Monday, October 27, 2008

Back to the same theme

Just in my last post I have talked about immigration law issues. Then I have checked discussion board for my class and found this link to the New York Time's pictures Friendships at the border. I was "touched" by this

. . . a Democrat who represents the area, has urged the Department of Homeland Sceurity not to build in the park. "It's harmful to the kind of family culture we have at the border," he said. "It is one place, certainly, in San Diego, where we talk about friendship at the border."


"[H]armful to the kind of family culture"?? but what culture? Apparently he meant the culture of the country-neighbor, Mexico. I understand that the US at this time has more Mexican aliens than of any other national origins. But, why for this reason, we should be more pitiful to them than to other aliens. Why do not Americans worry as much about those who came, for example, from Europe? They also have families, some of them also cry when they leave their relatives. I do not like this "discrimination." If you want to take care of aliens from neighboring countries, then do not make others "equal but separate." If Democrat representative worries about "harmful" fenses between families, then he should pay for big cruise ships and allow other aliens at least once a year see their relatives like those on the pictures do through the fense.

P.S. yes, I am too harsh today, but those pictures of crying aliens near fence annoy me.

Immigration law

it is another class I am taking - Immigration law. I think students in that class hate me :-( and I feel uncomfortable about it. You know why they hate me? We talked about rights of aliens in this country, in the US. Everybody said that rules of immigration law are harsh (we were discussing deportation rules). Judges in assignment cases and students in class say that long term living in the US creates strong ties between an immigrant and this country, and, therefore, Congress should not deport without Due Process, without strong grounds and etc.

I said (what a joke, because I am an immigrant), that if a person has an opportunity to get a citizenship then he/she should get a citizenship showing by this the devotion that a person has to the country and the appreciation to this country for what it gives a person: a right to live, to prosper. If you decided to be a legal permanent resident for years and years and you do not want to strip yourself of rights and obligations you have before another country, then it is your problem that you committed a crime and now the government wants to deport you to the place where you, in fact, belong. Yes, I think this way. If you live here, then do not mess around between two countries, decide and live or leave.

Contra arguments were
1) many aliens cannot get a citizenship because they do not have money and time to learn English. - I do not accept this one. It is silly. If you want to speak English you will learn, you will find job with English speaking personal, you will learn it by sitting in toilet during your breaks with flashcards of words. Just try to have a wish. Money? Of course, you will not have money if you do not speak English, then you are on low-paid jobs. Moreover, you may save if you really want it.

2) another contra argument was that the US is the country that accepts even those ho do not want to follow the US Constitution, it is the country where a person can live in a shack and burn an American flag every day.
I find here some point, I admit it. So glorious freedom that Americans like to be proud of. But what came first into my mind were Americans who live in this country, enjoy protection and benefits and say that they hate the US. I do not want this country to be such a rotten place. and I do not think it is right (or I might say correct, obviously not politically correct) to further such behaviour of our citizens, and of course we should not allow aliens to do that. Why? Because a country survives due to loyalty to the country. Look at Ukraine and Russia. There is no loyalty left, everybody pulls benefit for himself without thinking about others. Those countries are almost destroyed. BTW, this freedom is so symbolic. In general, the US is really policing country, not so many things are allowed here. Of course, you may live in shack, do nothing, ask for money, and get free food stamps. I do not think Americans must be proud of this example.

Perhaps, I was brought up in conditions where people were proud of their country and believed they do best for it. Therefore, I want the US, it is my country now, had citizens who like it, who respects it, but not who wants to destroy, to break.

This is my word and I am not stepping back. I might stop talking in class, because I feel I ask for hateredd form others. I do not want to have this image. I am not bad. Really!

Life is full of .... [fill a blank]

So what did I do today? I had a midterm on Income Tax class... yeahhh ... I was behind in studying and therefore I was nervous like never booooo... I did not sleep. Actually, I slept 3-4 hours at night... I studied and after I could not fall asleep. What a life! Consequently today I was exhausted and tired. Exam was easy. The problem is that I have realized that after I wrote an exam and left a classroom. What do I think of the exam? I failed ... [cursing]. I forgot to answer third question - yes forgot, even though I might have known the answer, and I messed up parties (as always) of the transactions (no suprise for me). as a result I applied wrong rules. I am miserable now and I want to cry but I do not have tears. The point of this giberish is not complaining (enough of it I had on these pages), but to discuss the fact of life - I study for exam and do not sleep at night, because I want to have a good result, and then I come to exam and almost fall asleep there, at least my mind did this. As a result I will have result not better than if I slept at night instead of snoozing above a textbook. Conclusion? study smart! do this step by step. I avoided that and here is the result :-(((

Wednesday, October 22, 2008

My pain

I am working on my memo for judge now. What a pain. Imagine, what a horor to know that you are really bad writer, and then, after you wrote some shit, that lacks grammar and sense will be read by a person who was for a decade on the bench. I freak out. In addition my unskillful writing, I am behind my due date and this freaks me out even more.

An interesting fact is that I've done my research, I know what I want to say, but when I try to put this on paper, nonsense comes out or just non-writing mood. I guess I do not have to tell you much if you have read my blog (or at least a couple of posts).

How is my law school life? Every day I tell myself - "My life SUCKS" and there are no other thoughts excepts during nights when I am troubled by lack of sleep. Indeed, you should believe a person who says 2L is easier. It is, just because you know what you are doing. You understand that you have no idea what Justice wanted to say in a case, not because you are stupid, but because the writer of an opinion was (or is) stupid and vague and ambiguous. It might appear to you that he wrote his opinion in one night being drunk after dozens of glasses of whisky. BUT... 2L is much busier and this sucks. I have 4 classes, I have a journal, a judicial internship. All this is hanging above my head and I see it as nothing more but an old stinky rope rubbed with even stinkier soap. You know what I want to do? Hang myself. Then I forgot about my misery of 2L life and misery of fear finals.
rrrrr....

Saturday, October 18, 2008

Now I know why I like Dobermans so much...

... I like taxes and doberman is the IRS dog :-)))

The IRS Dog: Doberman Pinscher
Fun tax fact of the day: The first Doberman Pinscher was bred in 1890 by Karl Friedrich Louis Dobermann -- "a tax collector who frequently traveled through many bandit-infested areas, and needed a protection dog to guard him in any situation that might arise. He set out to breed a new type of dog that, in his opinion, would be the perfect combination of strength, loyalty, intelligence, and ferocity." Ben Cunningham.

Source: TaxProf Blog
More about Doberman Pinschers here

Wednesday, October 01, 2008

Don't you love it???

"A test that everyone passes is not a test at all."
Commissioner v. Groetzinger, 480 U.S. 23 (1987)(Justice Blackman)

I also would add that it should be easy to understand and of course feasible to apply. How often do you see those???