Saturday, December 24, 2011

Virus & Trojan

Just hours before a final, I got a virus that slipped by the scanner....

What a nightmare.  It destroyed my start menu, shortcuts,....  It hid all the files on the hard drives.  At first I thought it had wiped the drives.  It wouldn't even let  task manager or system explorer start. 

After a little digging, it came to me.  I copied system explorer to a.exe.  Then the virus allowed it to start.  It wasn't smart enough to look at program signatures, only the running name.  Once system explorer started, I was able to find the running program that was blocking everything and kill it.  Then I removed that program.  Updated the virus signatures and scanned the disk.

Now to unhide the files...... Quickest way I knew of was to start a command prompt and use the attrib command with recursion.  Voila, files back.

I was able to use the laptop for taking the final.

After the final, I finished resetting file attributes and rebuilt my start menu.

At that point I was so glad to have multiple backups.  I was very afraid that I was going to be rebuilding a system from scratch.  But my important data was backed up.

Senses, Knowledge, and the Law

When I see something, I don't "see" it, my mind perceives it. When you see a tree, you associate your interpretation of it with the symbolic word "tree". But, what is the meaning of the symbols. Is there knowledge behind the symbols? Language is nothing but phonetic symbology. 

The written word is nothing but a symbol of the spoken word, but with less knowledge.  You lose the inflection, tone, pace, and emotion of the spoken word when it is written.  You lose the subtle intonations that lend meaning.

Behind the symbology is the knowledge.  We are not taught knowledge in school.  We are taught the symbols and how to manipulate them, but not the meanings behind them.  We are taught the symbology, not the knowledge.  It is the search for knowledge that eludes us.

You will never have knowledge about everything just as you can never know everything.  But you should take the time to develop knowledge about those things that are important to you.

From my life before law, numbers were important to me.  There are a few that I took the time to seek out and some that came to me by accident.

Take the symbol "6".  Why that shape?  What is the story behind it?  Did you know that it is the first perfect number in that is multiples added together are equal to 6 (1x2x3 = 1+2+3)?  It is even (what is the knowledge behind that?).  It had mystical importance to certain civilizations that first developed mathematics(why 60 minutes?). 

Or 12.... Why 12 hours in 1/2 a day?  Why 24 hours in a day?  What did 12 mean to the civilization that divided the day as such.  (hint:  They counted the knuckles on the hand with the thumb.  Four fingers with three knuckles each is 12.  Two hands is 24).  But does anything lie behind that?


The combination (3,4,5) has a lot behind it if you are willing to look....

But have I discovered what is really behind the examples above?  Not really.  I've never looked behind things before, only to the surface.  The study of law has made me start looking behind the symbols to the meaning and knowledge that is there.  Why are laws?  What are laws?  Why laws at all?  What is the meaning of something like property?  What lies behind the laws?  When I understand that, I will start to become knowledgeable in the law.

Much as we want to we will never know the law without getting the true knowledge behind it.  This is what separates truly magnificent lawyers from the run of the mill.  Not to say that you can't be a good lawyer without that knowledge, but the to be great you need a deeper understanding that is taught.

The knowledge is what separates the technician from operator.

Pixelated Universe

Do we live in a pixelated universe?

Max Planck theorized a minimum measure of length (the Planck length) of the universe.  This length is the shortest measure above 0 that can distinguish "things" in the universe.  As a consequence there is also a minimum of time, the Planck time, that can be  measured.  This would be the time that light in a vacuum would take to travel a Planck length.

If there is a minimum length, then we can think of the universe consisting of nothing but pixels of Plank length in size (A Plank pixel).  If the universe consists of pixels, then is it possible that it is a giant very very powerful computer simulation?  Could God be the master programmer? 

It gives pretty compelling evidence for deja vu.  If the master programmer stops the simulation, winds "time" back, changes something, then restarts.  If not every bit of the old programming data was deleted, then deja vu could be the remaining bits of the previous trip through....

Many more questions are raised....  Are we all sentient beings?  Or are only a few set individuals sentient, while the rest are programed responses?  If the sentient beings can't see it, is it rendered? 

The sentient ones would be very powerful, self morphing, self programming, constantly changing and evolving programs. 

Perception then becomes something to think about.  When we "see", we don't actually "see", we perceive something.  The same is true for our other senses.  So we don't actually "see" a tree, we perceive a tree.  Does it make it any less "real" that we perceive?

Sunday, December 18, 2011

First Semester Over

Well, the first semester is done.  We have one professor that is very efficient.  The Civil Procedure grades are already out and I'm pretty happy with how I did.  Although it wasn't an A, it wasn't a C either....

Already got my E&E (Examples and Explanations) for Torts which replaces Criminal Law in the spring semester.  I think I will like Torts a whole lot more than criminal law. 

Have 4 weeks off now.  We don't start back until January 17th.  Don't know what to do with myself without studying all the time. 

Thursday, December 15, 2011

Sunday, December 11, 2011

Examples & Explanations

If you are in law school and have not heard of Aspen's Examples and Explanations, then you need to at least do the favor of looking at them.  They have helped me clear up more little points and provide questions to make me think about the law at hand.

The one area where modern legal education fails is that they don't make you apply the law until the final.  With the E&Es you can work on application all semester.

Chronic Pain

Pain makes it hard to study.  If you are a student with chronic pain, then I really would think twice about law school.  Unless you have it under good control.

I didn't have chronic pain before law school, but it started soon after when my lower back "went out".

Today I need to memorize criminal law stuff, but the pain is distracting me.  So I am writing this hoping to come to grips with it better.  Strong medicine would help, but it would put me to sleep.  So a catch-22.  Suffer and try to learn, or feel better and sleep.

So, I'm taking ibuprofen and trying to struggle forward.

Fast forward to the end of the month....

I had an injection of cortisone around the nerve roots a few days ago.  Yesterday I was really thinking it was going to work.  Today, not so much.  The tingling in the feet has returned with a vengeance.

If it was just pain, I could deal with it.  Pain I'm used to.  But this is something that is hard to ignore.  Makes walking hard when you can't feel your foot.  Makes driving hard to.  Makes taking test hard because it is difficult to ignore the feeling.

Friday, December 9, 2011

Civil Procedure Final

Well,  that is over with.  What a final.  36 multiple choice and 20 points of essay.

Since we don't talk to each other about the test, I thought I would get it off my chest here....

The multiple choice took 2 hours.  2 hours for 36 questions.  That's 3 1/3 minutes each.  They were HARD, that is HARRDD questions too.  The prof. was right.  There were about 12 that were a cinch.  About 12 questions that were work.  And 12 that separate the A's from the B's.

The essay questions were not actually that hard.  It was surprising.  Of course the first one was an Erie analysis, but not a question of federal law, but what state law should be followed by a federal court sitting in the state.  Klaxon, Erie,  Of course the first question also involved the right of a trial by jury.  That is Byrd, the 7th amendment, Gasperini, and FRCP 38.  Byrd was especially useful.

I was really expecting a full blown Erie analysis question of federal rule vs. state law or rule.  Surprise to me.

The second question was just a matter of removal.  What of these scenarios can be removed to federal court.  Just took a little thinking through and each scenario answered in 2 to 3 sentences.

Ok,  I feel better now.

PS:  I did meet up with some other folks that had the same comments.  2 hours for 36 multiple choice questions....

Thursday, December 8, 2011

Things to do differently next semester

  • Flashcards from day one.  Use software to help study schedule using "Leitner" system (spaced repititions) (flashcardexchange.com which has an android application available.  You can study cards on your phone).
  • Study flashcards ALL semester.  Black letter law should be memorized and not have to be reviewed at the end of the term
  • At the end of the term, just work on concepts and application
  • Work on application all term
  • Might take notes by hand and transcribe.  I seem to remember better writing, not typing
  • Do a better job of reading cases

Wednesday, December 7, 2011

First Final

First final is out of the way.  Contracts it was.  Even though it took three hours to write it, it didn't seem that bad overall.  The issues popped right out at me.  Or maybe I really missed something.  I'll know in about a month.

Sunday, December 4, 2011

Anonymous grading is da bomb.  You can be unprepared in class.  You can tell the teacher off.  You can kiss up.  It doesn't matter.  At the end of the semester, the teacher has no idea who's test they are grading.