Category Archives: Law

Law, Otter
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Babies, frogs, and ceramic tile…

Cute baby picture:

Yes, I have found it! The portable baby swing with lights and soft soothing music, the co-workers willing to work with a sling hanging from their shoulders from time to time. The sweet sounds of sleeping infant while working… human companionship, brain activity, and a potential paycheck! It is mommy heaven. The world’s best working environment for a new mom.

I have had a great week, I got started on my first grown up lawyer case, got paid for one of the cases I worked on last year, found a place to live for the next year or so, and begun packing the house. Marlena is preparing to finish school, Lee is getting more and more emeshed in his growing role at Vonage, and Oliver is getting used to being at the office with me.

Here is a picture of my first client: the Mississippi Gopher Frog.

Look closely at this sweet creature, because at the time it was designated as Endangered by the Fish and Wildlife Service over 5 years ago, there were only 100 adult frogs left and a commercial site was being constructed less than 700 feet away from their sole remaining breeding site. Sigh.

In other news, we have decided on the new home Lee and I are sharing with Devon for the remainder of the time we are here in the “Garden State”. That is assuming that we actually sign the lease and agree to all the terms, but that is pretty much a forgone conclusion. We have been negotiating with the landlord for a week or so now, and are still haggling over a few things, but are ready to accept the house. It is a lovely home, with spanish tile floors, a granit kitchen with a huge island in the center, and bathrooms in each bedroom. We love it. It is in Freehold, near Ellen, just a few blocks from downtown.

I will take pictures and add them to the blog when we are moved in. I am glad to be finished looking for homes, so I can get back to packing. (Okay, I am not glad to get back to packing, but I am glad to be done with finding a home.)

grief, Law

Job opening…

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Wanted: Hopeful optimist.
Duties: Remind me that the system works a lot of the time, and that when it doesn’t it is better to fight for change, than to rail at the powers that be uselessly. Remind me with newspaper clippings, email alerts, and phone calls that there are others out there fighting to make the system work, and the protect the rights and lives of others.
Compensation: Appreciation and love.

This morning I awoke to a world that doesn’t make sense. The legal stuff going on with Vonage indicates to me that our system of patents is broken. It is no longer protecting the creative and intellectual property of innovators so they can see profit from their ideas, but instead is curtailing innovation, and preventing creative thinkers from expanding the technology of our country. It is allowing big business to monopolize markets and drive competitors out of business, not with superior product, but with vaque, overbroad patent filing.

The idea behind the patent was to insure people continue to create and innovate by protecting their work, by limiting those who would profit by it to the innovater and their family for a number of years. It was intended to protect actual inventions and processes. It was not intended to limit innovation in an entire arena.

For example. Milk production. A person or company is not supposed to be able to patent milk production. A machine that produces milk more effectively, or more organically, sure, but not the production of milk itself.

One of the three patents upheld by the court basically allows Verizon ownership of milk production. It is a hugely over broad patent, limiting other businesses from being able to compete in the voice over IP market. Further, it allows Verizon to profit from prior art, in existence without any innovation or creativity on thier part, simply because they filed the patent first. They are using the patent system to monopolize the market, as Vonage has a more well known and less expensive VOIP product that theirs. Instead of innovating and creating a better product than Vonage, Verizon is saying to it’s customers and the rest of the country “Don’t worry, soon you will only have our paltry VOIP product to choose from, then you won’t miss the cheaper, more effective service.”

Sadly, when this case first went to trial, I actually thought the factfinders would be able to see that this is not an innovator protecting hard work and creativity, but a massive corporation seeking to drive competition out of the market. They didn’t. They upheld the patent. Now hope rests in the appellate court.

Which is why I need a hopeful optimist. Nick held the job prior to his death. He would always remind me why the system generally works, point out the reasons behind the flaws, and encourage me to find a way to fight to correct the system. Unfortunately, he is no longer here to provide that much needed service. Anyone else wish to step up to the plate?

Law, pregnancy

What to expect…

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I received this note in my email today, from the helpful “What to Expect” people.

Week 33: Thinking for Two
Each week we’ll send you a note to share with the dad-to-be in your life. Pass it on!
She’s always been the one who remembered everything (your parents’ anniversary, the plans you had for next weekend, the meeting with the accountant you spaced on) and kept track of everything — wasn’t she the one with car key radar? But suddenly, you may have noticed, she’s the one forgetting meetings and appointments; she’s the one who can’t find her blue suit (because she didn’t remember to pick it up at the cleaners); and she’s the one who’s turning the house upside down to locate her car keys. Welcome to Pregnancy Brain Fog — another seemingly random symptom triggered by pregnancy hormones. Instead of ragging on her for her forgetfulness, help her cope with it. Search for her keys with her (or better still, put a key collecting bowl at the front door), remember to pick up the dry cleaning so she doesn’t have to, and casually mention at breakfast that important meeting she has this afternoon (before it slips her mind).

It’s true too, I am suffering from Placenta Brain, forgetting things, misplacing things, generally feeling insane.

My problem? The February Bar Exam. Do you think the PTB’s will forgive an incorrect point or two on account of baby brain?

For example: My boss asked me what the burden of proof was for a gender discrimination case. I couldn’t answer. Of course, I figured out later it was because Consitutional Analysis has levels of scrutiny, not burdens of proof, but still, it took me five hours to remember intermediate scrutiny!!

It helps that she didn’t remember either, and she is not suffering from pregnancy brain, but I won’t be able to make it through the exam if it takes me 5 hours to remember something as basic as that.

Sigh.

I am also having nightmares where I do into labor during the exam, an hour away from everyone who is supporting me through said labor. How do I get back home? Do I drive myself home? Do I leave my car in Somerset and call and ambulance? It will be a month early, so it’s not really going to happen, but it is certainly irritating that my subconcious has decided to worry about birthing during the bar exam instead of merely failing it.

Anyone have a cure for pregnancy/bar exam induced nightmares from hell?