Alright you students, you intelligent individuals..... I am going to pose you a question that I do not have the answer to that is really quite relevant in today's legal society. So let us go with a scenario of recording an individual without their knowledge. Now, from what I understand it to be, there must be at least one person of the party in knowledge of a audio/video recording of the conversation or the interaction. There is also the other opininion that both must be aware that a recording is in play (i.e. "this phone call can be recorded" blah blah blah) or in essence the infamous "beep" during a recorded phone call conversation.
Now that we have the initial generic background set up established (the conversation in some fashion is being recorded) comes the "make you think" question.
Can a person wear a shirt that says "I Record Everything" be enough to validate a secret recording if worn in eyesight? I understand that this will not work over a telephone conversation, but let us assume it is a person to person conversation on the street. One person is wearing the shirt labeled "I Record Everything" and the other is not. The person that is wearing the shirt is actually recording (whatever they deem necessary) through a device on their person. Question: Is this admissable in court? Is it actually valid? Does this shirt serve as valid notificiation that the conversation or the interaction is being recorded and that it would be admissable in court? GOOD QUESTION. I am not sure I have an answer to this and am extremely interested in various points of view.
Saturday, February 28, 2009
Free Speech?
Well, this week I have really been thinking about free speech and most importantly responsibility. The reason I have been thinking about this is because a member of my family seems to speak without using common sense to back up what is being said. Maybe it is because she is young, and maybe not. The reason I say maybe not because that would bring on the additional question of "Does age bring on common sense?" I think that answer would be "no". So based on that idea, where does the responsibility come from? Where does common sense actually come into play in the mind of a person? Does it show up like a birthday? Does it magically appear or does it show up once a person starts experiencing life for themselves and all of the effects that go with it. I guess it is growing up and those years that really signify it. I remember my mother always saying that "Youth was wasted on the young" and now that I am older, I am really appreciating what she meant.
So now, at the moment I am in the middle of common sense debates (otherwise known as responsibility) with an 18 year old girl (family member) who has not really lived much outside in the world, yet thinks she does. I found myself actually thinking "Man, does free speech really have to apply to everyone?" The answer of course is yes. I began thinking that maybe this class should actually be given on the High School level just to assist in the young teens starting out in the world. It isn't an actual fix but a little direction is better than no direction at all, don't you think?
Regardless we have free speech and all that goes with it, for good or for bad and what happens with that is the ever changing and developing world around us that moves when we open our mouths and let our thoughts out. Even I, writing this post am acknowledging that what I am writing, what I am saying will have an effect on people. People will either agree with me, have experienced it themselves, or not. A good dose of responsibility is definately important that people seem to miss these days.
So now, at the moment I am in the middle of common sense debates (otherwise known as responsibility) with an 18 year old girl (family member) who has not really lived much outside in the world, yet thinks she does. I found myself actually thinking "Man, does free speech really have to apply to everyone?" The answer of course is yes. I began thinking that maybe this class should actually be given on the High School level just to assist in the young teens starting out in the world. It isn't an actual fix but a little direction is better than no direction at all, don't you think?
Regardless we have free speech and all that goes with it, for good or for bad and what happens with that is the ever changing and developing world around us that moves when we open our mouths and let our thoughts out. Even I, writing this post am acknowledging that what I am writing, what I am saying will have an effect on people. People will either agree with me, have experienced it themselves, or not. A good dose of responsibility is definately important that people seem to miss these days.
Monday, February 23, 2009
The 5 Year Old Mind
So, something interesting happened the other morning when my daughter came home from school. She handed me a parchment certificate that read her name and underneath it stated "Knows the Pledge of Allegiance and its Meaning". Hmmm. My daughter is 5 years old. I thought how interesting it was that she was taught the pledge and it was verified that she understood its meaning. I was thinking back to when I first was taught the pledge and I can not say that I understood its meaning until I was in Junior High and even then, well, I am not really sure I understood the concept.
I decided to do a little investigating and asked her to recite the pledge to me. She did it in her wonderful 5 year old glory, every word recited correctly and precisely. I was impressed. She then went on to quiz me about each line. She asked me if I understood what allegiance meant and then asked me if I was "allegied to the United States". Sometimes children just make you smile. "Yes" I told her, "I am allegied". She asked me if I understood the meaning of "One Nation Under God" and I said yes. I asked her what she thought it meant and she said "Well, God watches everything and everyone and the nation is the brotherhood, the family that all work together to make a better place". In theory, I thought to myself. What a beautiful sentiment isn't it from the mind of a child? She has no predisposed notions of the world, not corrupted by all of the politicians, crime, hate and trauma that the world has to offer. She only sees the simple things. Wow, 5 years old is a beautiful thing isn't it?
She asked me the other day what color she was. I told her she was white and asked her "Why? what color did you think you were?" "Oh", "I thought I was flesh colored". How cool is that? This is the age where the world is really just as it appears. I told her she was flesh colored. "Yep, everyone is colored in flesh, just in different shades" she stated and tottled off. As I said, the mind of a child is a beautiful thing. You have to love the statements that are just oberservant truths.
I decided to do a little investigating and asked her to recite the pledge to me. She did it in her wonderful 5 year old glory, every word recited correctly and precisely. I was impressed. She then went on to quiz me about each line. She asked me if I understood what allegiance meant and then asked me if I was "allegied to the United States". Sometimes children just make you smile. "Yes" I told her, "I am allegied". She asked me if I understood the meaning of "One Nation Under God" and I said yes. I asked her what she thought it meant and she said "Well, God watches everything and everyone and the nation is the brotherhood, the family that all work together to make a better place". In theory, I thought to myself. What a beautiful sentiment isn't it from the mind of a child? She has no predisposed notions of the world, not corrupted by all of the politicians, crime, hate and trauma that the world has to offer. She only sees the simple things. Wow, 5 years old is a beautiful thing isn't it?
She asked me the other day what color she was. I told her she was white and asked her "Why? what color did you think you were?" "Oh", "I thought I was flesh colored". How cool is that? This is the age where the world is really just as it appears. I told her she was flesh colored. "Yep, everyone is colored in flesh, just in different shades" she stated and tottled off. As I said, the mind of a child is a beautiful thing. You have to love the statements that are just oberservant truths.
Saturday, February 21, 2009
Directions and Poetry
So here's my thought of the week. School is an interesting dynamic with many different types of people all congregating to achieve some sort of academic achievement to then go out into the world and make a difference. Sounds like the right idea right? On the one side, great, good, awesome for the new and upcoming but on the other hand, have you ever really takin a good hard look at the fellow students? I wonder at times where in the world the job markets will take these other students. At the same time, I wonder where mine will end up taking me. Everyone I know seems to have changed their major at least once as they redirect their ambitions. I hear everything from legal aid for animals to assisting trees. ok, I'm not here to judge.
I look at the classes that are offered and sometimes I question the line-up. For example, Intro to Creative Writing sounds great on the surface but as I have now been involved with it since the beginning of the semester I have realized that it is Intro to Poetry. This reminds me of false advertising. Quite frankly, I would never have taken an intro to poetry class. We all need to accept our limitations and I for one am not a poet. I never have been a poet and never will be. I would never subject my readers to such a complete disaster of such a thing. Regardless, I am faced with having to give it the "old college try" just to complete the class. Since I am Pre-Law I look at this class and think to myself, where in the world am I going to use poetry in my future? Am I going to look at the Jury one day and say: Roses are Red, Violets are Blue, My client is not guilty and you will think so too! Yea, that will happen.
Some of my classes are great and some, well not so great. I am hoping by the end of the semester I will see things a bit more positive or on at least be able to choose more wisely because in the end, I did it to myself right? I chose it, I'm stuck with it. Whatever. I'll be happy when I begin to work on my Capstone (final thesis) and then on to graduate work. Now, the big and upcoming delemma for me is to choose which school which in student language that means, who will accept me and what kind of debt do I want to go into.
I look at the classes that are offered and sometimes I question the line-up. For example, Intro to Creative Writing sounds great on the surface but as I have now been involved with it since the beginning of the semester I have realized that it is Intro to Poetry. This reminds me of false advertising. Quite frankly, I would never have taken an intro to poetry class. We all need to accept our limitations and I for one am not a poet. I never have been a poet and never will be. I would never subject my readers to such a complete disaster of such a thing. Regardless, I am faced with having to give it the "old college try" just to complete the class. Since I am Pre-Law I look at this class and think to myself, where in the world am I going to use poetry in my future? Am I going to look at the Jury one day and say: Roses are Red, Violets are Blue, My client is not guilty and you will think so too! Yea, that will happen.
Some of my classes are great and some, well not so great. I am hoping by the end of the semester I will see things a bit more positive or on at least be able to choose more wisely because in the end, I did it to myself right? I chose it, I'm stuck with it. Whatever. I'll be happy when I begin to work on my Capstone (final thesis) and then on to graduate work. Now, the big and upcoming delemma for me is to choose which school which in student language that means, who will accept me and what kind of debt do I want to go into.
Friday, February 13, 2009
What Vibe Do You Get?
Alright, so check this out. Last week I went out for a service learning position (otherwise known as internship). I went to a local community that is predominantly Latin for the internship interview. Understand that I am a pre-law student and have been in the legal game in one form or the other for the past 5 years already. I am blond and green eyed and my family's heritage is German-Irish. Obviously I looked like a fish out of water in the Latin community but I didn't care, I went to put my skills to use and become a benefit not just to fit-in. Well, upon arriving in the interview the first thing that was told to me after I was looked up and down was that "This is not LA Law". Really? I had no idea I wasn't applying for a Hollywood acting position, I thought to myself. I found the first statement that they made rather insulting. Do I look as though I would not like law if it wasn't displayed on the T.V? My resume depicts the trenches of the legal work that I have done, not the glitz and glamour. Were they judging me on the fact that I am a woman that is of German heritage trying to assist in a community that is Latin? Of course other questions were asked of me that led me to the possibility that I was being judged on my ethnic background and appearance. Now this is interesting and something I didn't really see coming. After leaving the interview I quite honestly felt discriminated against. Understand that I did not include all of the pointed questions that were given to me due to the fact that I really do not feel comfortable posting the statements that were made to me that led me to the ultimate feeling that I was being discriminated against. I also sensed an air of elitism in the things that they said to me over other minorities such as Asian, African American etc. I guess stereotypes, assumptions about race and gender, ethnic background etc. are all still alive and well in today's job market. This is all a real shame because as a student, I wanted to intern with this particular company since last semester. I was a big advocate for their organization and quite frankly now, well, I believe that I will be removing my name from their list because I do not wish to intern with a company that I believe to be discriminating, possibly racist as well as an organization that feels one minority is superior to another minority.
Oh, and one more thing, in regards to socio-economic oppression....... well, last time I looked we are ALL in the same boat suffering greatly at the hands of our country's recession.
Oh, and one more thing, in regards to socio-economic oppression....... well, last time I looked we are ALL in the same boat suffering greatly at the hands of our country's recession.
Friday, February 6, 2009
What Happens When We Lie?
Yesterday in class we were reviewing Virginia colonial free speech punishments and laws in regards to various matters. One that stuck with me was the basic "no lying" under punishment of death. That's pretty harsh for lying. It made me think of what our consequences are today in regards to punishment for lying. If you stop and think about it, our Presidents and Politicians don't normally get in trouble for an abusive act, it normally is the lying about it later that gets them. Regardless, lying is a troublesome deal which made me remember a story.
Many years ago when I was married to my ex-husband he had a business trip to New York that he was not very excited about. He had a 3 hour delay before his plane even took off, 2 hours extra up in the air and 3 hours extra on the tarmac waiting in the plan to taxi in off the runway. He was miserable and wanted to get off of the plane. When the airline stewardess asked if there was anything she could do for him, he decided to lie and say he was feeling very very ill and had to get off of the plane. Of course, no one on the plane was happy to be sitting there. All of the passengers had a miserably long travel day.
My ex thought that this lie would get him off of the plane faster. Wrong. An announcement came over the loud speaker declaring his illness and that everyone must REMAIN seated until emergency personnel had come to the gate. No one was allowed to get their bags from the overhead compartments and my ex had to remain seated as well. 20 minutes later, the doors opened and emergency crews came in with a portable fold out wheelchair, designed to the specific isle size of an aircraft hallway. My ex was a very big guy so the image I can give you all reading this blog is that it was like trying to stuff an adult into a 5 year old's shirt. He tried to decline the wheelchair but at that time, they INSISTED! He squeezed into this wheelchair and allowed the medical technicians to push him to the front of the plane, all the while completely embarrased because the glaring of the other passengers. The wheelchair hit the metal barrier and could not clear itself onto the ramp. My ex let the techs try and try and try to get him over this until finally he stood up (the wheelchair was still stuck to him) he hobbled past the barrier and sat dutifully back down so they could wheel him to the airport medical station. All in all, he didn't leave the airport itself for another 5 hours. When I finally received his phone call the next day he told me the story and said..... that is what I get for lying! It took me a day longer than it would have if I had only told the truth. My only response is that I couldn't stop laughing and giggling. I love karma when it acts immediately.
Many years ago when I was married to my ex-husband he had a business trip to New York that he was not very excited about. He had a 3 hour delay before his plane even took off, 2 hours extra up in the air and 3 hours extra on the tarmac waiting in the plan to taxi in off the runway. He was miserable and wanted to get off of the plane. When the airline stewardess asked if there was anything she could do for him, he decided to lie and say he was feeling very very ill and had to get off of the plane. Of course, no one on the plane was happy to be sitting there. All of the passengers had a miserably long travel day.
My ex thought that this lie would get him off of the plane faster. Wrong. An announcement came over the loud speaker declaring his illness and that everyone must REMAIN seated until emergency personnel had come to the gate. No one was allowed to get their bags from the overhead compartments and my ex had to remain seated as well. 20 minutes later, the doors opened and emergency crews came in with a portable fold out wheelchair, designed to the specific isle size of an aircraft hallway. My ex was a very big guy so the image I can give you all reading this blog is that it was like trying to stuff an adult into a 5 year old's shirt. He tried to decline the wheelchair but at that time, they INSISTED! He squeezed into this wheelchair and allowed the medical technicians to push him to the front of the plane, all the while completely embarrased because the glaring of the other passengers. The wheelchair hit the metal barrier and could not clear itself onto the ramp. My ex let the techs try and try and try to get him over this until finally he stood up (the wheelchair was still stuck to him) he hobbled past the barrier and sat dutifully back down so they could wheel him to the airport medical station. All in all, he didn't leave the airport itself for another 5 hours. When I finally received his phone call the next day he told me the story and said..... that is what I get for lying! It took me a day longer than it would have if I had only told the truth. My only response is that I couldn't stop laughing and giggling. I love karma when it acts immediately.
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