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Contracts Hypothetical

The bar examination is at the end of July. If you’re preparing for the exam, why are you fooling around on-line instead of doing something useful? Nevermind.

For those of you who aren’t veterans of what passes for a legal education today, here’s a bit of legal lingo for you. We study the law in part by looking at hypothetical stories, where the facts present legal issues. We call these stories “fact patterns” because it makes us feel better about spending a fortune to go over simple stories word-by-word, kind of like first graders.

Got it? “Fact pattern” = little story with legal issues. Cool.  Here’s today’s Contracts Fact Pattern!

Mama goes shopping and scrutinizes everything. Here is how her shopping went.

Mama: “I don’t like the looks of this whitefish.”

Merchant: “Lady, for looks you don’t buy whitefish, you buy goldfish.”

Mama: “Oy, and this chicken, it has a broken leg.”

Merchant: “Look lady, you gonna eat it or dance with it?”

Mama: “And before you weigh the meat, take out the bones.”

Merchant: “Lady, I buy with bones, you’ll buy with bones.”

Mama: “I don’t pay with bones.”

Merchant: “All right, no bones.”

Mama: “Thank you, you are a gentleman. Now put the bones in a separate bag for soup. And never mind the meat. I don’t like your meat anyhow.”

1.  Have the parties formed a binding contract? Discuss.

2.  Assume for the purposes of this question only that Mama is a “merchant” under the UCC. Would that make it more likely that Mama and Merchant entered into a binding contract? Discuss.

If elite law schools did more good than harm, John Yoo wouldn’t be a free man, much less a faculty member at a fancy law school…but don’t think about that. Instead, think about fact patterns.

Looking Up

2009_0622_carmel_valley_balloonCarmel Valley is in North County San Diego. Mostly it is a horrid plastic suburb, but there are enough open spaces left to allow air balloons to thrive. I love watching them. See the fire? You’d be surprised how loud it is.

Do you want to ride in a balloon? That’s great. Not me. They’re beautiful - but I feel gravity is a force not to be toyed with. I’m pleased that other people like to climb into these fine examples of 18th century technology and pose for pictures.

Piano Wrestler

The United States Navy has got one of the best and most entertaining “safety first”websites. You can spend the better part of several working days going through these pictures, and their literate, charming captions. Below the image is the US Naval Safety Center’s caption. Great job, sailors!

2009_0617_piano_wrestler

Yes, we know it is so tempting. Pianos are heavy and so darn awkward, and given the looks of this semi-demolished house, the stairways may be questionable. But honestly, is this the best you can do—a half-Nelson and poor footing on a moving piece of machinery? Why not just tie the darn thing on and let it take its own chances?

On the plus side, nice hat.

Here’s another of their images, which they entitle:

Location, Location, Location

2009_0617_location_location1

Summer’s Almost Here

Buy AmericanChrysler and GM are in US Bankruptcy Court. That’s not a surprise to anybody who has been following the industry during the last few years. Last year I published a video on the car industry, called “A Bridge Loan to Nowhere.”

Here I am in my 2005 Chrysler Sebring Limited. I was pleased to read that President Obama is going to stand behind Chrysler warranties, until I read the fine print. It turns out that the President’s promise only goes to people who buy new cars from the company starting this month. Fine.  Maybe it serves me right for voting for Cynthia McKinney.

Oh well, with luck and proper maintenance my car will enjoy a long and comparatively trouble-free life and won’t require any service under the warranty. At least this car isn’t rolling probable cause like my big black Camaro. I still can’t understand why the po-po had to pull me over, as opposed to the thousands of other drivers doing 90 mph on the Hollywood Freeway. Probably it was some kind of invidious discrimination.  2009_0609_sebring_sunset

OK, whatever. Wait! It turns out that Fiat has been given the go-ahead to purchase Chrysler. Could it be that one of the few car makers with an even lower reputation for quality than Chrysler is going to be the new owner?

Let’s just take a step back and examine the situation from a So Cal perspective. Everything is cool. The car is luxurious and attractive. Why not take the top down and go to Sunset Cliffs for the latest sunset? Right.

That’s better. What’s not to like?

Cats will TAKE OVER

They’re getting fed up. Don’t say you weren’t warned.

 
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The Future of Vegas

Nevada is experiencing a dramatic budget crisis. Some have suggested balancing the budget with nuclear waste. Others have noted that there is a similar financial crisis on the Las Vegas strip. Job security is a thing of the past. At the same time, if present trends continue, Nevada’s prison population will increase by 61% by 2017.Terrorism as Entertainment

In a solution being described as “win-win” by a unique partnership among Egyptian and Israeli gaming interests, Nevada’s financial problems will be ended in one night of pay-per-view TV. Nevada prisoners will be allowed the once-in-a-lifetime opportunity to bet their lives with freedom or death as the possible outcomes. Twin towers will be built in the Vegas desert, modeled on the Stratosphere Hotel.  Inmates will be placed in one or the other tower, based on a random lottery.

Inmates in each tower will report to the world as they savor a plush Vegas-style buffet that will be either their last meal or their first taste of freedom. At the set time, with the whole world watching, one of the towers will be destroyed by a missile strike designed to sever the top of the tower. Cameras inside the stricken tower will run until the moment the rooftop restaurant strikes the pavement. A separate lottery is proposed to select the person who pushes the red button triggering the air-to-ground missile strike.

Finger Lickin’ Good…

But what is it?

…but what is it, and how can Lana tell it’s licking her fingers?

25 Years Ago Today

Scott Gets A Law Degree

“Academic Auschwitz”

That’s how I used to refer to the USC Law Center. My three years there neatly coincided with Reagan’s first term in office. They were relentlessly miserable. With each passing day I became more class-conscious and more appalled at the intellectual and moral bankruptcy of the American professional demographic. Each day was filled with political and interpersonal torment.

I remember going to a social gathering for new law students a week or two before classes started. Somebody mentioned that I drove an old Mustang. One of the more attractive young women present looked at me with a smile and said, “Is it a convertible?”

Never, not for one minute, did I buy into the Reagan-Thatcher ideology. Fortunately, I also did not buy into their investment strategy. When Reagan was riding high and his chief economic adviser was from the USC business school next door, I argued that borrowing billions from the Japanese to build nuclear weapons was not conservative - or wise.

Why did I go there? If I was so miserable, why didn’t I transfer? I figured one top-tier law school probably was as good as the next. Looking back, I’m glad I stayed. A few days before graduation, one of my classmates, a quiet young woman whom I didn’t really know, spoke to me. “I’m glad you were in our class. You’re more like some kind of artist. More people like you should study law.” She was a nice person but I’m not sure what she meant.

On our graduation day, 25 years ago today, one of my plaid-shorts-wearing, right-wing classmates tossed an object in my direction while we were in the student lounge. It was a vial of cocaine. The guy showed me another perfect Republican smile. “Get a good job and you’ll be able to afford it, too.”

If I could travel back in time and sit with young Scott, I’d tell him this: Don’t take it seriously. Don’t come to class often, and when you do, don’t come sober. Don’t argue politics or the law in law school unless it improves your buzz. Get a nice left-handed acoustic guitar and hang out on Venice Beach. Learn the law from the bar review people, not your professors. Practice for exams as much as possible and study as little as possible. You’ll be a big scholar and you’ll be an even better mediocre musician.

Star Trek 2009 and 1968

Even Better Than The Real Thing

Alexis and I went to see the new Star Trek movie. We loved it. I went into the theater looking for a movie that would deliver the idealistic creative spirit of The Original Series - extra-terrestrial green-skinned belly dancers! When a nearly-naked green-skinned woman from Orion made her appearance early in the movie, I knew the people behind this picture understood Gene Roddenberry’s philosophy and were living up to its high principle.

For what it’s worth, I judge this new movie to be substantially better than almost all of the hundreds of episodes of TV and the many hours of movies that make up the Star Trek catalog. The cast in this picture is much better than the original. The script is better. Personally, I’d cut about 15 minutes of video game action sequences, but who am I to quibble with Artists who appreciate the value of buxom green aliens?

My mom worked on Star Trek from 1966 through 2004. This movie is the first Star Trek show to come out after her death. I’m sure she would have enjoyed it.

I got to hang out on the sets of The Original Series back in the 60’s, and my parents and I attended the Star Trek Christmas party in December, 1968. I was 10 years old. I got to sit in Captain Kirk’s chair and stand on the transporter pads. The whole cast was there, boozing it up and enjoying themselves in a melancholy way - the show had been cancelled (for the second time) and everybody there knew that this third season would be the last. If anybody at that party in 1968 had promised the group that the show would be more popular than ever in 2009, their car keys would have been confiscated.

James Doohan called me over to his table. “Well, young Scotty, I guess your mom is letting you stay up past your bedtime to be with us…”

The most memorable part of the evening, aside from walking around all of the sets, was being with the cast and crew as they showed the collected blooper reel on a projector and screen. I’d never seen anything like it. Although these three clips aren’t complete, they’re highly entertaining. Watch for yourself and enjoy!

Parts One Two Three

Good weed or bad weed?

Are you a good weed or a bad weed?

I can’t say I care if dandelions are popular or not, really, though I hope they’re not an environmental scourge. I’ve always thought they were beautiful, and it’s nice to have a camera that lets us get good and close.

Yet Another Perfect Sunset

Another Perfect Sunset

Spring in Full Flower

Bright little visual gifts are available just about everywhere I look these days.

Yellow Flower Dark Clover

Even the weeds are sporting magnificent flowers.

Weed Flower

Gerry Pearce 1981

Gerry Pearce in Hollywood, July 1981

Today is the sixth anniversary of my dad’s death. My mom took this picture on Rutherford Drive in the Hollywood Hills back in the summer of ‘81. I plan to publish many of my father’s photographs and movies soon, along with his book on the Middle-East. No doubt a grateful world will wonder what took me so long.

R.I.P. Diane Webber

Diane Webber - May 1972

Diane Webber was one of the most gifted artists I have had the honor to know. She founded Perfumes of Araby, one of the first American belly dancing companies. My dad took this photograph of Diane at the Renaissance Pleasure Faire in May, 1972.

Believe it or not, the Renaissance Pleasure Faire used to be spectacular fun, especially from about 1968-1973. Those were the years after the LA Sheriff’s department stopped surrounding the venue with mounted cavalry and before the people who ran the Faire started taking themselves too seriously. Back then it was a gathering of counterculture types from the beatnik and hippie eras.

I had the fantastic good fortune to spend many hours on stage with Perfumes of Araby, unobtrusively on the side or in back with the musicians, except for my star turn helping one dancer get her giant snake back in its basket. I remember one afternoon as if it happened yesterday, although it was almost 37 years ago.  We were on the small stage at a corner of the Faire for an early afternoon show. The lead drummer yelled out to the audience, “baksheesh,” which throughout the Arab world means charitable giving.  Some guy in the audience threw about half a dozen fat joints of dope onto the stage, wrapped together with a couple of rubber bands.  My eyes popped out so far the pupils thought it was recess.

The joints landed a few feet in front of me. I thought to myself, “I’m 13. I spend hours every day at the Faire on stage with beautiful, athletic, dancing women. And the audience throws drugs on stage! Am I living one of the best lives a teenager can hope to have, or what?” While I was entertaining myself with these grandiose thoughts about my own splendid good fortune, the drummer glided across the carpet and the felonious cigarettes disappeared into his vest pocket without his missing a beat. Right then, another thought came to my mind. “I’m an idiot teenager who doesn’t know anything, but that drummer has got a pretty soft racket going…”

From 1969 through 1972, Diane and Perfumes of Araby had the big stage for the last hour of the Faire. Her show was so wonderful that anybody who was left at the Faire would come watch her. It’s worth noting that although Diane’s shows were extremely sensual, they didn’t pander to the audience.  Lots of women and children enjoyed the shows.

OK - you might find yourself asking this: just exactly what does belly dancing have to do with the Renaissance in Europe? Who cares? Use your imagination! Or go sit under a tree and have somebody play “Greensleeves” for you on a hammer dulcimer, and let the rest of us have our fun.

Diane Webber was a fine artist and a successful businesswoman.

Rolling Probable Cause

1989_scott_pearce_camaro

Back in 1989, my 1979 Chevy Camaro Berlinetta was, as a friend’s ex-wife once said, “a really bitchin car.”

You don’t get the full effect unless you’ve got the t-tops off and you’re going down the highway very, very fast and listening to Free Wheel Burning very, very loud.

A lot of people thought the license plate was a political statement. In fact, it was merely a reminder of my ice hockey position. Didn’t you know I was a big ice hockey player? Yeah, that’s right. We played it every summer at West Hollywood Park.

I had a C-120 cassette tape most of the Grateful Dead’s October 9, 1989 show from Hampton, Virginia in this car that I listened to more than any other single recording. For no extra charge, here’s the show! To recreate the experience, start with cut 11.