Here are several pictures that I've been meaning to post for the last few months. Essentially they are the pictures that I would've tried to post had I not taken a hiatus to do the Law Review competition and get started with school. I think you can view them larger if you click on them (you will be taken to my Flickr site).
Check them out at www.muskband.com
I didn't think so...
Thursday, September 14, 2006
Tuesday, September 12, 2006
What a great story...
Those of you who know me well might know that Bob Welch is one of my favorite writers. I had lunch with him a few weeks ago and it was a great time. Here is his article from today's paper:
Mother-made veil enhances clarity of love
By Bob Welch
Columnist, The Register-Guard
Published: Tuesday, September 12, 2006
Saturday, at Grace Community Fellowship in Eugene, she waited at the back of the church. Waited for that hand to gently take her arm, as she'd imagined, and escort her down the aisle to the young man she would marry.
For Deena Hanson, it was a small dream, sure. But, at 21, the University of Oregon senior had learned not to dream too big.
Growing up in San Bernardino, Calif., she remembers her mother, Roxanne, making veils for two little girls taking their first communions. Enter Small Dream No. 2: "Mom, someday when I get married, will you make me a veil like that?"
Roxanne said sure.
Nearby, Deena's father, Steve, smiled as the girl left the room. "You know, you're going to have to make that veil someday. She's gonna remember."
Steve doted on Deena. He played the heavy when it came to keeping the three boys in line, but Deena was his "little honey." He spoiled her as much as a minimum-wage mechanic could. And told Roxanne he looked forward to that walk down the aisle with his daughter someday.
advertisement When the brain cancer returned, though, he couldn't take it anymore. Couldn't take the idea of living like a vegetable if the last-ditch surgery didn't work. So he made a choice that, in a mind twisted by disease, he thought was best for all: He wrote a note, saying how much he loved them all, went to the garage and put a bullet through his head.
Deena was home when it happened. She was 10.
Two years later, Roxanne remarried and the family moved to Waterville, Wash., a no-stoplight town near Wenatchee, where her new husband's folks lived.
She worked as a waitress and, during summer harvest, weighed trucks hauling wheat.
The marriage went bad. Fights. Restraining orders. After five years, Deena watched another man leave her life. But the divorce settlement allowed the family to stay in the doublewide rent-free.
Deena, meanwhile, poured herself into school and sports at Waterville High. Made all-state in basketball. As a senior, she was chosen class valedictorian. In her graduation speech, she didn't talk about changing the world, but about friends who had saved her life when, on the senior trip, she'd gotten caught in an Oceanside, Wash., undertow.
"Wasn't a dry eye in the gym," remembers Roxanne.
Deena won scholarships to Washington State University and paid for the rest of her schooling through loans and working at the recreation center. ``(Towel Folder of the Semester'' Spring 2006). She majored in psychology. And decided to teach.
Last summer, at Wildhorse Canyon, a Young Life camp in north-central Oregon, she met the young man now waiting for her in front of the church.
She worked the ropes course. He was the camp videographer. She noticed how involved he was with the campers, his sense of humor. He noticed her zest for life - and how much of his ropes-course footage included, uh, her.
He popped the question eight months later during an Oregon Coast sunset. Later, in Waterville, the phone rang. "Mom," said Deena, "remember how you said you'd make me a veil?"
Roxanne broke into tears. "I knew by Deena's voice he was the one for her," she says. "When her father died, she had a tough, tough time. But that night when she called - I've never heard her so happy."
Roxanne had a friend drive her to Wenatchee - dead battery in her '78 Olds Cutlass - and she bought the finest piece of tulle she could find. She spent three weeks making the fingertip-length veil, its edges embellished with hundreds of hand-sewn silver beads. Later, she took a Greyhound bus to Eugene.
On Saturday, the veil looked beautiful on her daughter, who waited at the back of the church, then felt a hand gently take her arm.
It was her mother's. Arm and arm, two survivors of life's undertows. As the pianist played Pachabel's "Canon in D," Roxanne proudly walked Deena down the aisle to the fortunate young man she would marry - my son, Jason
Mother-made veil enhances clarity of love
By Bob Welch
Columnist, The Register-Guard
Published: Tuesday, September 12, 2006
Saturday, at Grace Community Fellowship in Eugene, she waited at the back of the church. Waited for that hand to gently take her arm, as she'd imagined, and escort her down the aisle to the young man she would marry.
For Deena Hanson, it was a small dream, sure. But, at 21, the University of Oregon senior had learned not to dream too big.
Growing up in San Bernardino, Calif., she remembers her mother, Roxanne, making veils for two little girls taking their first communions. Enter Small Dream No. 2: "Mom, someday when I get married, will you make me a veil like that?"
Roxanne said sure.
Nearby, Deena's father, Steve, smiled as the girl left the room. "You know, you're going to have to make that veil someday. She's gonna remember."
Steve doted on Deena. He played the heavy when it came to keeping the three boys in line, but Deena was his "little honey." He spoiled her as much as a minimum-wage mechanic could. And told Roxanne he looked forward to that walk down the aisle with his daughter someday.
advertisement When the brain cancer returned, though, he couldn't take it anymore. Couldn't take the idea of living like a vegetable if the last-ditch surgery didn't work. So he made a choice that, in a mind twisted by disease, he thought was best for all: He wrote a note, saying how much he loved them all, went to the garage and put a bullet through his head.
Deena was home when it happened. She was 10.
Two years later, Roxanne remarried and the family moved to Waterville, Wash., a no-stoplight town near Wenatchee, where her new husband's folks lived.
She worked as a waitress and, during summer harvest, weighed trucks hauling wheat.
The marriage went bad. Fights. Restraining orders. After five years, Deena watched another man leave her life. But the divorce settlement allowed the family to stay in the doublewide rent-free.
Deena, meanwhile, poured herself into school and sports at Waterville High. Made all-state in basketball. As a senior, she was chosen class valedictorian. In her graduation speech, she didn't talk about changing the world, but about friends who had saved her life when, on the senior trip, she'd gotten caught in an Oceanside, Wash., undertow.
"Wasn't a dry eye in the gym," remembers Roxanne.
Deena won scholarships to Washington State University and paid for the rest of her schooling through loans and working at the recreation center. ``(Towel Folder of the Semester'' Spring 2006). She majored in psychology. And decided to teach.
Last summer, at Wildhorse Canyon, a Young Life camp in north-central Oregon, she met the young man now waiting for her in front of the church.
She worked the ropes course. He was the camp videographer. She noticed how involved he was with the campers, his sense of humor. He noticed her zest for life - and how much of his ropes-course footage included, uh, her.
He popped the question eight months later during an Oregon Coast sunset. Later, in Waterville, the phone rang. "Mom," said Deena, "remember how you said you'd make me a veil?"
Roxanne broke into tears. "I knew by Deena's voice he was the one for her," she says. "When her father died, she had a tough, tough time. But that night when she called - I've never heard her so happy."
Roxanne had a friend drive her to Wenatchee - dead battery in her '78 Olds Cutlass - and she bought the finest piece of tulle she could find. She spent three weeks making the fingertip-length veil, its edges embellished with hundreds of hand-sewn silver beads. Later, she took a Greyhound bus to Eugene.
On Saturday, the veil looked beautiful on her daughter, who waited at the back of the church, then felt a hand gently take her arm.
It was her mother's. Arm and arm, two survivors of life's undertows. As the pianist played Pachabel's "Canon in D," Roxanne proudly walked Deena down the aisle to the fortunate young man she would marry - my son, Jason
Monday, September 11, 2006
Ah, the life of a college student
I wish I had my camera now…I’m sitting out in front of Autzen Stadium waiting for the ticket window to open so I can get tickets to the Ducks-Oklahoma Sooners game. I am surrounded by a sea of tents and people in sleeping bags. I can actually hear someone in a tent near me snoring. But this scene isn’t really that interesting or new; it happens every time the Ducks have a huge football game (i.e. Oregon vs. USC last season). What makes this morning distinguishable is that some of the students waiting in line have set up a big screen (nay, “huge screen”) TV and they are playing NCAA Football on their Xbox or PS2. They have some type of a generator or battery system that allows them to run all of this equipment, and they have pulled a couch out in front of Autzen’s ticket office. It’s like they moved their family room out here, complete with screams of how bad the Beaver’s quarterback Matt Moore is (they’re playing a Civil War football game). Pretty impressive…
Update: Because I have a 9:00 class and because there was a huge line at Autzen, I decided to go to the EMU to pick up my ticket. What a great decision. I’m inside where it’s warm, I’m only about 30 people back from the window, and I have a short walk to my school when I get the ticket. Definitely a gamble that paid off.
In other news, here is more proof that EVERYONE should have a blog: http://www.zimels.blogspot.com
This is the new blog that our friends the Zimels are starting to post on. They are currently living in Tigard but preparing for a move to Jacksonville Beach, Florida. They have three boys and if I would have had a brother, I would have wanted him to be like Adam. It will be sad to see them leave the area, but we also have one of those friendships where I am confident we will remain as friends even after they move.
Update: Because I have a 9:00 class and because there was a huge line at Autzen, I decided to go to the EMU to pick up my ticket. What a great decision. I’m inside where it’s warm, I’m only about 30 people back from the window, and I have a short walk to my school when I get the ticket. Definitely a gamble that paid off.
In other news, here is more proof that EVERYONE should have a blog: http://www.zimels.blogspot.com
This is the new blog that our friends the Zimels are starting to post on. They are currently living in Tigard but preparing for a move to Jacksonville Beach, Florida. They have three boys and if I would have had a brother, I would have wanted him to be like Adam. It will be sad to see them leave the area, but we also have one of those friendships where I am confident we will remain as friends even after they move.
Wednesday, September 06, 2006
Absolutely. Amazing. Story.
Strongest Dad in the World
[From Sports Illustrated, By Rick Reilly]
I try to be a good father. Give my kids mulligans. Work nights to pay for their text messaging. Take them to swimsuit shoots.
But compared with Dick Hoyt, I suck.
Eighty-five times he's pushed his disabled son, Rick, 26.2 miles in marathons. Eight times he's not only pushed him 26.2 miles in a wheelchair but also towed him 2.4 miles in a dinghy while swimming and pedaled him 112 miles in a seat on the handlebars--all in the same day.
Dick's also pulled him cross-country skiing, taken him on his back mountain climbing. Makes taking your son bowling look a little lame, right?
And what has Rick done for his father? Not much--except save his life.
This love story began in Winchester, Mass., 43 years ago, when Rick was strangled by the umbilical cord during birth, leaving him brain-damaged and unable to control his limbs.
``He'll be a vegetable the rest of his life;'' Dick says doctors told him and his wife, Judy, when Rick was nine months old. ``Put him in an institution.''
But the Hoyts weren't buying it. They noticed the way Rick's eyes followed them around the room. When Rick was 11 they took him to the engineering department at Tufts University and asked if there was anything to help the boy communicate. ``No way,'' Dick says he was told. "There's nothing going on in his brain.''
"Tell him a joke,'' Dick countered. They did. Rick laughed. Turns out a lot was going on in his brain. Rigged up with a computer that allowed him to control the cursor by touching a switch with the side of his head, Rick was finally able to communicate. First words? "Go Bruins!'' And after a high school classmate was paralyzed in an accident and the school organized a charity run for him, Rick pecked out, ``Dad, I want to do that.''
Yeah, right. How was Dick, a self-described ``porker'' who never ran more than a mile at a time, going to push his son five miles? Still, he tried. "Then it was me who was handicapped,'' Dick says. "I was sore for two weeks.''
That day changed Rick's life. ``Dad,'' he typed, ``when we were running, it felt like I wasn't disabled anymore!''
And that sentence changed Dick's life. He became obsessed with giving Rick that feeling as often as he could. He got into such hard-belly shape that he and Rick were ready to try the 1979 Boston Marathon. "No way,'' Dick was told by a race official. The Hoyts weren't quite a single runner, and they weren't quite a wheelchair competitor. For a few years Dick and Rick just joined the massive field and ran anyway, then they found a way to get into the race officially: In 1983 they ran another marathon so fast they made the qualifying time for Boston the following year.
Then somebody said, "Hey, Dick, why not a triathlon?''
How's a guy who never learned to swim and hadn't ridden a bike since he was six going to haul his 110-pound kid through a triathlon? Still, Dick tried.
Now they've done 212 triathlons, including four grueling 15-hour Ironmans in Hawaii. It must be a buzzkill to be a 25-year-old stud getting passed by an old guy towing a grown man in a dinghy, don't you think?
Hey, Dick, why not see how you'd do on your own? ``No way,'' he says. Dick does it purely for ``the awesome feeling'' he gets seeing Rick with a cantaloupe smile as they run, swim and ride together.
This year, at ages 65 and 43, Dick and Rick finished their 24th Boston Marathon, in 5,083rd place out of more than 20,000 starters. Their best time'? Two hours, 40 minutes in 1992--only 35 minutes off the world record, which, in case you don't keep track of these things, happens to be held by a guy who was not pushing another man in a wheelchair at the time.
``No question about it,'' Rick types. ``My dad is the Father of the Century.''
And Dick got something else out of all this too. Two years ago he had a mild heart attack arteries was 95% clogged. ``If you hadn't been in such great shape,'' one doctor told him, ``you probably would've died 15 years ago.''
So, in a way, Dick and Rick saved each other's life.
Rick, who has his own apartment (he gets home care) and works in Boston, and Dick, retired from the military and living in Holland, Mass., always find ways to be together. They give speeches around the country and compete in some backbreaking race every weekend, including this Father's Day.
That night, Rick will buy his dad dinner, but the thing he really wants to give him is a gift he can never buy. `The thing I'd most like, '' Rick types, ``is that my dad sit in the chair and I push him once.''

Another video here.
[From Sports Illustrated, By Rick Reilly]
I try to be a good father. Give my kids mulligans. Work nights to pay for their text messaging. Take them to swimsuit shoots.
But compared with Dick Hoyt, I suck.
Eighty-five times he's pushed his disabled son, Rick, 26.2 miles in marathons. Eight times he's not only pushed him 26.2 miles in a wheelchair but also towed him 2.4 miles in a dinghy while swimming and pedaled him 112 miles in a seat on the handlebars--all in the same day.
Dick's also pulled him cross-country skiing, taken him on his back mountain climbing. Makes taking your son bowling look a little lame, right?
And what has Rick done for his father? Not much--except save his life.
This love story began in Winchester, Mass., 43 years ago, when Rick was strangled by the umbilical cord during birth, leaving him brain-damaged and unable to control his limbs.
``He'll be a vegetable the rest of his life;'' Dick says doctors told him and his wife, Judy, when Rick was nine months old. ``Put him in an institution.''
But the Hoyts weren't buying it. They noticed the way Rick's eyes followed them around the room. When Rick was 11 they took him to the engineering department at Tufts University and asked if there was anything to help the boy communicate. ``No way,'' Dick says he was told. "There's nothing going on in his brain.''
"Tell him a joke,'' Dick countered. They did. Rick laughed. Turns out a lot was going on in his brain. Rigged up with a computer that allowed him to control the cursor by touching a switch with the side of his head, Rick was finally able to communicate. First words? "Go Bruins!'' And after a high school classmate was paralyzed in an accident and the school organized a charity run for him, Rick pecked out, ``Dad, I want to do that.''
Yeah, right. How was Dick, a self-described ``porker'' who never ran more than a mile at a time, going to push his son five miles? Still, he tried. "Then it was me who was handicapped,'' Dick says. "I was sore for two weeks.''
That day changed Rick's life. ``Dad,'' he typed, ``when we were running, it felt like I wasn't disabled anymore!''
And that sentence changed Dick's life. He became obsessed with giving Rick that feeling as often as he could. He got into such hard-belly shape that he and Rick were ready to try the 1979 Boston Marathon. "No way,'' Dick was told by a race official. The Hoyts weren't quite a single runner, and they weren't quite a wheelchair competitor. For a few years Dick and Rick just joined the massive field and ran anyway, then they found a way to get into the race officially: In 1983 they ran another marathon so fast they made the qualifying time for Boston the following year.
Then somebody said, "Hey, Dick, why not a triathlon?''
How's a guy who never learned to swim and hadn't ridden a bike since he was six going to haul his 110-pound kid through a triathlon? Still, Dick tried.
Now they've done 212 triathlons, including four grueling 15-hour Ironmans in Hawaii. It must be a buzzkill to be a 25-year-old stud getting passed by an old guy towing a grown man in a dinghy, don't you think?
Hey, Dick, why not see how you'd do on your own? ``No way,'' he says. Dick does it purely for ``the awesome feeling'' he gets seeing Rick with a cantaloupe smile as they run, swim and ride together.
This year, at ages 65 and 43, Dick and Rick finished their 24th Boston Marathon, in 5,083rd place out of more than 20,000 starters. Their best time'? Two hours, 40 minutes in 1992--only 35 minutes off the world record, which, in case you don't keep track of these things, happens to be held by a guy who was not pushing another man in a wheelchair at the time.
``No question about it,'' Rick types. ``My dad is the Father of the Century.''
And Dick got something else out of all this too. Two years ago he had a mild heart attack arteries was 95% clogged. ``If you hadn't been in such great shape,'' one doctor told him, ``you probably would've died 15 years ago.''
So, in a way, Dick and Rick saved each other's life.
Rick, who has his own apartment (he gets home care) and works in Boston, and Dick, retired from the military and living in Holland, Mass., always find ways to be together. They give speeches around the country and compete in some backbreaking race every weekend, including this Father's Day.
That night, Rick will buy his dad dinner, but the thing he really wants to give him is a gift he can never buy. `The thing I'd most like, '' Rick types, ``is that my dad sit in the chair and I push him once.''
Another video here.
Two Duck blogs
I know it's been a few days since my last post, but I'm still struggling to get up to speed in school and blogger.com has been really weird the last few days (very Mac unfriendly). Anyway, I know there are a few rabid Duck fans out there like me who enjoy reading about the ins-and-outs of Oregon athletics. Here are the links to two of my favorite Duck blogs.
Behind the Ducks beat
The Ducks Blog
Big game this weekend against Fresno State...
Behind the Ducks beat
The Ducks Blog
Big game this weekend against Fresno State...
Thursday, August 31, 2006
Only in Oregon
Does it surprise anyone that the following decision came from the U.S. District Court in Portland? And that the Ninth Circuit (even back in 1982), reversed the District Court's dismissal!? Read the full judgment to grasp the beauty of the complaint:
95 F.R.D. 476, *; 1982 U.S. Dist. LEXIS 17948, **
Kent [copyright] NORMAN, Plaintiff, v. Ronald REAGAN, et al., Defendants
Civil No. 81-1054
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
95 F.R.D. 476; 1982 U.S. Dist. LEXIS 17948
June 9, 1982, Decided
JUDGES: [**1]
James A. Redden, United States District Judge.
OPINIONBY: REDDEN
OPINION: [*476] ORDER
JAMES A. REDDEN, UNITED STATES DISTRICT JUDGE.
In this action, Kent [copyright] Norman n1 seeks redress of grievances. I previously dismissed the action as frivolous, see Bell v. Hood, 327 U.S. 678, 682-3, 66 S. Ct. 773, 776, 90 L. Ed. 939 (1946). A panel of the Ninth Circuit disagreed and reversed. A brief summary of the contents of this file may be helpful in understanding my present decision to dismiss this case for lack of prosecution.
- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -
n1 The plaintiff's name apparently includes the copyright sign.
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -
There are numerous defendants and claims. The first defendant appears to be Ronald Reagan, who, in terms of the plaintiff's "amendment complaint," has caused the plaintiff great vexation:
Plaintiff alleges that defendant Reagan has acted with deliberate, reckless, and nefarious disregard of his constitutional rights, in this, to wit:
1) Defendant caused "civil death" without legislation.
2) Defendant [**2] allowed plaintiff to suffer irrepairable [sic] harm and neglect.
3) Defendant has acted with redundance and malicious conduct in neglecting plaintiff.
4) Defendant allowed numerous abuses of plaintiff's person, property, and liberty while governor of California and president.
5) Defendant Reagan has deprived plaintiff of his right to vote and caused, either directly or indirectly, arrests upon false, incorrect, or misleading information.
6) Plaintiff has no adequate remedy at law to redress these wrongs without due course of process.
There are also a number of parking tickets in the file. The plaintiff apparently demands a jury trial in federal court for the parking fines assessed by Multnomah County. The plaintiff also seeks an order requiring the Interstate Commerce Commission to investigate White Line Fevers From Mars, which is succinctly referred to elsewhere in the file as " W.L.F.F.M." This defendant is not, despite the name, of genuine extraterrestrial origin, but is apparently a fruit company which shipped marijuana and cocaine in "fruit boxes" for Mother's Day. The plaintiff's trucking license was suspended by the Interstate Commerce Commission as [**3] a result of some incident involving the plaintiff's transportation of White Line Fevers' fruit boxes. Plaintiff also seeks Supplemental Security Income (SSI) payments, apparently as a result of this incident, and punitive damages against Reagan and the Secretary of the Treasury for withholding of the SSI payments.
[*477] There are also certain other claims which the court is at a loss to characterize, and can only describe. There is included in the file a process receipt which bears the "Received" stamp of the Supreme Court of the United States. On this form are the notations, apparently written by the plaintiff, "Taxes due" and "D.C. Circuit was green" as well as "Rule 8 . . . .. Why did you return my appeal form? Why isn't the '1840' W. 7th mailbox still next to the 1830 one?" and "Something suspicious about that mailbox." There are also other notations on the form.
There is also the following "claim":
The birds today
Are singing loudly,
The day is fresh
With the sounds
Upon the wind
The crickets.
The blackbirds
The woodpeckers
Beauty in every
Spark of life
Just So their sounds
Are appreciated
Their sounds [**4] are beauty
The ants are silent
But always searching
The birds noise a song
and the fade of the automobile tires
Chirp. A shadow from
a passing monarch butterfly
Breathless in Colorado.
Kent [copyright] Norman
1981
It is possible, of course, that this is not intended as a claim at all, but as a literary artifact. However it may be that, liberally construed, the references to the birds, crickets, ants, and butterfly could constitute a Bivens claim. See Bivens v. Six Unknown-Named Agents, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971); U.S. ex rel. Mayo v. Satan and His Staff, 54 F.R.D. 282 (W.D. Penn. 1971).
At any rate, following the Ninth Circuit's remand the marshals attempted to serve the President and the other defendants. The plaintiff, however, seems to have lost touch with the court, or lost interest, or both. Since the receipt of the remand in the district court on March 1, 1982, he has taken no action on the case. Mail addressed to him is returned. The discovery deadline and Pre-trial Order deadline have passed, without any response to the court's notifications to the plaintiff. Perhaps the plaintiff has elected to [**5] pursue his remedies in some more convenient forum. I therefore DISMISS this action for want of prosecution.
Dated this 9th day of June, 1982.
95 F.R.D. 476, *; 1982 U.S. Dist. LEXIS 17948, **
Kent [copyright] NORMAN, Plaintiff, v. Ronald REAGAN, et al., Defendants
Civil No. 81-1054
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
95 F.R.D. 476; 1982 U.S. Dist. LEXIS 17948
June 9, 1982, Decided
JUDGES: [**1]
James A. Redden, United States District Judge.
OPINIONBY: REDDEN
OPINION: [*476] ORDER
JAMES A. REDDEN, UNITED STATES DISTRICT JUDGE.
In this action, Kent [copyright] Norman n1 seeks redress of grievances. I previously dismissed the action as frivolous, see Bell v. Hood, 327 U.S. 678, 682-3, 66 S. Ct. 773, 776, 90 L. Ed. 939 (1946). A panel of the Ninth Circuit disagreed and reversed. A brief summary of the contents of this file may be helpful in understanding my present decision to dismiss this case for lack of prosecution.
- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -
n1 The plaintiff's name apparently includes the copyright sign.
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -
There are numerous defendants and claims. The first defendant appears to be Ronald Reagan, who, in terms of the plaintiff's "amendment complaint," has caused the plaintiff great vexation:
Plaintiff alleges that defendant Reagan has acted with deliberate, reckless, and nefarious disregard of his constitutional rights, in this, to wit:
1) Defendant caused "civil death" without legislation.
2) Defendant [**2] allowed plaintiff to suffer irrepairable [sic] harm and neglect.
3) Defendant has acted with redundance and malicious conduct in neglecting plaintiff.
4) Defendant allowed numerous abuses of plaintiff's person, property, and liberty while governor of California and president.
5) Defendant Reagan has deprived plaintiff of his right to vote and caused, either directly or indirectly, arrests upon false, incorrect, or misleading information.
6) Plaintiff has no adequate remedy at law to redress these wrongs without due course of process.
There are also a number of parking tickets in the file. The plaintiff apparently demands a jury trial in federal court for the parking fines assessed by Multnomah County. The plaintiff also seeks an order requiring the Interstate Commerce Commission to investigate White Line Fevers From Mars, which is succinctly referred to elsewhere in the file as " W.L.F.F.M." This defendant is not, despite the name, of genuine extraterrestrial origin, but is apparently a fruit company which shipped marijuana and cocaine in "fruit boxes" for Mother's Day. The plaintiff's trucking license was suspended by the Interstate Commerce Commission as [**3] a result of some incident involving the plaintiff's transportation of White Line Fevers' fruit boxes. Plaintiff also seeks Supplemental Security Income (SSI) payments, apparently as a result of this incident, and punitive damages against Reagan and the Secretary of the Treasury for withholding of the SSI payments.
[*477] There are also certain other claims which the court is at a loss to characterize, and can only describe. There is included in the file a process receipt which bears the "Received" stamp of the Supreme Court of the United States. On this form are the notations, apparently written by the plaintiff, "Taxes due" and "D.C. Circuit was green" as well as "Rule 8 . . . .. Why did you return my appeal form? Why isn't the '1840' W. 7th mailbox still next to the 1830 one?" and "Something suspicious about that mailbox." There are also other notations on the form.
There is also the following "claim":
The birds today
Are singing loudly,
The day is fresh
With the sounds
Upon the wind
The crickets.
The blackbirds
The woodpeckers
Beauty in every
Spark of life
Just So their sounds
Are appreciated
Their sounds [**4] are beauty
The ants are silent
But always searching
The birds noise a song
and the fade of the automobile tires
Chirp. A shadow from
a passing monarch butterfly
Breathless in Colorado.
Kent [copyright] Norman
1981
It is possible, of course, that this is not intended as a claim at all, but as a literary artifact. However it may be that, liberally construed, the references to the birds, crickets, ants, and butterfly could constitute a Bivens claim. See Bivens v. Six Unknown-Named Agents, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971); U.S. ex rel. Mayo v. Satan and His Staff, 54 F.R.D. 282 (W.D. Penn. 1971).
At any rate, following the Ninth Circuit's remand the marshals attempted to serve the President and the other defendants. The plaintiff, however, seems to have lost touch with the court, or lost interest, or both. Since the receipt of the remand in the district court on March 1, 1982, he has taken no action on the case. Mail addressed to him is returned. The discovery deadline and Pre-trial Order deadline have passed, without any response to the court's notifications to the plaintiff. Perhaps the plaintiff has elected to [**5] pursue his remedies in some more convenient forum. I therefore DISMISS this action for want of prosecution.
Dated this 9th day of June, 1982.
Back from "vacation"
Back from my two week self-imposed hiatus from blogging. I have finished up the Law Review competition (what an incredibly painful experience) and am now in my second week of classes. I have tons of stuff to post on the blog so expect some fairly regular entries over the next week or so. But, I generally will only be adding stuff on Monday - Thursday, the days that I am at school.
Looking ahead, the Ducks begin the 2006 season on Saturday against Stanford! Missi, Drew, and I are all going to the game. It's supposed to be about 80 degrees this Saturday - perfect weather for a football game at Autzen!
Looking ahead, the Ducks begin the 2006 season on Saturday against Stanford! Missi, Drew, and I are all going to the game. It's supposed to be about 80 degrees this Saturday - perfect weather for a football game at Autzen!
Tuesday, August 15, 2006
On hiatus
I'm on a bit of a blogging hiatus right now because I am fully immersed in our school's law review competition, working, and getting ready for classes to start. I expect to start again after school starts next Monday and things simmer down a bit.
Tuesday, August 08, 2006
Well, that was interesting...
Yesterday I finished up my 10-day "cleanse." What is a cleanse you ask? Well, it's basically a period when I go on a very restrictive diet in the hopes of cleansing my body of toxins and boosting my immune system. I heard about this idea from my buddy AZ, who does a "cleanse" about twice per year. For a period of 10 days, you are basically eating vegan, but I call it "hyper-vegan" because you are supposed to focus solely on natural, organic fruits and vegetables and stay away from any processed foods. So, for the past 10 days I haven't had any coffee, I've only drank water and herbal tea, I've learned to appreciate Sundance Natural Foods, and I've taken a ton (220 in 10 days) of herbal pills and supplements to aid in the cleansing process.
On the whole, it wasn't really that bad. Of course, there were a few times when I was really tempted to break, like when the whole family was enjoying Dairy Queen on our drive back from the coast or when Missi's dad made some amazing steaks for us this past weekend and I couldnt' touch them, but on the whole I ate pretty well. I certainly feel healthier, and I probably lost some weight too, although I didn't weigh myself before starting so I can't be sure.
So how is my diet changing now that I'm off this cleanse? For today it's not really changing at all. I'm still munching on carrot sticks for snack and having a vegan sandwich for lunch. Tomorrow night, however, we're having a few friends over and I am looking forward to having some lasagne with Italian sausage and cheese.
All in all, it was a positive experience and I'll probably do it again. One thing I learned was how difficult it is to eat this way if you are not preparing the food yourself. Almost all restaurants have vegetarian options, but almost NONE have vegan options, so that made it slightly difficult at times. Missi ate quite a few of the meals with me this time, but next time we'll coordinate and do the whole 10 days together.
P.S. I know I've put up several entries today with pretty generic photos, but I'll try to get some recent pics of the fam up later this week.
On the whole, it wasn't really that bad. Of course, there were a few times when I was really tempted to break, like when the whole family was enjoying Dairy Queen on our drive back from the coast or when Missi's dad made some amazing steaks for us this past weekend and I couldnt' touch them, but on the whole I ate pretty well. I certainly feel healthier, and I probably lost some weight too, although I didn't weigh myself before starting so I can't be sure.
So how is my diet changing now that I'm off this cleanse? For today it's not really changing at all. I'm still munching on carrot sticks for snack and having a vegan sandwich for lunch. Tomorrow night, however, we're having a few friends over and I am looking forward to having some lasagne with Italian sausage and cheese.
All in all, it was a positive experience and I'll probably do it again. One thing I learned was how difficult it is to eat this way if you are not preparing the food yourself. Almost all restaurants have vegetarian options, but almost NONE have vegan options, so that made it slightly difficult at times. Missi ate quite a few of the meals with me this time, but next time we'll coordinate and do the whole 10 days together.
P.S. I know I've put up several entries today with pretty generic photos, but I'll try to get some recent pics of the fam up later this week.
The Rise and Fall of the Eco-Radical Underground
Here is a really interesting excerpt of an article from the most recent Rolling Stone magazine. I've tried to follow this saga somewhat closely, and this article contains some good information. Bonus points if you realized that one of the attorneys I work for is quoted in the article.
A Week to Shape a Lifetime
The American Legion Boys Nation 2006 session has concluded. It sounds like it was a great time and the group was able to have a great visit at the White House with President Bush. All the detail(and pictures) here.
Thursday, August 03, 2006
Wow, they actually published it...
My hometown newspaper, The Tigard Times, recently published the first "Letter to the Editor" I've ever submitted. Read it here.
It must have been a VERY slow week for submissions.
It must have been a VERY slow week for submissions.
Saturday, July 29, 2006
3 quick items...
1. Congrats to my friends who completed the bar exam. Now comes the anxious period of waiting for the results, but I'm sure they all did fine and will be excellent lawyers.
2. Bend was a bit of a bust. Out of the three trials I had prepared for, two defendants entered plea agreements prior to trial and a third didn't show. At least the preparation for trial was a valuable experience.
3. Missi is in Seattle this weekend so I'm running a "Daddy Daycare." Wish me luck!
2. Bend was a bit of a bust. Out of the three trials I had prepared for, two defendants entered plea agreements prior to trial and a third didn't show. At least the preparation for trial was a valuable experience.
3. Missi is in Seattle this weekend so I'm running a "Daddy Daycare." Wish me luck!
Thursday, July 27, 2006
Heading to Bend
I'm going over to Bend tonight for court tomorrow. I've got three trials tomorrow before a U.S. Magistrate Judge.
More info later...
More info later...
Monday, July 24, 2006
My black and white weekend
They say that a picture is worth a thousand words...So here is my weekend in over 20,000 words.
Thursday, July 20, 2006
Football was great
The flag football game I organized yesterday evening went really well. We had 14 players show up and we played for almost 2 hours. I really appreciate everyone from my school and others I know here in Eugene coming out to play. It was a beautiful evening but two "lessons learned" for next time include: (1) try to schedule it for a field where there is not a huge community event called "Touch-a-Truck" going on at the same time; and (2) try to orient the field so the sun isn't beaming directly into one team's eyes the entire time. That made things pretty difficult for whatever team had the sun going against them.
All in all, a really great time and I'm looking forward to doing it again later in the fall.

Pre-game photo

"Should we try the 'hook and ladder'?"

One of the favorites for the MVP Award - T.A.
All in all, a really great time and I'm looking forward to doing it again later in the fall.
Pre-game photo
"Should we try the 'hook and ladder'?"
One of the favorites for the MVP Award - T.A.
Tuesday, July 18, 2006
A lesson in government
Among those 5 people who read my blog regularly, a few of you know that I enjoy following government and politics. Here is an interesting article that describes the veto process likely to take place (for the first time during the GW Bush administration) later this week. It doesn't get into the politics/moral issues surrounding the stem cell debate, but rather focuses on the process. I thought it was interesting and informative.
Monday, July 17, 2006
Highlights
Some highlights from the last week or so.
We had our last T-ball game and our parents vs. kids All-Star game. It was a really fun season and I am glad I coached. I started out with about 20 players and it was really tough to manage all of the players. We split the group into two teams and things became much easier. We didn’t keep score on any of the games so I don’t know what our record was, but it was a really fun time.
One more thing on this point…Coaching Drew’s team this season gave me an increased admiration for those parents who can effectively coach their child. At times Drew had difficulty seeing me as a “coach” and instead wanted to look at me as “dad.” He would not want to accept suggestions or he would mope if he didn’t get to play the position he wanted – behaviors that almost certainly wouldn’t have surfaced if someone else was coaching.
On Thursday my friend Jeff drove down from Portland for a work meeting in Springfield. Despite a very busy schedule, he was kind enough to hang around Thursday afternoon and evening. We met at Fiddler’s Green, where Jeff was checking out new hybrids. Missi was in Portland so Jeff and I took the kids out to Orchard Point Park on Fern Ridge Reservoir. After that it was Burrito Amigos for dinner and then to the Ems game. We left after 7 innings and the score was 2 – 0. Wouldn’t you know it that the Yakima Bears scored 2 runs in the 8th to tie it up and then the Ems hit a go-ahead home run to take the lead heading into the ninth. What great timing for our departure! It was really fun to hang out with Jeff for awhile.

Jeff and I at the game. Photo credit to Drew.
This past weekend was a full one. On Saturday morning we stopped by our friend Monica’s apartment for awhile to help her move and then we headed up the McKenzie River to meet Missi’s dad and his family. Every summer they spend 5 days at a The Wayfarer, a quaint resort on the banks of the McKenzie. We floated the river, laid in the sun, played croquet, and relaxed. We set up a tent there and stayed Saturday night and returned to Eugene Sunday. Sunday evening we gave Drew the option of either cutting his hair short all over or trimming up the mohawk that we had given him on a whim a few weeks earlier. He chose the mohawk. See below.

Sam at the River

The fearless rafters
This week I am organizing my inaugural Eugene flag football game. I’ve already got a good number of people who have confirmed so it should be fun. Email me if you’re interested in playing. Tuesday I will be receiving a tour of the new federal courthouse here in Eugene. On Thursday the whole family is going to Portland for a friend’s wedding this weekend.
We had our last T-ball game and our parents vs. kids All-Star game. It was a really fun season and I am glad I coached. I started out with about 20 players and it was really tough to manage all of the players. We split the group into two teams and things became much easier. We didn’t keep score on any of the games so I don’t know what our record was, but it was a really fun time.
One more thing on this point…Coaching Drew’s team this season gave me an increased admiration for those parents who can effectively coach their child. At times Drew had difficulty seeing me as a “coach” and instead wanted to look at me as “dad.” He would not want to accept suggestions or he would mope if he didn’t get to play the position he wanted – behaviors that almost certainly wouldn’t have surfaced if someone else was coaching.
On Thursday my friend Jeff drove down from Portland for a work meeting in Springfield. Despite a very busy schedule, he was kind enough to hang around Thursday afternoon and evening. We met at Fiddler’s Green, where Jeff was checking out new hybrids. Missi was in Portland so Jeff and I took the kids out to Orchard Point Park on Fern Ridge Reservoir. After that it was Burrito Amigos for dinner and then to the Ems game. We left after 7 innings and the score was 2 – 0. Wouldn’t you know it that the Yakima Bears scored 2 runs in the 8th to tie it up and then the Ems hit a go-ahead home run to take the lead heading into the ninth. What great timing for our departure! It was really fun to hang out with Jeff for awhile.
Jeff and I at the game. Photo credit to Drew.
This past weekend was a full one. On Saturday morning we stopped by our friend Monica’s apartment for awhile to help her move and then we headed up the McKenzie River to meet Missi’s dad and his family. Every summer they spend 5 days at a The Wayfarer, a quaint resort on the banks of the McKenzie. We floated the river, laid in the sun, played croquet, and relaxed. We set up a tent there and stayed Saturday night and returned to Eugene Sunday. Sunday evening we gave Drew the option of either cutting his hair short all over or trimming up the mohawk that we had given him on a whim a few weeks earlier. He chose the mohawk. See below.
Sam at the River
The fearless rafters
This week I am organizing my inaugural Eugene flag football game. I’ve already got a good number of people who have confirmed so it should be fun. Email me if you’re interested in playing. Tuesday I will be receiving a tour of the new federal courthouse here in Eugene. On Thursday the whole family is going to Portland for a friend’s wedding this weekend.
Friday, July 07, 2006
Ah, summertime...
I'm not going to start this blog entry out by apologizing for the long delay in posting, because it seems that this is becoming the norm rather than the exception.
I guess I'll just start with this past week. I had to go into work for a few hours on Monday because the office (for some unknown reason) was closed. It actually turned out to be a great day as I was able to go out to coffee with my favorite attorney from the office.
On the Fourth of July we decided to have a BBQ at our house with some friends. We thought about going to Alton Baker Park or some other "big" fireworks show, but we weren't sure how Sam could handle it. We made the right decision. It was a great time with good friends at our house and we apparently have some pyrotechnic experts in the neighborhood who were sending up huge fireworks all night long.
Other highlights from the week included going to Fern Ridge Reservoir with the family, watching Snatch with Missi, doing a bunch of yard work, having some great "daddy time" with Samantha, and playing some 1-on-1 baseball and basketball with Drew. Another fun thing has been my buddies Charlie and Harvey finally getting their clearance to begin work. It's nice to have them around.
It was a long day today. I was in Albany all day at the Linn County DA's office (a long and somewhat complicated story) and then I rushed back to Eugene only to be about 15 minutes late for Drew's T-ball game. After the game it was Subway for dinner, watched some of the Red Sox-White Sox, put Drew to bed, and then had a long conversation with my mom.
This weekend is the "world famous" Oregon Country Fair. I've been told by a lot of people that I HAVE to go to this while I live in Eugene just for the experience, I just don't think this is the year. I don't want to freek out Drew with what he might see there, if you know what I mean. If you go, let me know how it is.
I guess I'll wrap up this rambling entry with a short thought on the World Cup: Overall, it's been really great. There weren't really any "surprise" teams, save for the disappointing Americans. I think the best goal of the tourney was scored by Argentina when the guy trapped it off his chest and volleyed it into the "upper V" from the edge of the 18. Although Zidane and his French team have been inspiring, I have to take the Azzurri in the final. The Italians have only allowed one goal all tournament (an own-goal to the Americans) and I don't think Thierry Henry, as good as he is, is quite enough offense to carry the French. Italians 2-0.

Me and the kids at Fern Ridge Reservoir

Daddy's little girl

Drew and his buddy Carlos on the Fourth of July. Note Drew's Jedi robe and Carlos' breastplate. These boys were equipped to fight the Dark Side.

Sam roasts a marshmallow. The sunglasses add to the effect.

Drew and I with one of his favorite fireworks, the "Queen of Hearts"
I guess I'll just start with this past week. I had to go into work for a few hours on Monday because the office (for some unknown reason) was closed. It actually turned out to be a great day as I was able to go out to coffee with my favorite attorney from the office.
On the Fourth of July we decided to have a BBQ at our house with some friends. We thought about going to Alton Baker Park or some other "big" fireworks show, but we weren't sure how Sam could handle it. We made the right decision. It was a great time with good friends at our house and we apparently have some pyrotechnic experts in the neighborhood who were sending up huge fireworks all night long.
Other highlights from the week included going to Fern Ridge Reservoir with the family, watching Snatch with Missi, doing a bunch of yard work, having some great "daddy time" with Samantha, and playing some 1-on-1 baseball and basketball with Drew. Another fun thing has been my buddies Charlie and Harvey finally getting their clearance to begin work. It's nice to have them around.
It was a long day today. I was in Albany all day at the Linn County DA's office (a long and somewhat complicated story) and then I rushed back to Eugene only to be about 15 minutes late for Drew's T-ball game. After the game it was Subway for dinner, watched some of the Red Sox-White Sox, put Drew to bed, and then had a long conversation with my mom.
This weekend is the "world famous" Oregon Country Fair. I've been told by a lot of people that I HAVE to go to this while I live in Eugene just for the experience, I just don't think this is the year. I don't want to freek out Drew with what he might see there, if you know what I mean. If you go, let me know how it is.
I guess I'll wrap up this rambling entry with a short thought on the World Cup: Overall, it's been really great. There weren't really any "surprise" teams, save for the disappointing Americans. I think the best goal of the tourney was scored by Argentina when the guy trapped it off his chest and volleyed it into the "upper V" from the edge of the 18. Although Zidane and his French team have been inspiring, I have to take the Azzurri in the final. The Italians have only allowed one goal all tournament (an own-goal to the Americans) and I don't think Thierry Henry, as good as he is, is quite enough offense to carry the French. Italians 2-0.
Me and the kids at Fern Ridge Reservoir
Daddy's little girl
Drew and his buddy Carlos on the Fourth of July. Note Drew's Jedi robe and Carlos' breastplate. These boys were equipped to fight the Dark Side.
Sam roasts a marshmallow. The sunglasses add to the effect.
Drew and I with one of his favorite fireworks, the "Queen of Hearts"
From Actual Court Records
1.
Counsel: "All right, I want to take us back to the scene of the bar for a moment again." (The witness starts to leave the stand)
Counsel: "No, you don't have to get up. I just want to take you back there mentally."
2. The young attorney, engaged in her first jury trial, nervously commences her portion of the jury selection:
Counsel: "This is called voir dire, and this is my opportunity to speak with you as jurors. At this point in the trial, I won't have any opportunity to ask you any questions or to have any intercourse with you."
Counsel: "Discourse."
Counsel: "I didn't mean that."
The court: "And we sent them to law school to learn all these words."
District Court Judge John Anderson, Canon City, Colorado
Counsel: "All right, I want to take us back to the scene of the bar for a moment again." (The witness starts to leave the stand)
Counsel: "No, you don't have to get up. I just want to take you back there mentally."
2. The young attorney, engaged in her first jury trial, nervously commences her portion of the jury selection:
Counsel: "This is called voir dire, and this is my opportunity to speak with you as jurors. At this point in the trial, I won't have any opportunity to ask you any questions or to have any intercourse with you."
Counsel: "Discourse."
Counsel: "I didn't mean that."
The court: "And we sent them to law school to learn all these words."
District Court Judge John Anderson, Canon City, Colorado
Monday, July 03, 2006
Week-to-week
That's right, it's been over a WEEK since my last post. I guess I can justify it since I added something like 3 posts last week. The reason for the delay is because I have been reading (and finishing) a really good book, Under the Banner of Heaven by Jon Krakauer, work has been fairly busy, and I've had a lot of family stuff going on in the evenings when I would have otherwise written a post.
All that being said, I'm still alive and still planning on updating my blog with a substantive post...just not right now. Check back in a few days.
P.S. I watched a couple of great World Cup games over the weekend. I was as shocked as the rest of the world when France beat Brazil and the Brazilians looked very uninspired and the Germany-Argentina game was a great one as well. I thought it was really interesting when the German keeper took out his notes with scouting reports on each shooter prior to their PK. I've never seen anything like that in soccer before.
All that being said, I'm still alive and still planning on updating my blog with a substantive post...just not right now. Check back in a few days.
P.S. I watched a couple of great World Cup games over the weekend. I was as shocked as the rest of the world when France beat Brazil and the Brazilians looked very uninspired and the Germany-Argentina game was a great one as well. I thought it was really interesting when the German keeper took out his notes with scouting reports on each shooter prior to their PK. I've never seen anything like that in soccer before.
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