Homicide

I.        Murder
        A.        The unlawful killing of another with malice aforethought
II.        1st Degree Murder
III.        2nd Degree Murder
        A.        Same as common law murder
IV.        Voluntary Manslaughter
        A.        Unlawful killing of another with reasonable provocation and no cooling off period
V.        Involuntary Manslaughter
        A.        Negligence resulting in the death of another

Property Crimes

I.        Arson
II.        Burglary
        A.        Trespassory breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony therein
III.        Larceny
        A.        Trespassory taking and asportation of personal property of another with the intent to permanently deprive to rightful owner
        B.        Taking away the victims possessory interest
IV.        Embezzlement
        A.        Fraudulent conversion of rightfully possessed property
        B.        Done by one to which the item has been entrusted
        C.        Intent formed after receiving the possession legally
        D.        Does not require permanent depravation of dominion and control
V.        Larceny by Trickery
        A.        When the owner of property is induced to part with possession due to fraud, trickery, or deception
VI.        False Pretenses
        A.        A false representation of a material fact (past or present) which causes victim to pass title to defendant who knows representation is false and intends to defraud the victim

Invasion of Privacy

I.        Invasion of privacy
        A.        Violates right to be left alone in private space
        B.        Words, affirmative conduct, or non-authorized publication about the plaintiff
        C.        Showing of intent, negligence or S/L
        D.        Intent
                a.        invasion
                        1.        serious and unreasonable
                        2.        rude/offensive
                b        behavior
                                i.        intrusion on solitude
                                ii.        public disclosure of private facts
                                iii.        presenting the plaintiff in a false light
                        4.        appropriating the plaintiffs image/likeness for commercial purposes
                c.        causation
                        1.        actual
                        2.        proximate        
                d.        damages
                        1.        emotional distress
                        2.        mental distress
                        3.        special or actual are not required
                e.        defenses
                        1.        consent
                        2.        fair comment and criticism
                        3.        1st amendment/FOS
        E.        Constellation
                a.        defamation
                b.        invasion
                c.        IIED

Readings to 3.1.06

King v Pear        255
Reginald v Hands        259
Reg v Thurborn        268
Hooper         266
                        268
                        271
                        272
Cooms                274
                        275
Brown                278
Langis                283
Del Monte        299
Skaggs                307
Stahl                311
Faulkner                312
Ashley                315
McGovern        350

Now, which blog?

I have the option of using blogger or of going back to wordpress. I think it's going to be wordpress since that was the best software for blogging I've used thus far. It has flickr incorporation which is a feature I hope to use more.

We'll see how that goes.

Notes

There is something to be said for documentation on paper.

I have my server running: had to wipe it clean. Did an install of mambo and am ready to go from comeuppance.net

What Unfunded Bad-Ass Will Lead The Revolt

I wanted to start a movement of NPO folks against the verizon purchase of mci. that's hopeless.

The folks I spoke to recieve verizon funding. Who hasn't been bought out that has the position to take a stance on this impending disaster for consumers and the economy? Only shareholders and equipment manufacturers will win out on this deal. Idiot IT manager like me are left here accepting the fact that there is no freedom to choose service providers. No freedom in america?

This makes me think of a friend's shirt that says, "The revolution will not be funded". That's so fucking true. Further, like Gil Scott Heron wrote, it will not be broadcast live...the revolution will be live. The question is, will we be watching?

Back In Action (or how I learned to stop worrying and love the blog)

I am forced to post here: SBC turned off my DSL on Sunday, and delusionally thinking it had to be a local network problem, I decided to mess with my RedHat 9 box that acts as gw, proxy, filter, etc.

Big fucking mistake: it was SBC and somehow, one of the changes gives RH9 kernel panic at boot. So, my old posts: gone; music (some which is copied on my mac): gone; my virgin but nice install of mamboserver: gone. That box was running for more than 2 years with very little downtime (apart from some power failures).

Now it's time to do a re-install of RH9. Part of me wants to FreeBSD the box (macs being BSD) so that I can practice my BSD skillz. One site I have to maintain is hosted on a FBSD box: it's interesting how linux gives you a good foundation but BSD is more locked down (both good but inconvinient).

Back to SBC. They turned off my account becuase they found the IP address tied to a phising scheme. Good detective work. They must have been using the patented GW Bush 'Ossama' strategy: "let's nail someone even if they are not the guilty party". Since I used residential DSL, the IP address is issued DYNAMICALY. That's like finding out a criminal uses a particular parking space and then waiting for the next person to park in that space and declaring them a criminal. Only in the amerikkka of GW Bush is this bullshit OK. SBC did't say sorry: they want me to look for *.php files on my computer.

Fucking barney logic!!!! Most web pages I work on have a php extension. PHP is a great programming/scripting language: why would having php files on your computer make you guilty? They also want me to run a virus scan. Fine, I have windoze machines on my network: but what is a virus scan going to tell them? And why do they need a copy of the virus scan log? Shouldn't carriers be more responsible about the shit their network carries? How about identifying dangerous/malicious payloads (intelligently [christ, we're fucked]) and blocking that at the SMTP and POP level (the protocols that let 'punters' get their mail).

So, as is evident, I am very upset. Upset also due to the lack of choice in this matter: SBC or cable. What about freedom where freedom is the ability to choose...oh, wait...like in 3rd party candidates...like in who will provide me DSL or cable (cable is another monopoly).



Good note: It was a chirla day. There was not a race riot today. A young person I know is thinking of applying for a WPI fellowship. A compadre is taking it to the woman, and the man, with elan, sardonic wit, and commitment. The things that keep me [mostly] sane.

LDIR Stuff
UCLA stuff in PDF
Mo UCLA
Economic Blight in Ktown
Dios mio! CSUN Ktown Profile (good)
New & Different Boundries
And now USC stuff

A potential tool from the state senate: California. Legislature. Senate. Office of Research. The South-Central Los Angeles and Koreatown Riots: A Study of Civil Unrest. Sacramento, 1992.
Government Documents [Desk] F869.L86S68 1992

So, I think I am ready for the LDIR retreat. It should be insightful, I am ready to ask questions of myself and others; I am ready to feel moderately uncomfortable.

One of the upsides is having at least two cool people I know I can talk to there in the event the discomfort is greater than anticipated.

I am very happy with some of my coworkers: they fall in to different cliques. There is a set of folks who are activists/organizers; there are those who are just pleasant and good natured; finally, as in many nonprofits, there are those who just work there and are not unpleasant about it.

Of course, my heart is with the activists/organizers. At the same time, I am fascinated by the good natured who in spite of being good natured do not take an active role in creating a better society. Of course, I guess being a good person is moderately helpful in the creation of that better society....Although I am a bigger fan of the persons who take an active role in creating that community and fighting for justice.

I am lately very contemplative about my physical nature. I really can't get enough physical contact. And, it doesn't even have to be overtly physical to be great. There are days that the look will make the day more tolerable.

Of course, maybe a bigger concern would be the what makes my day intolerable? Is it workload issues? General dissatisfaction over my financial situation (although, given how americans tend to carry debt and I am mostly debt free, maybe I shouldn't be concerned), or just the moderately suburban existence and the inability to break away from that reality by taking a trip to oases or Guatemala. I really need to skip town for a while.

Natalie, I shouldn't feel so bad for my situation if my partner, who has benefited from post graduate education, and has devoted her life to community health education. Now she is happy with her work but I know she is concerned about the issues of pay and time management.

Enough for today.