shall be made straight and the glory of the Lord will be revealed and all flesh shall see it together.

        This is our hope. This is the faith that I go back to the South with.

        With this faith we will be able to hear out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood.

        With this faith we will be able to work together, to pray together, to go to jail together, knowing that we will be free one day. This will be the day when all of God's children will be able to sing with new meaning-"my country 'tis of thee; sweet land of liberty; of thee I sing; land where my fathers died, land of the pilgrim's pride; from every mountain side, let freedom ring"-and if America is to be a great nation, this must become true.

        Let freedom ring from the mighty mountains of New York.

        Let freedom ring from the heightening Alleghenies of Pennsylvania.

        Let freedom ring from the snow-capped Rockies of Colorado.

        Let freedom ring from the curvaceous slopes of California.

        But not only that.

        Let freedom ring from the Stone Mountain of Georgia.

        Let freedom ring from Lookout Mountain of Tennessee.

        Let freedom ring from every hill and molehill of Mississippi, from every mountainside, let freedom ring.

        And when we allow freedom to ring, when we let it ring from every village and hamlet, from every state and city, we will be able to speed up that day when all of God's children - black men and white men, Jews and Gentiles, Catholics and Protestants - will be able to join hands and to sing in the words of the old Negro spiritual, "Free at last, free at last; thank God Almighty, we are free at last."


    • Audio Recording of the Speech (downloadable in MP3 format)

    • NPR.org: The March on Washington ---
      Marking the 40th Anniversary of the Historic Civil Rights Protest

    • NewsOK.com: King's Dream

    • NewsOK.com: King’s goal of equality eludes some state blacks

    posted by JM at 4:04 PM | link |


    Hmm...




    posted by JM at 2:34 PM | link |


    A new project



      Yesterday I started a new project... writing a book on the life of Jesus. It'll be sort of commentary (laid out in chronological format using the four gospel accounts) but it will be geared towards the middle route between not being too elementary (as are most of the "layman's" commentaries) and too academic. I especially hope to highlight many of the practical and social justice teachings of Christ.

      I know it sounds kinda crazy doing this during L-school but I think it will help me to keep my sanity (and my faith which I feel is pretty tenuous and nebulous right now) to do this. --- (BTW, my earlier book idea is on hold for now. I've decided my own mind is to unsettled to write on the philosophical issues.)

      So far it has gone well. I'm at this point doing the preliminaries of disclosing my theological bias, my approach to meshing the chronologies.

      On issue that is yet to be resolved is which Bible translation I'll use. I'm leaning towards using a public domain version like the American Standard Version of 1901 or the World English Bible. I could also write my own paraphrase but that could take forever to do.

      BTW, while I'm on the topic of theological writing I found an article on my Alma Mater's (Austin Graduate School of Theology) website, Guide for Writing an Exegesis On a Biblical Passage. I really dig the approach the article takes and will be using it in a modified form for my book.

    posted by JM at 2:16 PM | link |


    Wednesday, August 27, 2003

    More from Oklahoma



    • KFOR: Hueberts hope to tap in on state's beer market--- If you want something done right, sometimes you just have to do it yourself. --- This is very cool news but I'm surprised that for now Huebert is only planning on a lager. I think Okies have more refined tastes than gives them credit for.

    • On the Wrangler plant closing, KWTV has reported that Wrangler nows says they have delayed the plant closing until late November, however The Seminole Producer (scroll down to read the story) is reporting that the city of Seminole is proceeding with massive layoffs and cutbacks in anticipation of the closing. My guess is that Wrangler is playing a cruel game with their workers' lives. There's no telling when they will leave. It might be tomorrow for all we really know. --- BTW, as far as the Wrangler protests we don't know for sure what is the game plan yet. In my last conversation with the main organizer for the protest we decided to sleep on it tonight and decide tomorrow what to do. My guess is that we'll probably continue on, it's just now we have to anticipate a much longer time of protesting. (at least it'll be cooler weather in October and November) If any Seminole folks are reading this I would appreciate your thoughts on what we should do.

    posted by JM at 9:29 PM | link |


    Oklahoma News




    posted by JM at 5:28 PM | link |


    Tuesday, August 26, 2003

    Bush pushes for more war...but doesn't drop the ball on fundraising



      This post was deleted and moved to http://www.okimc.org/newswire/display/904/index.php.

      I shouldn't have posted it here in the first place. I'm sorry if I offended some of my regular readers. Sometimes I let my anger get ahead of myself. This is one screwed up world and sometimes it's hard not to lose your cool. --- I'm having a real problem not hating those who I believe are doing really bad things.

    posted by JM at 8:08 PM | link |


    From this week's Austin Chronicle...



    • 13th Annual 'Austin Chronicle' Hot Sauce Festival --- I wish I was there.

    • Weed Watch

        . . . As it turns out, the Illicit Drug Anti-Proliferation Act -- formerly called the RAVE Act -- wasn't the only dastardly provision snuck into the feel-good measure to create a national system for locating missing children. The so-called Feeney Amendment, authored by freshman Rep. Tom Feeney, R-Fla., effectively eliminates the ability of federal judges to use any discretion in sentencing defendants -- by authorizing U.S. Attorney General John Ashcroft to report to Congress any judges that continue to exercise judicial discretion. This congressionally mandated tattling prompted Manhattan federal District Judge John Martin Jr. -- an appointee of the elder Bush -- to tender his resignation in June. "The Justice Department is telling us that every defendant should be treated in the same way, that there should be no flexibility to deal with individuals," Martin told The Wall Street Journal.


    posted by JM at 4:23 PM | link |


    Wrong-headed approaches to combat obesity



    • MSNBC/Reuters: Ireland mulls ‘fat tax’ to curb obesity --- Levy on high-fat foods aimed at battling expanding waistlines

        DUBLIN, Ireland, Aug. 26 — Ireland, noted for fried breakfasts of epic proportions, is chewing over the possibility of a special tax on fatty foods to tackle rising obesity levels.

        FACED WITH AN epidemic of expanding waistlines as the Irish enjoy unprecedented prosperity, Health Minister Micheal Martin confirmed he was “very tentatively” examining slapping a levy on high-fat comestibles.

        A proliferation of restaurants and fast-food joints during the country’s celebrated “Celtic Tiger” boom of the late 1990s and an increasingly sedentary national lifestyle are among factors blamed for a rise of nearly 70 percent in the number of those overweight or obese over the last decade.

        “Some 60 percent of our population is now either overweight or obese and we would welcome any initiative (by the government) to tackle the problem,” Michael O’Shea, chief executive of the Irish Heart Foundation, told Reuters.

        Figures earlier this year showed 14 percent of Irish men and 12 percent of Irish women were obese. Some 32 percent of Irish children were overweight and 10 percent classified obese.

        News the government is eyeing high-fat snacks follows recent moves to crack down on alcohol abuse — including a ban on pub “happy hours” — and a national furore over plans to prohibit smoking in bars and restaurants from next January.


      There's a big problem with this idea... eating fatty foods does not cause obesity. It makes sense on the surface but it is wrong. The real issue is blood sugar levels, and millions of folks around the world are discovering that a low-fat diet is recipe for obesity, and rather a better option is to eat a high-protein, low carb, vitamin-rich diet.

      Dr. Atkins has been the main proponent of this way of eating and was laughed at by the so-called experts, but now he is being vindicated not only by the many who are losing weight on his recommended diet and lifestyle (I've lost 23 pounds thus far by doing it), but also by the growing amount of medical evidence that shows the healthful benefits of low cab eating.

      Anyway it seems to me that the Irish are going at this all wrong. It would be far better to emphasize the positive (provide healthy school lunches, provide government subsidies for restaurants that serve healthy food, etc.) than to try to penalize bad behavior, particular when the thing they are trying to penalize in fact is the real problem. Eating fatty foods is not bad for you in and of itself. It all depends on what kinds of fat you are eating and whether your blood sugar levels are running correctly or not.

    posted by JM at 1:33 PM | link |


    Monday, August 25, 2003

    Random






    posted by JM at 12:10 PM | link |


    First Day



      Today is my first day of my 2L year. I'm taking Con Law I, Criminal Procedure and Bankruptcy so I think it'll be a good year. (Also going part-time with only 10 hours will help greatly with my quest to keep my sanity.

    posted by JM at 12:09 PM | link |


    Saturday, August 23, 2003

    Advice for 1L's



      OK... almost every 2L feels a compulsion to perform the ritual act of passing on his or her wisdom to those who are coming behind them.

      I am no exception, so here is my advice for all entering 1L's...

      Note this advice is specifically for students at Oklahoma City University School of Law. This advice might be great for you if you go somewhere else or it may really suck. Reader beware.

      1. Know thyself. --- If you were a studious go-getter as an undergrad, you will probably be one as a law student. If you were a slacker as an undergrad, you probably won't change. Don't stress it either way. It is better to do the things that worked for you in the past than to try to be someone that you are not. (just be the best "you" that you can be)

      1-b. Know thy prof --- The sooner you can get inside your prof's head and learn how he or she thinks, the better off you are. Remember your exam is basically written to an audience of one, so use your semester wisely to learn how your audience thinks.

      2. When it's time to work, work. --- This is probably the one thing that I struggled to learn and am still learning. The best way to study is hard and fast. Don't daddle. Read quickly and get it done. Don't waste 3 hours on what should 30 minutes. Studying on subjects you find boring is best done quickly so it is out of the way. Procrastination will kill you.

      3. If you're scared to death (and most folks will be), don't let it keep you from living. Life is more than law school (thank God). Keep in touch with your old friends. Read some books that have nothing to do with the law. Enjoy being outside. If you faith is important to you, don't lose it. Going to church is not a waste of time. It may be the one thing that keeps you sane.

      4. Take detailed notes of your cases IN YOUR BOOK. Most folks will start off with writing detailed case briefs and maybe that has some worth but you are better off moving to book briefing ASAP. The important thing to remember is that book briefing is more than just underlining key sections, but rather it is underlining/highlighting/etc in an organized fashion with annotations. It does you no good to have stuff underlined if you don't remember why you underlined it. Notes are essential.

      5. More on book briefing - My suggested method is a variation on the Llewelyn brief form that Professor Dillon taught my Contracts class.

      However, instead of writing out that info in complete sentences on a seperate sheet of paper, I think it is much better to highlight those sections in the case itself (so you can quote the case itself) with headings in the margin telling you what the elements are:

      Here is what I look for in a case...

        SOC - Statement of Case - a sentence or paragraph that tells you the procedural posture of the case

        FACTS - normally at the beginning of a case, sometimes elsewhere

        ISSUE - This is simple. Look for the question of law that the court is asked to resolve (see more on this on point #6). Often there will be multiple issues, or even sub-issues. The best way to deal with this is to number the issues.

        HOLDING - This term was an engima to me when I first started, so let me explain it like this. A holding is a statement of how the court resolved the issue. (in other words, the answer to the question stated in the "issue"). Another way to say this is... "The court holds that YADA YADA YADA...," with the yada's being the holding. --- BTW, make sure you have found a holding for every issue and sub-issue. Use the same numbering system. (I.e. Holding #3 is the answer to the Issue #3, etc.)

        RULE - This is a statement of the law, which can either be explicit or implicit.

        RESULT - This is how the court resolved the case. This is in many cass the least important part of the case because often the rule of law that is critical is not the one the court ends up deciding the case upon.

        DICTA - a nasty and nebulus class of statements. One could argue that everything not mentioned above is dicta, but I prefer to think of dicta as the asides that the court puts in a case to explain things that are not directly related to the main issue of the case but are somehow related.

        One important sub-set of dicta is POLICY --- which basically are dicta statements about the policy reasons for the rule the court is adopting --- some profs love to talk policy, others ignore it


      So, when reading a case look for those bits of information. Highlight the sentences that contain this information and then clearly mark in the margin the heading for them. Do this consistently and neatly (it takes 1 more second to write neatly enough to be able to read it back later) and you'll be ready for anything.

      6. Remember when reading a case that 95% of the time you are reading appelate decisions, which means the trial court has already answered the questions of FACT at hand. So, the only issues that are up for debate on appeal in most cases are not questions of fact but rather questions of LAW. (I.e. the issue in a crim law case will not be "did John Doe kill Jane Doe" but rather for instance "did the trial court act correctly in telling the jury YADA YADA YADA in the jury instructions?"

      7. It is smart to volunteer for class recitation/questions when you know the answer because you are less likely to called on later on when you don't.

      8. HOWEVER, it is dumb to volunteer too much. If you volunteer too much and you often don't know the answer, then everyone thinks you just like to hear yourself talk.

      If, however, you always know the answer, it is even worse, because first of all eveyone will be envious of you, but secondly your prof will rely on you whenever he/she is behind schedule and wants to move the class further along. (since he/she knows you are reliable person to call on) If you ever end up in this predicament the best way to weasel out of it is to act dumb the next time you are called on. Say something so stupid that the prof will asume that he overestimated you.

      By the way, the best way to be perceived in your prof's eyes is "hard working and stupid," because then he or she will cut you slack. If the prof thinks your "smart and lazy" then you're screwed because he/she will try to break you so that you'll be more motivated, and if your prof thinks your "smart and hard working" then you'll end up getting called on too much. (and of course looking dumb and lazy is always a bad idea)

      9. Make friends fast and don't be paranoid. Share your outlines freely.- I wished I had learned this sooner in my 1L year. I would have had much more fun if I did. --- As to sharing outlines, the reason I share mine freely is because I know that others are more likely to reciprocate in turn. Besides, knowledge is only half the battle. You still have to express that knowledge in those stupid blue books. Someone can have a killer outline and have it memorized and still bomb the test, so why not share freely. --- BTW, One L by Scott Turow (which I think everyone reads) is not real life (and neither is The Paper Chase. At least at OCU, law students are not mean people. Your classmates are rooting for you. They are not out to get you. Besides that is what the socratic system of torture wants you to do... to fear your classmates. Instead, turn your fear and anger towards those who are tormenting you. (in most cases your profs) You are all in this together. Don't ever forget that.

      10. Don't feel compelled to join a study group. For some folks they are great, but for many (including myself) they don't work. They tend to be mostly a big waste of time with lots of talking and not much studying.

      11. If you can afford to do so (which if you're like me is always the kicker), buy one good commercial outline for each class and possibly also some review tapes. I recommend the Crunchtime series for outlines (very good material, and also some of the cheapest... under $20 each). If you have the tapes, listen to them before the semester starts and when you're driving throughout the semster. They do a good job of explaining all of the stuff that the prof won't tell you because he or she wants to torture you and have the "fun experience" of learning it yourself the hardway. --- No offense to them but I don't appreciate wasting time barking up the wrong tree. A little helpful advice goes a long way.

      12. If you have a class that really stumps you and the prof doesn't know how to teach (thankfully I've had only one was truly like this) DO NOT DESPAIR but also DO NOT WAIT UNTIL THE END OF THE SEMESTER to figure it out. If your prof can't teach, then forget him. Get a good commercial outline and teach yourself the material. If the prof can't teach, then it only means you gotta figure it out yourself. (The good news is that one of my best grades last semester was in the class I felt lost in all semester)

      13. It is critical that you know the absence policy for each prof and that you also keep track of your absences. Profs have been known to screw up the attendance records and forget their own attendance policies. (it happened last year for several of my classmates) Keep track of it yourself IN WRITING so you won't get screwed. Also, budget your absences out over the whole semester. Most classes only let you miss 6 times, so if you avoid missing more than one a month, then you'll have 1-2 left if you get sick the last week. You don't want to go down to the wire with no cushion left.

      14. Don't freak out about grades. 80% of the class will make C's. That is just life at OCU Law School. If you do better than that, call your Mom but don't tell your classmates. --- BTW, the people who tell everyone what they made are often liars. Looking at the grading scale I know that the number of A's given out compared to the number of A's claimed by some folks is not in the realm of reality. Don't let lying braggarts freak you out. Everyones' grades suck.

      15. Treat the little people good. Don't take out your frustration on computer lab monitors, janitorial staff, financial aid workers, folks in the registrar's office or faculty secretaries. Those folks have to deal with a lot of crap from law students and faculty. Don't make their lives any harder. --- Besides those folks can also help you a lot IF they want to. Treat them good and they'll help you when you need it. (Treat them bad and I don't blame them for blowing you off.)

      16. Don't let your vices consume you. - Everyone in L-school will give into their pet vices at time. (Only you will know what that is... food, alcohol, drugs, spending money, sex, whatever it is for you.) A little bit of a vice might help you survive for awhile and I guess has its place but don't let it consume you. Stay rooted in what's important.

      And if you find yourself off course, don't stay that way. There's new hope every day, even in L-school.

      17. Remind yourself at least weekly why you started L-school in the first place. It is so easy to forget, but we are entering a noble profession. To practice law is to be participant in our civil society by protecting the rights of others. Doing this, be it in commercial law, criminal justice, family law, you name it, is to be an advocate for others. This is a noble thing. Don't let the indignities of law school rob you of that pride.

    posted by JM at 10:21 PM | link |


    Austin Flash (or rather Splash) Mob #2




    posted by JM at 5:03 PM | link |


    Friday, August 22, 2003

    The Ten Commandments



      OK, I've held off on commenting on Alabama's Ten Commandments showdown, but I guess it's time to break my silence.

      First, let me say I greatly admire the protestors who are using non-violent means to protest what they believe is unjust. One could certainly argue that for once the Christian right is adopting the tactics of the left, and say amen to that. Non-violent direct action can change the world. --- Of course in the big picture, I don't see the removal of a granite monument to the Ten Commandments as being that big of an issue, but if this situation makes the right think more about non-violent means of protest then I think that is a positive thing. (If nothing else maybe it will make them respect those on the left who peacefully protest.)

      Secondly though, from a legal standpoint I think the federal courts are right. The monument would be fine if it was in a different location or presented in the context of other historical legal documents (Bill of Rights & Constitution, Magna Carta, Hamurabi's Code, etc.). I think it would also be ok if it was a historical monument that had been there for 50-100 years.

      But since it is a very recent monument (I think Moore put it there in the 90's) and is placed in the most prominent spot of the Courthouse, then I think it certainly seems to indicate that the state is taking sides in religion. (Something that is forbidden by the Establishment Clause of the First Amendment to the US Constitution, which technically applies only to the federal government except that the Fourteenth Amendment binds the states to the Bill of Rights as well).

      Probably the thing that to me makes this monument explicitly religious and not merely religious or historical is this inscription on the monument, "Laws of Nature and of Nature's God." (a picture of the monument with this inscription can be seen on http://www.msnbc.com/news/954934.asp?0cv=CB10). This statement clearly indicates that the State of Alabama is recognizing that the God of nature (and presumably the God of Alabama) is the God who wrote the Ten Commandments.

      That I believe is in violation of the Establishment Clause. Government cannot take sides on religion. I should also note of course that Government can't in anyway restrict free religious expression either. So, in practical terms I guess Moore's monument could be allowed to stand IF it was privately funded, and IF the state also let other religious group's erect similiar monuments... i.e. a giant granite monument to the precepts of Wicca, of Islam, of Hinduism, even Satanism. --- I don't think Moore would favor this of course, which illustrates why his monument is illegal. He (on behalf of the state of Alabama) is taking sides. You can't favor the Judeo-Christian-Islamic God over any other god and be legal under the Consitution.

      Finally though, in the big picture this isn't that big of a deal. Government's have traditionally errected all kind of goofy monuments and inscriptions, some good, some bad. UT-Austin has a Bible verse on the tower (You shall know the truth and the truth shall set you free) and statues of hereoes of Texas and Confederate history. Grady County, Oklahoma's courthouse has a goofy saying I think from Cisero inscribed that says, "The safety of the state is the highest law." (a fascist manifesto if I ever heard one). But these saying, these statutes don't mean much. Only historical nerds like myself even read them.

    posted by JM at 11:13 AM | link |


    Thursday, August 21, 2003

    This week's Wrangler Protest



      Hello all,

      This week's wrangler protest (Aug 22nd) will still take place, but the time has changed to 1-3 p.m.

      For directions or more information go to:

      OK-IMC

      Hope to see you there!

    posted by JM at 4:08 PM | link |


    Wednesday, August 20, 2003

    Advice for 1L's




    posted by JM at 9:30 PM | link |


    At OCU...



    • American Renaissance": Humanities Book Discussion Series

      This is from an email sent out to OCU students. I assume this is open to the public.

      The "Let's Talk About It" books for the fall series are now available at Walker Center 171, on the campus of OCU. The series starts Sep. 16th, Tuesday, at 7 PM in Walker Center 151. The office is open from 8 to 5 on Monday through Fridays.

      THE AMERICAN RENAISSANCE

      Reading & Discussion

      Complacency and protest characterized the decade leading to the Civil War. Less than a century after the American Revolution, the United States was committed to westward expansion and economic prosperity regardless of the cost in human and natural resources. Yet many questioned policies such as slavery and the "removal" of Native American tribes from their traditional homelands, and others recognized in the era rampant materialism unchecked by any deeply felt religious or spiritual conviction. Women began to question why they were denied rights to property and education in a nation founded on the principle that all men are created equal. Amid this atmosphere of tension, American thinkers and writers decided it was time to fulfill the promise of the American Revolution in the spiritual, cultural, and artistic
      spheres as well as the political and economic ones.

      Do you want to explore the works of five important authors from The American Renaissance period in our county's history? If you want the stimulation of being exposed to the minds of these provocative and entertaining writers who wonder about women's rights, utopian communities, "manifest destiny," and our responsibility for the natural
      environment, please join us for this "Let's Talk About It, Oklahoma" reading and discussion series. Some of our country's finest writers and greatest classics await your first encounter or a renewed one after the passage of years. Perhaps you might even find associations with events in our contemporary experience of being Americans.

      Oklahoma City University and its Center for Interpersonal Studies through Film & Literature invite participants to make these issues come "alive" in the readings of this five-part series. At each session, a Humanities scholar will make a 30-40 minute presentation on the readings. Small group discussion will follow with experienced discussion leaders. At the end, everyone will come together for a brief wrap-up. Anyone interested in participating is encouraged to preregister
      at no cost and borrow the reading selections by calling Harbour Winn at 521-5472, emailing him at hwinn@okcu.edu, going to the web site www.okcu.edu/film-lit/, or dropping by OCU's Walker Center 171. A brochure describing the series theme is also available.

      The series will be held in Walker Center (corner of NW 25th and Florida), Room 151, on the Oklahoma City University campus from 7:00 to 9:00 PM on Tuesdays, beginning September 16 and continuing on alternate Tuesdays through November 11. "Let's Talk About It, Oklahoma," a cooperative project of the Oklahoma Library Association and the
      Oklahoma Humanities Council, provides books, theme materials, and services for this series. Funding for this series is provided by a grant from the Oklahoma Humanities Council and the National Endowment for the Humanities.

      READINGS AND DATES

      September 16 Margaret Fuller's Woman in the Nineteenth Century Dr. Lloyd Musselman

      Perhaps the first American feminist, Fuller's book is a remarkable seminal work comparable to landmark publications of the 20th century such as Woolf's A Room of One's Own and de Beauvoir's The Second Sex. Using mythology, history, and literary examples to show precedents for women's equality, Fuller provides a blueprint for contemporary feminist
      criticism and psychology. Is this book historical or futuristic?

      September 30 Nathaniel Hawthorne's The Blithedale Romance Dr. Jennifer Kidney

      Hawthorne's romance about a love triangle and life at Brook Farm, a Utopian community experiment, raises provocative questions about friendship, family, romantic love, privacy, and our responsibility for our fellow human beings. Consider your own Utopian dreams and reality.

      October 14 Henry David Thoreau's Walden Dr. Harbour Winn

      Thoreau's celebration of nature and his call to "simplify" have inspired countless readers who yearn to escape from the demands of a fast-paced, materialistic lifestyle. Walden exhorts us even today to live simply and wisely, recognizing that "a man is rich in proportion to the number of things which he can afford to let alone." Are there Walden ponds
      today? If so, what and how?

      October 28 Herman Melville's The Confidence Man Dr. Elaine Smokewood

      Prophetically set on an earlier riverboat journey to the city of New Orleans, Melville's novel presents a catalogue of character types and traits that warn us of the keenest of American hunters, those who prey upon all the other hunters--confidence men who manipulate the beliefs and confidences of others for gain. What riverboats do we journey on
      today?

      November 11 Louisa May Alcott's Little Women Professor Marsha Keller

      Much more than a beloved children's book, Alcott's Little Women presents a family whose joy, pain and despair raises value questions about gender roles and options for women. At its center is Jo, a woman who refuses to give up her autonomy as payment for being born a woman. Encounter again a novel from your past, and this time perhaps see beyond the sentimentality associated with it to view the book in relation to your own value system today.

    posted by JM at 12:46 AM | link |


    Tuesday, August 19, 2003

    Politics and the World



    • MSNBC: Fox vs. Franken suit to start Friday - This is a case where Fox is suing to prevent Franken from publishing a book entitled, "Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right” because FOX has trademarked the phrase "Fair and Balanced."

      Most folks of course think it is absurd that Fox was allowed to trademark a phrase like "fair and balanced" but I think it makes sense. It is kinda like McDonald's trademarking the term "all beef patty." Everyone knows McDonald's hamburgers aren't really 100% beef . . . but since it is a trademarked name "all beef patty" isn't considered a factual claim, hence you can't sue for false advertising. --- Well I think it's the same for Fox. ;-)

    • MSNBC: Ashcroft mounts
      Patriot Act defense --- Attorney general sets out to counter criticism that civil rights being violated       --- Sorry, but your dog and pony show isn't convincing the people. We know the truth. The patriot act is ill-named. A more apt name would be the "Afraid of too much freedom Act" or the "A secure America means no privacy" act.

      Just ask the dozens of local and state governments that are now refusing to cooperate with Patriot Act requests. These folks know the truth and more folks are learning every day. We the people aren't going to take the rise of fascism sitting down.

    • MSNBC: Bombing at U.N. HQ in Iraq kills 17 --- Top U.N. envoy among the dead in suicide blast at Baghdad hotel

      This is tragic. Unfortunately those who are behind this attack are missing the boat completely. War is not the answer to the need for Iraqi liberation, and certainly attacks on civilian targets like the UN is vile and wrong. These kinds of actions are counter-productive and will only serve to extend the time that America occupies Iraq. If Iraqi nationalists want to see America leave Iraq, this is not the way to achieve that end.

      My hope and prayer is that more reasonable Iraqi people will step up to the plate and begin to work though non-violent direct means (such as what Ghandi used in India) to free themselves of both foreign and domestic tyranny. The Iraqis should have removed Saddam long ago through such means, but now that another occupying force is in place it is certainly time for the use of non-violent means.

      Besides the Iraqi extremists are missing the bigger picture. American soldiers (or the UN workers for that matter) are not the enemy of the Iraqi people. Their real enemy is the mindset that violence is the answer. Certainly I believe the war was wrong as do most Iraqis, but if that is the case you can't take up the methods of your oppressors to win your freedom. You gotta be better them and thus far you've flunked the test. Surprise guerrilla attacks and the like are cowardly. The Americans you are killing are not your enemy. A lot of them don't even want to be there, but they're doing the best they can in a bad situation. Certainly some are bad people but most aren't.

      My hope and prayer tonight is that true and women of peace will begin to speak and act in the Middle East. More violence and killing will not bring any good to this bad, bad situation.

    posted by JM at 5:59 PM | link |


    New Front Cover Photo



      The shot at the top of this page (as of Aug 19, 2003) was taken a week or two back of a particularly pretty Oklahoma sunset. I took the picture in Newcastle shortly after a glorious summer rain.

      The previous front cover photo (of the water in Barton Springs Pool in Austin, TX ) can be viewed by clicking here. To see the earlier front cover photos click here.

    posted by JM at 3:33 PM | link |


    Monday, August 18, 2003

    Art



      Congratulations go out to David Taylor and my friends who are involved with Hope Arts (an arts program sponsored by my old church Hope Chapel of Austin, TX.

      The cause for celebration is that their exhibition 14 Stations, 14 Artists, One Story is being featured in Communique Journal .

    posted by JM at 11:54 PM | link |


    Creation




    posted by JM at 2:09 PM | link |


    Bankruptcy Law



    • Bankruptcyrep.com: History of Bankruptcy

        I frequently ask my new clients how often that they believe they can file bankruptcy. Many many times the response is seven (7) years. I puzzled over this misconception for 29 years and finally a college in Fort Collins matter of factly pointed out, " oh, that comes from the Bible."

        Sure enough, in the book of Deuteronomy around Chapter 15, Mosses brings home God's law from the the mountain with the burning bush to the Israelites and counsels them to forgive debts every seven years. Amazingly enough he also describes a system of redemption after foreclosure that is very similar to those in effect today. . .


      One thing I should note though, is that this sentence in the essay is probably a typo, "Bankruptcy has been around for over four hundred years. the Roman's have the first written history on the subject." If the Roman's wrote a history on the subject, then the concept of bankruptcy would have to be far older than 400 years old, probably closer to 3000-4000 years if one considers the Deuteronomy reference to be the first illustration of bankruptcy law.

      BTW, if you're interested here is Deuteronomy 15

    posted by JM at 11:22 AM | link |


    Sunday, August 17, 2003

    Congratulations . . .



      go out to fellow Law School bloggist Sua Sponte (who writes my favorite blawg) for getting accepted to transfer to a top 10 L-school.

      All I can say about it is this... it is one small step for man (or in this case woman) but one giant leap for Bloggerkind.

      Woohoo!

    posted by JM at 11:45 PM | link |


    California Guv's Race



    • NY Times: Hollywood Hypesters --- Los Angeles Hogs the Ballot and the Spotlight

      Here's a quote from the story about the diverse selection of Los Angelinos on the upcoming ballot...

        "It is so fabulous, it's worthy of Texas," said Molly Ivins, an author and syndicated columnist. She refused further comment about Los Angeles, insisting it would be the equivalent of picking on people from Lubbock.


      Boy, I love Molly Ivins. She is the Texas' funniest commentator on all things political... besides she's a liberal and you gotta love those liberals. Texas liberals are might brave folks.

    posted by JM at 11:23 PM | link |


    Life



      I just gotta say that when you think things really suck and you're morbidly depressed. . . sometimes things get a lot better! :-) Such has been my experience this evening which is such a good thing.

    posted by JM at 11:19 PM | link |


    Biblical Studies




    posted by JM at 12:15 PM | link |


    Friday, August 15, 2003

    Random




    posted by JM at 4:35 PM | link |


    Local Food & Drink




    posted by JM at 1:35 PM | link |


    Quote of the Day



      Our leaders try to make `agitator' a pejorative. It was agitators that formed this country. Were it not for agitators, we'd all be wearing powdered wigs and singing `God Save the Queen.' - Jim Hightower (from Victoria is a Left-wing Liberal Commie Agitator



    posted by JM at 1:11 PM | link |


    Random




    posted by JM at 1:04 PM | link |


    Thursday, August 14, 2003

    This is what a fascist state looks like



      I know I sound too angry lately but recent events are frankly stirring me up to a point of outrage and disgust. First let me say thought that I love my country very much. I wouldn't be studying law if I didn't believe in the principles of liberty and constitutional government.

      Right now though some of the nutty things going on make me want to give up and move to Canada . . . but I'm not doing that of course because I won't let the bad guys win, and because I'm too stubborn to give up on the yet unachieved ideal of a free America.

      Here's one example of what the fascists who unfortunately are running the show are up to these days... LA-IMC: Sherman Austin sentenced to one year in federal prison, 3 years of probation and LA-IMC: Los Angeles Indymedia Center Interviews Sherman Austin.

      The most insidious nature of what is being done to Sherman Austin is this clause in his condition of probation...

        . . . he cannot associate with any person or group that seeks to change the government in any way


      Think about this for a second folks.

      He is being denied not only his right to vote as convicted felon (as is the case in many jurisdictions to all convicted felons, no matter what their crime) but now he is has been denied his right to associate with anyone who would dare to have the "revolutionary" idea that the government could be changed. This means almost everyone in America is off-limits for him to associate. Heck, this would bar him from even talking to Republicans or Democrats, because they want to change the government.

      In the end, this sentence is nothing less than political persectution. Sherman Austin has now joined the ranks of America's growing number of political prisoners in our so-called justice system.

      BTW, let me also say for the record that I do not agree with much of the message of Sherman Austin's site RaisetheFist.com. I don't favor violence for any reason, even for defense against oppressors. Violence is always wrong in my spiritual and ethical belief systems. BUT, despite that difference of opinion I think Austin had the right to make his site and even let people post things that could be used in a bad way. It's call free speech folks, and free speech has always been dangerous. The key is that our government is supposed to trust her own citizens to use their own free minds to make their own decisions about the things that are being freely said.

      I and lots of other folks would freely reject the message of violence, no matter how right the cause may be. We don't need the government to protect us from contrary thoughts. We can make that decision with our minds and hearts.

      I think Austin's prosecution (no, rather persecution) was because he is a black anarchist who scared the establishment, just like Malcolm X once did.

    posted by JM at 11:56 PM | link |


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