苦兒千里尋生計，久陷囹圄終返鄉

在經濟不景氣一文裡我提到Jonathan﹝假名﹞的故事。Jonathan是印地安原住民，他偷渡入境美國，在邊境被抓，被拘於少年中心裡大半年。在少年中心裡他的精神每下愈況，有自殺與逃跑記錄。最後他成為我的pro bono client，我幫他爭取到免費遣返瓜地馬拉，不用留下犯罪記錄，並且請當地的組織補助他的家庭。

與我合作的非營利組織最近發了一篇新聞稿，以下節錄其中提到Jonathan的部分﹝此文中他叫Jaime，也是假名﹞。

A Champion of Unaccompanied Children in the United States

When return is the only option

Jaime came to the United States from Guatemala in August 2008, when he was 17 years old. Jaime was one of 9 children in a very poor family that often went hungry. Jaime’s father’s job in the sugar cane fields was insufficient to support the family and his mother was often ill; at times, the father had to take her to the hospital and attend to her medical needs, which meant the loss of his meager income.

Jaime has worked since he was 7 years old. When he was 16, his father told him that he had to go to the United States because the family could no longer support him. Jaime’s father borrowed money to pay coyotes who took Jaime to the Arizona desert and abandoned him. Jaime was found by Border Patrol and put into US custody, where he became depressed. Because of his fragile mental state, Jaime was not eligible for foster care and was moved to a shelter where he was not allowed to leave the building to attend public school.

After many hours of work on the case, 合夥人, associate 麥可青蛙 and Jaime realized that voluntary departure was the only option. Voluntary departure permits a child to leave the U.S. within a designated amount of time in order to avoid a deportation order and allows a child to return to U.S. in the future, should he or she have a legal way of doing so, without encountering bars to admission that normally apply to someone who departs the U.S. under a final order of removal. In addition, because of a change to US immigration laws last year, the US government will also pay for Jaime’s trip home, an essential factor since the vast majority of unaccompanied children lack the resources to finance their trips home by themselves.

“It is vital for children to have lawyers in voluntary departure cases to help the child understand what is happening. Children, particularly foreign children, should not have to appear in court or navigate the complex U.S. immigration system alone, regardless of their form of relief,” 麥可青蛙 said.

有趣的是，上面的引言其實不是我說的，是公關人員準備的。我只有稍微改幾個字而已。

My daily routine

7:05 AM Wake up.

7:08 AM Call Leslie. "Oil is so expensive in California." "But Shia and Sunis finally ceased fire in Iraq."

7:45 AM Take cold water shower. Brush teeth. Gasby.

8:20 AM Kellog cereal and milk. Prepare lunch box.

8:30 AM Leave to school. Oil $4.65/gallon.

9:02 AM Arrive Univ. of La Verne. Late for class.

12:45 PM Class ends. Hungry. Subway, eat fresh!

1:15 PM Enter the library. No internet no phone signal no talk.

2:10 PM Fall asleep in library. Coffee.

6:52 PM Microwave lunch box. Meat and rice.

7: 40 PM Fall asleep in library. Mint.

10:00 PM Leave Univ. of La Verne. Oil $4.75/gallon.

10:30 PM Arrive home. Cousin playing World of Warcraft.

11:00 PM Watch Law and Order. DA: "Objection! Your honor." Judge: "On what ground?" DA: "I'm too good looking!" Judge: "Overruled."

11:30 PM Call Leslie. "Oil is so expensive in California." "But universal health care is too expensive in recession."

11:45 PM Take cold water shower.

12:00 PM Set alarm at 7AM. Go to bed.

One of my favorite opinions

This is probably interesting only to law students. It's a very popular case, often used in legal writing class for case search assignment. I try to translate some key terms to make the reading easier. It is also good English writing. To those who are not familiar with US jury system, the Texas jury is known to be very friendly and generous to plaintiffs (德州陪審團判賠給原告是有名的大方).

Republic of Bolivia v. Philip Morris Co., Inc., 

Civil Action No. G-99-110 (March 1, 1999)(Kent, J.).

39 F. Supp. 2d 1008 (D. Tex. 1999)

Plaintiff, the Republic of Bolivia, brings this action to recover from numerous tobacco companies various health care costs it allegedly incurred in treating illnesses its residents suffered as a result of tobacco use (玻利維亞共和國控告美國煙草公司並索賠). This action was originally filed in the District Court of Brazoria County, Texas, 239th Judicial District, and removed to this Court on February 19, 1999, by certain Defendants alleging jurisdiction under .... (原告原本在德州的Brazoria郡提告，後來因種種理由移至本庭). For the following reasons, the Court exercises its authority and discretion pursuant to 28 U.S.C. Section 1404(a) to sua sponte transfer this case to the United States District Court for the District of Columbia (本庭基於以下理由將本案轉交DC法院處理(也就是我現在唸書的地方)).

This is one of at least six similar actions brought by foreign governments in various courts throughout the United States. The governments of Guatemala, Panama, Nicaragua, Thailand, Venezuela, and Bolivia have filed suit in the geographically diverse locales of Washington, D.C., Puerto Rico, Texas, Louisiana, and Florida, in both state and federal courts (至少六個國家在美國不同地方對煙草公司提告). Why none of these countries seems to have a court system their own governments have confidence in is a mystery to this Court. 

Moreover, given the tremendous number of United States jurisdictions encompassing fascinating and exotic places, the Court can hardly imagine why the Republic of Bolivia elected to file suit in the veritable hinterlands of Brazoria County, Texas (Brazoria郡鳥不生蛋). The Court seriously doubts whether Brazoria County has ever seen a live Bolivian … even on the Discovery Channel. Though only here by removal, this humble Court by the sea is certainly flattered by what must be the worldwide renown of rural Texas courts for dispensing justice with unparalleled fairness and alacrity, apparently in common discussion even on the mountain peaks of Bolivia! Still, the Court would be remiss in accepting an obligation for which it truly does not have the necessary resources. Only one judge presides in the Galveston Division (也就是Kent法官大人)–which currently has before it over seven hundred cases and annual civil filings exceeding such number–and that judge is presently burdened with a significant personal situation which diminishes its ability to always give the attention it would like to all of its daunting docket obligations, despite genuinely heroic efforts to do so. And, while Galveston is indeed an international seaport (雖然本庭所在地也算是一個國際港), the capacity of this Court to address the complex and sophisticated issues of international law and foreign relations presented by this case is dwarfed by that of its esteemed colleagues in the District of Columbia who deftly address such awesome tasks as a matter of course.

Indeed, this Court, while doing its very best to address the more prosaic matters routinely before it, cannot think of a Bench (法院) better versed and more capable of handling precisely this type of case, which requires a high level of expertise in international matters. In fact, proceedings brought by the Republic of Guatemala are currently well underway in that Court in a related action, and there is a request now before the Judicial Panel on Multidistrict Litigation to transfer to the United States District Court for the District of Columbia all six tobacco actions brought by foreign governments, ostensibly for consolidated treatment (波利維亞在DC另有一個案子進行中。同時長官要求把這六個案子集中起來). Such a Bench, well-populated with genuinely renowned intellects, can certainly better bear and share the burden of multidistrict litigation than this single judge division, where the judge moves his lips when he reads….

Regardless of, and having nothing to do with, the outcome of Defendants’ request for transfer and consolidation, it is the Court’s opinion that the District of Columbia, located in this Nation’s capital, is a much more logical venue (管道) for the parties and witnesses in this action because, among other things, Plaintiff has an embassy in Washington, D.C., and thus a physical presence and governmental representatives there, whereas there isn’t even a Bolivian restaurant anywhere near here! Although the jurisdiction of this Court boasts no similar foreign offices, a somewhat dated globe(地 球儀) is within its possession. While the Court does not therefrom profess to understand all of the political subtleties of the geographical transmogrifications ongoing in Eastern Europe, the Court is virtually certain that Bolivia is not within the four counties over which this Court presides, even though the words Bolivia and Brazoria are a lot alike and caused some real, initial confusion until the Court(法官) conferred (諮詢) with its law clerks (助理). 

Thus, it is readily apparent, even from an outdated globe such as that possessed by this Court, that Bolivia, a hemisphere away, ain’t in south-central Texas, and that, at the very least, the District of Columbia is a more appropriate venue (though Bolivia isn’t located there either). Furthermore, as this Judicial District bears no significant relationship to any of the matters at issue, and the judge of this Court simply loves cigars, the Plaintiff can be expected to suffer neither harm nor prejudice by a transfer to Washington, D.C., a Bench better able to rise to the smoky challenges presented by this case, despite the alleged and historic presence there of countless "smoke-filled" rooms (DC有許多"菸室"，也就是密室政治的地方). Consequently, pursuant to 28 U.S.C. Section 1404(a), for the convenience of parties and witnesses, and in the interest of justice, this case is hereby transferred to the United States District Court for the District of Columbia (案子還是轉到DC去吧).

IT IS SO ORDERED (准此).

底片，不要跟我說再見 Don't say goodbye, film.

It seems like yesterday that I was walking on Han-Ko Street (漢口街), looking for my first SLR (single lens reflex) camera. That was a summer weekend. I was a sophomore student, eager to express my thoughts and to distinguish myself from my peers. I needed a hobby that could show my aesthetic perspective and capture the most dynamic days of my life. Although I have been taking pictures since I was a kid, it was only then did I start to seriously use camera as a tool of creation.

Actually, my first SLR was a Minolta SRT-102b, an old mechanical camera that was a gift from my uncle. Subsequently I got 3 lenses for that camera. The Minolta did not serve me long because I was never satisfied with the image quality and bulkiness.

At the end of that afternoon on Han-Ko St., I got the first SLR that I actually paid money for--a Contax Aria. It is a tight, black, mechanical camera that only needs battery for its metering system, similar to my old Minolta or the then popular Nikon FM2. On the same day I bought 2 lenses --Planar 50/1.7 and Distagon 28/2.8--some films, a camera bag, and a lens cleansing set. It was as of yesterday that I was carrying my new toys home on the metro, excited and worried that I might have spent too much money on a hobby that will not last long.

The Aria brought me into a new world. I started to take lessons in photography and darkroom. Shutter speed, aperture, focal length, process time, zone metering, color temperature, etc. etc. The hobby that I expected to have low-threshold and shallow learning curve turned out to be a fiesta of chemistry and physics. Never did I complain about the overwhelming knowledge. In fact, I probably enjoy the science more than the art of photography.

No one realized it was the dusk of film photography. Films were cheap. Darkroom was mysterious and cool. SLR was equipment for adventurist of life. After every tour friends will re-convene to share pictures and see slides projected on a big white screen. Each shot was taken carefully because the second shot costs another frame of film. It was a time when pressing the shutterbug is making a decision; when recieving pictures back from the photo lab is a rediscovery of memory.

Was I a good photographer? Not at all. Two years after I got my camera, I realized I was just using the camera to capture the moment rather than to create something innovative. I realized I am a photography opportunist, that is, I only take good pictures when a beautiful scene presents itself. Like most people, I take good pictures when I'm shooting children, animals, speactular landscapes or people that I care. These pictures are good not because I'm good at photography, but because they are beautiful themselves. I didn't experiment; I didn't fake "hip" pictures or pretend I have a sharp style.

It took me another 2 years to realize that's OK. I don't have to be the most creative or skilled photographer to claim I am a photographer. I don't have to claim I am a photographer. Whether I enjoy the process, the product, the equipment, the science or the target does not matter; all it matters was that I was having fun. And I had so much fun.

Eight years have passed since the day I was on Han-Ko St., my Aria is still serving me well. There have been scartches and wears on my camera and my lens, but my Aria never disappoints me when the slides return to me from the photo lab. Sometime I shoot more intensively, other times I may be too busy to pick up my camera. But whenever I feel like taking pictures, my Aria will be ready in the camera bag, waiting for me to bring it out.

Soon I will buy a digital camera. The cost of films and the convenience of digital camera will no longer justify shooting films. Soon my Aria will be shelfed in a closet or a box; perhaps waiting to inspire a new generation. Soon I will forget about those films I had spent on my Aria, and all the excitements they have brought to me. But before that day, don't say goodbye.

Another letter to Bennington

Dear Mr. Edgar,


You entered apartment #1419 to repair the dryer today. You left a working order that states “check dryer. It is blowing hot air.” Indeed the dryer will always blow hot air when you first turn it on. But the hot air will not continue for more than 5 minutes. To see it yourself, I suggest you throw a wet towel in the dryer, turn it on, and then come back in 5 minutes. I guarantee you the dryer will be shut down when you return. A dryer that blows hot air for less than 5 minutes is as useful as a toilet that cannot flush.


I would appreciate you repair the dryer to its full condition. This has been the fifth times I file a repair request about the dryer. And every time, the maintenance persons seem to leave the property in a hurry when they feel the first breeze of hot air. Please stay a little longer. Do not leave until you witnessed the dryer function for more than 5 minutes. Feel free to drink the beverage in the refrigerator while you are waiting. I have no doubt the dryer will not perform any better when you are present than what I’ve seen in the past few months, that is, it will not work for more than 5 minutes. As unpleasant as the recent weather is, it is ironic that a continuous hot air could be found everywhere but the place that needed it most--my dryer.


And if you confirmed that the dryer could not function for more than 5 minutes; and you realized even with your expertise, the wicked dryer still refuse to be repaired, I appreciate you replace the dryer. Particularly, I prefer you replace it with a dryer that could work a full cycle.


Thank you for your work.



Sincerely,


麥可青蛙

An efficient routine (summer intern)

8:30 alarm ring

8:41 wake up

8:55 dry shirt, iron hair...no, wake up...dry hair, iron shirt

9:06 start car engine. Shakira on radio

9:35 arrive office

10:10 make a cup of tea

1:00 have lunch. not pizza again.

2:31 fall asleep

2:32 make a cup of coffee

4:21 look at the clock, check email

5:04 look at the clock, check email

5:06 look at the clock, check email....

6:00 print something, pretend to be busy

6:17 leave office. Shakira on radio

8:00 have dinner + CSI: Las Vegas

10:00 study for patent bar, apply for job

12:00 MSN

12:40 lay on bed. read a few pages

1:00 set up alarm. fall asleep

Law Review

Few days ago I learned that I did not make it to the Law Review. That is not surprising, since I never turned in my competition assignment.

Several classmates in (maybe half of) my small section class made it to one or the other law journals. Those classmates include Augustine, Karen, Laura, Kathy, etc. Congratulation to them! This is an achievement since GWU Law only has 5 journals. Other law school with similar or smaller class size has much more journals than GWU (ex. Georetown has 15 journals).

Although I never expected or seriously imagined myself joining the law review, I still feel somewhat lost when I heard the name list. Although it was a battle--a time-limited, massive-reading, smart English writing competition--that I knew I have little chance, I still felt defeated by the winners of the battle.

"That is not my game", I try to remind myself, "an English writing competition will never be my game." How I feel was vividly portraited in the book "One L," in which the main character described how he changed from not caring about the law review at all to suffering the depression when he learned that he failed to make the law review; how a high-achiever was encouraged and harmed by the competitive atmosphere of the school. I don't feel nearly as bad as he did. But "joining the law review would have been nice" I wonder.

Absence all the excuses, I do appreciate one precious reward from the competition experience--I know one more thing that I'm not good at. After doing poorly in guitar, jazz percussion, piano and singing (singing was really bad), I learned to focus on things that I'm better at and enjoy learning things that I'm still, well, learning.

Odyssey Banquest

The very generous firm that I'm interning right now hosted a banquest on Odyssey on a Friday night.

The purpose of the banquet was to establish relationship with foreign clients, who came to the firm to attend a 1 month training program. Summer interns, including me, were just lucky to take advantage of the event.

Odyssey is a flat ship that cruises along the Potomac river. It departs at 8PM and returns to the port at 11PM. On the deck of the ship one could enjoy the night of Washington DC. The food was ok, but the scenary was amazing. Washington Monument, Lincoln memorial hall, Thomas Jefferson memorial hall, Raegan airport, War College, etc.

There was dancing on the boat. Surprisingly most asian clients, those from Japan, Korea and Mainland China, really enjoyed dancing and refused to leave the boat when the ship returns. The Koreans had no problem emptying the bar. The tour ended at 12 PM, an hour later than expected.

The internship so far has been much more fun than I expected. Although a no-intern-only-vacation summer vacation would be much better. Alas, I guess the only chance I could ever have another summer vacation is to pursue an academic career......

Reflection

One day in May, when I checked in a hostel in Cambridge, UK, I met an Indian man.

Around 45 years old, he was lying on the lower level of a a dorm-like double bed when I entered the room. He was doing nothing but lying.

First I wondered what's wrong with him. Why would a person who traveled from so far away, to such a beautiful place on such a glamorous day, stayed at the hostel and lied on his bed?

Later I realized he was not just killing his time or idling. He wasn't spending his time for nothing. His eyes showed spirits. He was looking at the ceiling but his mind was searching somewhere inside. I learned that his name is Vikram and he came for a conference in Cambridge.

He told me that everyday, he finds an hour or two to do nothing. "Nothing?" I ask. He said nothing, is a misleading word. "I reflect on myself, and ask what I've done today."

"I do not ask what I've not done today. But ask what I've done but did not fully appreciate."

"My time goes by faster than you, Michael. I cannot rush by everyday blinded."

After meeting Vikram, the pace of my UK trip slowed down. I can travel anywhere, I think, because everyday is a trip.

I'm looking forward to a trip that offers spectacular landscapes, combined with space to reflect. I had the luxury to do that on my Amazon River trip, of which every night I sit on the deck of the boat, admiring the reflection of the moon on the Amazon River.

A trip to Tibet is also something I wish I could join. Yellow desert, starry night, the sound of Jeep's engine. One day I will visit Amazon again, and I will visit Tibet.

* * *

I started this article one and a half year ago. Never was I able to finish it until someone told me about Tibet.

The end of 1L

Read and outline until 3 AM. Wake up at 8 AM and start practicing exams. At 11 AM, Drag my luggage bag that is packed with casebooks, supplemental materials and class notes through the metro to the classroom. Swallow lunch in 15 minutes. Find out the exam room on the blackboard. Setup the notebook and deep breath 3 times. Flip over the exam and begin.



mmmm….there are 3 issues in Question 1. Issue 1: this is the reason why A is right and B is wrong. However, B may argue this reason. But still, A should win because of that reason. Next issue. B should win because A failed to show this and that. However, if B could show that and this, B will win. But still, even if B show that and this, if A could point out this and that, B could not win….Next issue…



Exam end. Deep breath again. Go home and take a nap. Wake up at 8 PM and prepare for the next exam.



What? There is no next exam?



After I finished my Civil Procedure (民事訴訟法) exam at 5PM on May 4^th, 2006, my first year (1L) ended. After I submitted my exam electronically, in my heart I raised both my hands high. “YES! I’M DONE!” I shouted, again in my heart.



People say surviving the 1L is itself an achievement. But the atmosphere at school was not as high as the end of the first semester. As usual, the school threw a party at us at the night the last test ended. The school reserved a night club. I arrived at ten and found 200 drunk and crazy 1L busy hugging, kissing to congratulate each other and intoxicating themselves. Aaron, particularly, was so drunk that he had to lie on the road outside of the pub.



I arrived the pub late and left early because classmates I’m more familiar with had left, were drunk, or disappeared. I left to home driving with high spirits nevertheless. It was a relatively quiet end of 1L. And on my way driving to home, I was happy to put everything in the 1L out of my mind for a moment.

Letters waiting in my mail box everyday

Dear Mr. Chou,

Thank you for your interest in our firm. However, our Summer Program, if it is decided to have one, has not traditionally been extended to first year law students. Please fell free to touch base with us again next year.

On behalf of the firm, we wish you the very best in all your future endeavors and continued success in law school. Thank you again for your interest in our firm.

Dear Mr. Chou,

Thank you for your recent communication concerning employment with F & S, L.L.P. Unfortunately, we have completed our recruiting efforts for this season and are therefore not in a position to consider you for the upcoming summer. Our inability to consider your application, now, however, is in no way a reflection on your qualifications.

Dear Mr. Chou,

Thank you for your interest in our student associate position at S & F, L.L.P. Our Recruitment Committee has considered the candidates who have applied with relation to our employment needs.

Although we are very impresses with your credentials, we have thoroughly reviewed our hiring needs and find we will be unable to offer you a position at this time. We are in the fortunate position of having received many outstanding applications and have thus had to make some very difficult choices.

Dear Mr. Chou,

Given our limited number of available 1L positions, I am sorry to report that we will not be able to consider you for a position in our summer program. With many outstanding candidates such as yourself, our decision was not easy.

Dear Mr. Chou,

Thank you for your inquiry regarding summer associate positions with our firm. Due to the success of our fall on-campus recruiting, we have determined that we will not be able to offer you employment at this time. However, we do encourage you to reapply in the fall of our 2007 summer program.

Dear Mr. Chou,

Thank you for your inquiry about possible summer employment with our firm following completion of your first year of law school. Unfortunately, we are unable to extend an invitation to interview with us at this time.

* * * * * * * * * * * *

After the third rejection letter, I stopped feeling anything. Rejection is expected since I, as an 1L, have not built up any credential to demonstrate my capability. The lawyer market in America is like Major League Baseball--the toughest competition in the world.

A few weeks ago I attended the our school's moot court competition. The competition is basically an imitation of an appellate argument (上訴) in front of the higher courts, such as Circuit courts (高等法院) or the Supreme Court (最高法院). The issue in dispute is about whether one is protected by freedom of expression (言論自由) when he puts in a CD some inaudible insulting language (在CD中插入攻擊性的言論，但是必須要在快轉CD時才聽得見), which cannot be heard unless the CD was fast forwarded.

The argument was great fun. Both teams composed of 3L students performed well. The bench (法官席) constituted of the newly-elected Chief Justice (首席大法官) John Roberts, and two justices from the Second Circuit (第二巡迴高等法院). For those of you who are not familiar with the US government system, the status of Chief Justice in the judicial branch (司法系統 ) is similar to the President in the executive branch (行政系統).

What amazed me the most during the competition, however, was the awe the Chief Justice enjoyed. Everyone in the auditorium had to stand up when the justices enter the bench, and when they leave the court. You "explain" to the justice, but you never argue with the justice. When justice ask a question, you answer the question. What the justice decided is final, at least in a fairly long time. The justices' power, albeit sporadically checked by the higher court, is only limited by the justices' obedience to the law.

I envy that power, and hope one day I will possess that power. Not necessarily as a judge, but as some kind of legal professional. The competition reminded me that the reason I entered the law profession, is to obtain the power to significantly affect others' life; to witness and participate in the most intimate crisis in ones life; and to resolve and judge the crisis with the value that I believe in.

I get rejection letters everyday. But letters do not reject me.

Windstar 125 ﹝風神125﹞

My best friend in law school Karen asked me to put some Taiwan music on my blog. So here it is.

The song is called <Windstar 125>. Windstar 125 is a name of a 125 c.c. schooter. Just like "Camry" is a name of a car. This song is perfect for foreigh students and is currently my No. 1 favorite song.

It's actually not a Taiwanese song, but in Haka (客家話), written and played by Labor Exchange Band (交工樂隊). The lyrics is about a young man's journey. He grew up in the country side of Taiwan, but was never satisfied with his farming life. Instead, he dreamed of living big, shiny and glorious in a big city. One day, he secretly left school and his family and took a train in Taipei (the capital of Taiwan).

After several years of struggle, he failed and was frustrated. He missed the land and smell and sunrise of his home, but he was too embarassed to return without achievements. He missed his parents and his old grandmother. One night, he finally took his Windstar 125, and rode towards home.

When he got close to his home county, he started to pray for the moon to hide, for the gods to turn the lights of the roads off, so he can quietly return without notice. He saw the door of his home, saw his parents in the farm, saw the sunrise. And he left.

The song I put on here is a bad recording (don't know how to put on the album version). It was recorded in Jan 2001 at NTU student center, a live performance that I attended. I still remember my thrill when I first heard the suona horn (a windwood instrument, 嗩吶) raised. It penetrated my heart like John Coltrane's solo. It washed my soul.

To me, that suona is the sound of Taiwan, the sound of home.

The anticipation of grades

Today, at 5PM, is perhaps the most important moment of my entire law school career.

It's the time the first-semester grades are announced.

The anxiousness flew in the air. Professors after professors gave their "prep talk" at the end of each class, emphasizing how unimportant the grades are and how students with unsatisfactory grades should not lose their faith in law school. They would share their little stories, about how worried they were before the grades were published, but how insignificant the grades became after they look back many years later.

But of course we all know, the more they play down the importance of grades, the more important the grades actually are.

Apparently not too long ago, the school used to publish the grades, at once, on the wall of records office, AKA "the whaling wall." Students would crowd in front of the whaling walls and stand tall and long to find their grades. Students would look for their grades as anticipated as wives and kids comparing the numbers of whales their husbands have killed.

Nowadays they send grades online, which greatly diminishes the excitement.

Because of my Taiwanese education, which focuses mostly on one big test and cares little on GPA, I'm usually not a grade-sensitive person. In fact, I almost care too little about my grades. But after all the professors gave us those "cheer up" talks, I'm starting to feel the stress.....

Now, in about six minutes, I'll be able to see the value of my semester-long effort, and the value of myself in the prospective legal market.

Five minutes.....

Four minutes.....

Another complaint to Bennington ﹝給房東的一封抱怨信(2)﹞

Dear Amy,


Unfortunately I had to complain to you about relatively the same issue in such a short period of time. As I type this letter, I am again locked out of my door waiting for the locksmith.
It is midnight now, so I do understand you do not provide spare key during this period of time. That is not the issue here.


The fact is as below: yesterday I requested a repair of my dryer and the door light. The workers apparently efficiently finished the job today before I come home. Unfortunately, when they left, they locked both the upper lock and the lower lock. I only have the key to the lower lock since I moved in. Thus I am locked out now.


You may ask, if I didn’t have the key to the upper lock, why didn’t I request a key for the upper lock before this ridiculous accident happened? In fact I did request a key at the time when I first moved in. I (orally) requested a key from Hamid (the leasing manager), who walked through the apartment with me and promised to provide the missing keys to me (and my two other roommates) before he turned over the apartment. Those keys were never produced and I never bothered to re-request the key. Instead I only lock the lower lock ever since. Locking only the lower lock has never caused me any problem, until now, four days after the first time I called the locksmith.


If you (or Hamid) argue that I should have re-requested the keys and put the request into written documents, and if you argue that I have no proof that I’ve ever requested those missing keys, I would not be able to counter-argue because your statement is true. I do not have any evidence except the fact that none of the residents of Apt# 1419 ever received the key of the upper lock (therefore we couldn’t possibly locked the door from outside). I have no concrete support of my request of keys, except the common sense that residents would have requested all applicable keys before they move in.


You may find my recurring complaints annoying, or even suspicious. But I assure you that I do not enjoy being locked out of my apartment, at the midnight, waiting for the locksmith for almost an hour and a half by now. I do have personal business that I found more important than asserting frivolous claims. And I do hope you agree that the best way to prevent this kind of situation happening again (to any future resident) is not by holding the responsibility on the residents to relentlessly pressure the leasing office to generate the keys, but by holding the responsibility on the leasing office to spontaneously provide all keys before residents move in,.
Because I have never obtained the key to the lock locked by Bennington’s workers, I hereby request the reimbursement of the locksmith fee $160 (late night + difficult lock). Receipt and work order provided upon request.


I would also like to note that Shawn has been very friendly and helpful in this incidence. She could testify that I was indeed locked out of my door twice in 4 days, that I did not create these claims just to deduct my rent.


Sincerely,


麥可青蛙

Life is like a shit sandwich

When I was a child, I had an unconventional English teacher John. John likes to say: “life is like a shit sandwich. The more you eat, the less is left.” If life is a shit sandwich, then New York is the “Subway”—the biggest sandwich store on earth.


Lots of shit happened in my 5 days tour in NYC. To begin with, when I first arrived New York, I discovered my sublease room had a disgusting bathroom. It was a bathroom shared by three students but cared by none. There was grease on the floor, the shower curtain curls and sticks to anything that touches it (including human body).


The shit meter heightened when we started to use the metro. The smell and dirtiness of the underground system reminds me in which city I am. I’m always surprised how adventurous Americans can be to advance technologies and change business models, but at the same time be so careless to details and administrations. Americans can build the most complicated financial transaction system on the ground of lower Manhattan, but they can’t keep a safe and clean metro system under. Dust everywhere and the water never plumbs fluently. I used to be ashamed of the dirtiness of my own bathroom, but my pride was restored in New York. In comparison, my bathroom is not the dirtiest in the world.


The shit meter peaked at Time Square station. I need to change trains at Time Square Station so I walked to the elevator between the platforms. The elevator door opened. I stepped one foot in. And I stepped back and run. There was shit in the elevator. Human shit. Squeezed, already-stepped-on, aged human shit. The smell of the shit infiltrated the station, and pedestrians who were rushing to join the New Year count down at Time Square.
Of course there were good memories in New York. I even felt like Carie in Sex and the City as I type Carie-like lines: “Is it harder to find a New York metro station with a clean elevator? Or is it harder to find a New York man who can keep his shit in his bathroom?” New York is such a grand city that throws all kinds of pretty and ugly things into your face.


Perhaps the most memorable stop was at where World Trade Centers once stood. The place is now called Ground Zero. Where skyscrapers used to stand is now hallow. But memories prevailed and new meanings implanted. Looking at the now-empty scene behind the fence, I couldn’t help reexamining the purpose and priority of my life. And I thought that was the perfect way to start my new year.


As the new year begins, I hope everyone can start from Ground Zero, and step out of any old shit. I would also revise John’s favorite line: “Life is like a sandwich. If you eat enough, eventually you’ll enjoy it.”

Poor Bennington Management﹝寫給房東的抱怨信(1)﹞

過去一星期內兩次被鎖在門外，花了我$170元大洋開鎖。非常痛心。

話說我剛從紐約回到DC時，在房間門口才赫然發現房間門被由內往外鎖了。這十分懸疑，因為房間門沒有鑰匙，所以我出門時從不關房間門，更不會鎖 房間門。在一陣敲敲打打之後，由於已近半夜，Bennington(我的公寓)沒有工人在，只好找鎖匠開門。鎖匠花了兩秒鐘開門，要價$85。

這就算了。不管為什麼我的房間門會被鎖起來，至少這不是Bennington的責任。

星期六我出門忘了帶公寓鑰匙，回家時已是PM 4:40分。我跟Front desk要我家的備用鑰匙，那個死女人居然不給我備用鑰匙！她說因為已經過了PM 4:30，manager都已經下班了，她不能給我鑰匙。我氣得手腳發抖。不幸兩位室友一在波士頓一在台灣，最後只好又找鎖匠。又是$85元大洋。

回到家看當初簽的契約，也沒看到哪裏寫 office hour之後就不能拿鑰匙了。話說回來，備用鑰匙不就是在office hour之後，大家想回家的時候用的嗎？哪有人會在office hour回家的？總之又讓我不禁對美國管理的低素質低效率大聲罵一次幹。

* * * *

以下是我的complaint letter:

To whom it may concern,

I am a resident of Bennington apartment. This is a complaint of the poor service of the front desk. Yesterday, 2006/01/07, at roughly PM 4:40, I asked the front desk to provide me the spare key of my apartment. I had used the spare key once before. The lady at the front desk, whose name I don't know, refused. She told me that there is a policy that after office hour (which ends at PM 4:30 on Saturdays), when the managers are off-duty, she cannot give me the spare key. Eventually the only thing the lady can do is to give me numbers of the locksmith. I had to call the locksmith to enter my apartment, at the cost of $85 (receipt provided upon request).

First, I failed to find that policy on my contract. The only relevant agreement I found was on p.4 of the Resident Service Directory "Who hasn't found themselves locked out of their apartment, usually with six bags of groceries in hand and a phone ringing inside? If it happens to you, we'll be glad to give you a key, though we'll need to see some proper identification first...." The language suggests a strong willingness to provide the spare key. In fact, the language suggests a scene NOT during office hours. Nothing in the text mentioned that the spare key is only provided during office hours.

Second, assuming such policy does exist, then what's the point of having a spare key? Residents usually do not need a spare key until AFTER office hours. They need to WORK during office hours. They usually go home AFTER office hours. The front desk is supposed to exist to serve residents to their convenience. But the purpose of the assumed policy provides convenience only to the administration, not to the residents. I doubt how many residents expect that they can only get their spare keys during office hours.

Assuming such internal policy exists, I would withdraw my complaint to the lady at the front desk, who was merely strictly obeying the policy, and not doing anything else.

Unless there is any evidence that shows the "office hours" policy was agreed upon, I request a reimbursement of my $85 payment. Reciept provided upon request.

麥可青蛙

Snow!

Aaron and I were studying for our finals in the library. Aaron stressed out and went out smoking.

He came back and told me: "Hey! It's snowing."

He wasn't too excited because he's from NY. New Yorkers never get excited.

I said: "What? Seriously?" I was really excited because snow is rare in my country, Taiwan, a tropical island.

I heard about it. People talk about it. I know it's coming. I just didn't expect it to come so soon (I mean the snow, not the final).

So I ran down stairs, opened the door, and saw the snow blew over the city. This is my first urban snow. I've never seen snow in a city.

It was thrilling. Almost supernatural.

Library is like underwear, they feel all the same when you're in it. Studying in the library sometimes confuses me of my location. Am I studying in Taiwan? In California? Why am I always studying?

But the dark street and the omnipresent white powder that I ran into, suddenly transcend me to another world. The real world. The deep dark sky that seems to hide any emotion and the ice cold breeze that seems to wipe all feelings. I was stunned by the beauty of the nature, and ashamed of how senselessly I've been living. Dazingly I stood in the snow.

Until my head hurts. It was a little chilly so I walked back to the library.

Aaron looked at me with interest: "If snow excites you so much now; you will be overwhelmed when you see the white Christmas."

I said: "Once in a while is not bad, but not too often will be better" (I mean the snow, not the final).

* * * * * * * *

Just today I learned two good friends of mine have lost their close relatives. My best wish to them and to their family.

We are never strong enough to bear the lost of a family.

Although separated, we will continue the journey they left to us, and, I believe, they will continue theirs. And one day we will reunite.

Anderson v. Sears, Roebuck & Co.

Having fought to perfect an assignment for 4 consecutive days with less than 20 hours of sleep, and after receiving an unsatisfied grades from my midterm exam, I was frustrated and tired.

I lost contacts with friends and families. I lost contacts with televisions and movies. I lost contacts with me in the mirror.

No time to complain, I went home and finished dinner in 20 minutes. I cleaned myself in 10 minutes, fired emails in 10 minutes. I tore down and reassembled my assignment in 1.5 hour, killed Civil Procedure in 1.5 hour and terminated Criminal law in 1 hour.

Finally, at 12PM, the last three torts cases lies on my desktop, awaiting my torture. My focus is gone, and my bed is seductively crying for my attendance.

I do not complain hard work nor busy schedule, but I do not accept time in waste. My busy schedule forces me to run, but does not force me to feel. I have learned to artfully pinpoint and copy the knowledge within the text, but had no time to learn by heart or to establish my own thoughts.

Yes I learned discipline and persistence. Yes I learned hard working and being efficient. But I couldn't feel the passion of knowledge nor the joy of intellectual challenges. I become a test machine without fires in the eyes.

With no choice, I reluctantly picked up the Torts text book again, and sailed to the end of the day... Another hour passed and the routine seems never ending...

Alas, the third Torts case saved my day.

There is no happy story in Torts, and this one is one of the saddest. A young girl was burned in a house fire because of the malfunction of a heater. Forty percents of the infant's body were burned and her fingers wobbled together as the result of the melt of skin. She will have no hair and cannot talk normally. Her stomach will forever show the hand print of her mother, who died in the fire trying to protect her. She will have to go through 27 surgeries for the next 2 years. And if she makes it to juvenile, surviving inflammation and risk of cancers, she will begin to face rejections, stares and disgusts from people who she cares or who she doesn't care. She may never marry, and may never raise a kid and have a family.

Always I ask myself to empathy the characters in the case. This tragedy touched me as well as the judge who wrote the opinion deeply. I cannot imagine how the judge feels when he was listening the case, as much as he cannot envisage what the young girl will face in the rest of her life.

At the end of the case the jury awarded the girl 2 million dollars to recover what can never be recovered. The case ended at the end of page 523. The girl went on to her battle and the judge called in the next sad story.

And a first year law student who was losing faith, learned how fortunate he is.

A typical day for 1L

• 7: 00 a.m. Wake up.

• 7: 26 a.m. Wake up again, take a shower.

• 8: 13 a.m. Read newspaper on the metro.

• 8: 50 a.m. Torts class. Professor makes silly jokes to keep class interested. Failed.

• 11: 00 a.m. Criminal law/Contracts. Someone was killed/someone breached a contract.

• 12: 00 a.m. Civil Procedure. Smart professor try hard not to outsmart everyone. Failed.

• 1: 10 p.m. Have lunch. Oh not Wendy's again.

• 3: 24 p.m. Wake up in the library.

• 5: 00 p.m. Legal Writing Class. Double space, left justified.

• 8: 00 pm. Go home.

• 8: 40 p.m. Have dinner. When did I refrigerate this?

• 10: 00 p.m. Check email. Still no email.

• 1: 11 a.m. Sick of Civil Procedure. Go to sleep.

Solitaire

Although studying by myself for 4-6 hours is lonely and, not surprisingly, boring; there is a captivation in it. Studying hard is like running a marathon, it is an invaluable luxury to focus on one single goal, to pursue that goal with one's whole body and mind, and to enjoy finishing the job all by oneself.

* * *

Maintaining a blog may be the last thing a 1L needs in his busy schedule. But, nonetheless, as the law school materials heavily emphasize logic and intelluctuality, I need a channel to release my sensations.