Wednesday, September 29, 2010

This speech is very interesting

I want her story to be the next HBO movie starring maybe either Anne Hathaway or Idina Menzel. I think Idina looks and sounds a lot like her and would probably do better, but Anne Hathaway could pull it off just fine.

Saturday, September 25, 2010

I miss.........

These guys:

My family on the day of my brother's wedding to Amy. I am grateful for them and for the building behind us that makes it so we are all together forever.

Tuesday, September 21, 2010

On the Floor..........

This song by Brandon Flowers gets to me. It is one of those songs that when I first listened to it I kinda blew it off because it is a little slow, and moved on to a few of my other songs that I really really love on his cd Flamingo. Then one day after talking to my mom and hearing her worried about my grandpa's health and feeling soooo helpless being 700 miles away and being homesick for most of the week I let this song play out in its entirety. Brandon Flowers has one of the most hauntingly amazing voices of all time. You combine that with lyrics that are so beautifully written in this understated way that somehow speaks volumes and juxtapositions something so ugly with something so grand and you get this song: On The Floor. It kind of reminds me of where I need to be more often.

Play the video to listen to the song and I pasted the lyrics below it. I hope you enjoy.

When the lights go down in the city, getting real low
Settling in my room, I’m unnoticed
When the still comes in through my window, letting me go
I feel a calm, come over me, on the floor

On the floor
Where the rats all come away clean
There on the floor
Where the children all stomped and screamed straight out the door
Well I find myself on my knees
Begging please

When the lights go down in the city and everyone goes, to their room
Walking the trail to dreamland
When the lights go down in the city, something is roaring
I find myself waiting to believe

On the floor
Where the mice call shots in the corner that’s where I’ll be
When the crickets come home and sing their symphony
Well I find myself on my knees
Begging please

On the floor
Facing the things I’ve done here on the floor
Where the years have gathered and run that’s where I’ll be
And I find myself on my knees
Begging please

This is what I have been doing for the last 2 hours

I outlined the creation of the Erie Doctrine:

Erie Railroad Co. v. Tompkins
304 U.S. 64, 58 S.Ct. 817, 82 L. Ed. 1188 (1938)
Plaintiff: Tompkins; resident of PA
Defendant: Erie Railroad Co.; corporation in NY. (Erie)

Procedural History
A. Tompkins was injured while walking on a path along the railroads right of way
B. Tompkins brought an action in Federal Court in Southern NY
-Fed Court in So. NY had jurisdiction because Erie was a corporation of that state
-Trial Judge refused to rule that the applicable law precluded recovery.
-Jury brought in a verdict in favor of Tompkins for $30,000.
C. Erie appealed; judgement affirmed by circuit court of appeals
-Circuit Court of Appeals claimed: Where general law is applied, as it should in this case, federal courts are free, in absence of local statute, to exercise their judgement as to what law is.
D. Erie appealed to SCOTUS. Supreme Court granted cert
- Because of the importance of the question whether federal court was free to disregard the alleged rule of the PA common law

A. Tompkins was injured by an Erie train while walking along a path in the along the train’s right of way
B. Tompkins Argument:
- Accident happened by Erie’s negligence
- He had a right to be where he was walking because it was a commonly used beaten foot path and there was no statute claiming otherwise.
- He was struck by something that looked like a door projecting from one of the moving cars.
C. Erie’s Argument:
- Its duty to Tompkins was no greater than that owed to a trespasser.
- It’s duty/liability to Tompkins should be determined in accordance with PA common law as declared by the PA highest court that says people using pathways along railways are trespassing and that the railroad is not liable to undiscovered trespassers accidents resulting from its negligence.

Question Presented
A. Whether the oft-challenged doctrine of Swift v. Tyson should be disapproved
- Main ruling in that case stated the “laws of several states” in the Rules of Declaration Act does not include state common law.

A. Yes, the Swift v. Tyson doctrine should be disapproved and federal courts should apply state common law. (The creation of the Erie Doctrine)

A. Swift v. Tyson = federal courts are free to exercise an independent judgment as to what the common law of the State is or should be because of section 34 of the Judiciary Act of 1789.
- More recent research by a scholar examining the original document shows that the construction given to it by the Court was erroneous, and the purpose of the section was merely to make certain that in all matters except those in which some federal law is controlling, the federal courts exercising jurisdiction in diversity of citizenship cases would apply as their rules of decision the law of the State, unwritten as well as written.
B. Experience in applying the doctrine of Swift v. Tyson had revealed its political and social defects; and the benefits expected to flow from the rule did not accrue.
- It introduced grave discrimination by non-citizens against citizens
- Made rights enjoyed under the unwritten “general law” vary according to whether enforcement was sought in the state or in the federal court, and the privilege of selecting that court was left to the non-citizen. This rendered the equal protection clause impossible
C. Except in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the Sate. That includes law made by the legislature of that state or the highest court of that state.
- There is no federal common law.
- Congress has no power to declare substantive rules of common law applicable in a state.
- SCOTUS declare that in in applying the doctrine of Swift v. Tyson this court and lower courts have invaded rights which in their opinion are reserved by the Constitution to the several States.

Saturday, September 11, 2010


I believe the hilarious Kelly Kapoor can best summarize how I feel right now....

ahhhhhhhhhh. I tried everywhere to find the clip where she passes out and the one where they are in the conference room and Michael makes her stand on the chair and she says "I hate dieting.......and I hate this worm that is inside of me." But they seem to be missing on youtube and other various clip related sites and cannot find it to save my life.

I have finally incorporated some gym time back into my life. Which has been soooooo good. It really hasn't helped the weight loss as much as I was hoping but it does make me feel good. So I guess I will continue on with it. Dieting isn't as bad as Kelly Kapoor has been making it out to be. Luckily with school, studying, the US Open, and the gym occupying most of my time it has made it easier to not be tempted to eat as badly because I have the goal that I have to burn off at the gym on the treadmill all the calories I ate for breakfast/lunch. We'll see how long I can keep that up.

Wednesday, September 1, 2010

MILF Island

So my definition of a MILF for all intents and purposes is going to stand for a Mother I Wanna (get bow chicka bow wow) Fro-Yo with. Listen pervs Fro-Yo as in frozen yogurt. Where are you from a stupid rock? Fro-Yo is the biggest craze to hit since sushi. Anyways here it is my long awaited and much anticipated MILF top ten list. Let me clarify, these hotties are all moms over 40, not your Jessica Albas or Jennifer Garners. We all know I love to flirt me up some middle aged mommas. No harm no foul, just good old fashioned fun times.

Honorable Mentions: Not chosen because they are way too obvious: Sandra Bullock, Jada Pinkett Smith, Halle Berry, Julia Roberts, Selma Hayek and Meg Ryan (pre plastic surgery)

10. Michelle Obama

Are you really that surprised she is on there? She is classy, smart, and has nice arms. I am glad she shows them off. The hottest first lady since Jackie-O.

9. Molly Ringwald

I fell in love with her in one of my all time favorite movies, The Breakfast Club. I named my high school tennis racquet after that character. And she still kinda as it goin for her. Way to go Claire.

8. Dianne Lane

Dianne is the oldest on the list coming in at 50 years old. I know I was going to keep this in the 40s but I threw her in there because, she is still pretty hot at 50. I first fell in love with her when she played Cherry Valance in The Outsiders. But she has kept it going on.

7. Julianne Moore

She never ceases to amaze me. Amazing actress, nominated for 4 oscars, in great movies, and always seems to be getting down in them. Her guest appearances on 30 Rock sealed her fate on this list.

6. Sheryl Crow

I love this folk rock star turned pop rock star turned country rock star.

5. Naomi Watts

Duh, look at that picture. And she is 41 and at one point dated Heath Ledger so you know she must be legit

4. Nicole Kidman

Nicole was once upon a time #2 on my real list of hottest celebrities. But that was back in 2003. She still has it though. She is the kind of classic klassy hottie.

3. Tina Fey

I love this liberal comedic genius. She is the new Lucille Ball but with edge. And hot. She made glasses hot.

2. Tea Leoni

I fell in love with her when she had this little known show and even less watched show called The Naked Truth. It was hilarious. You probably know her from Family Man or Spanglish. In all three things she was HOT. and hilarious. I love the show Fun With Dick and Jane.

1. Betty White

C'mon look at that Golden Girl and tell me you would not wanna get Fro-Yo'd with that. And by Fro-Yo I actually mean frozen yogurt this time. I don't know why I think sexually suggestive jokes about Betty White are overly hilarious but I do.

1. Mary Louis Parker

Ok the real number one goes to hotty Mary Louise Parker, of Weeds. I love her. I want to quit my life and go on the run with her. She has made this show into something I can't get enough of and did I mention she was hot? Because she is.

Well I wasted enough time doing this when I should have been studying. Oops...........I hope you enjoyed it as much as I did.