Did, sunday:
got high.
nick came over and we went thru the bills and he boarded up the windows.
i paid two bills, water and electric. $100 and $300.
court march 5.
received oil check $120.
wrote check for oil tax $30.
spent 1/2 hour looking for stamps.
due shortly: $30 for seat belt ticket or motion to set aside default judgement.
various letters about properties being confiscated.
cleaned bedroom.
emptied trash.
emptied recycling.
sorted food.
vaccuumed house.
swept stairs.
hung up shirts.cut my finger.
paid jesse $5 for monitor.
made bed- first time in a year.
mailed oil tax check.
watched malcolm in the middle.
next: bubble bath. - done.
then: clean hallway - mostly done
clean clothes off dining room table - 2d load laundry is in. put away first load. 2 to go.
sort papers on dining room table - done
open letter from icle - $150 fine and 6 hours.
find stamps? - done
pd mastercard $300
make february budget entries.
make february billing summary, possibly january.
this is not a public blog, just a place hwere i can leave myself notes. nothing to see here folks, move along.
Sunday, February 09, 2003
Friday, February 07, 2003
did friday: laundry two loads dishes, not much else.
newt scened with brian, i wrote a blurb about peter mcwilliams ans some wwdn stuff, but not much done.
called th etelemarking co again, went better today.
tomorow - open one H & H letter. adn one more chore, probably "make to do list
and list overdue chores.
newt scened with brian, i wrote a blurb about peter mcwilliams ans some wwdn stuff, but not much done.
called th etelemarking co again, went better today.
tomorow - open one H & H letter. adn one more chore, probably "make to do list
and list overdue chores.
Wednesday, February 05, 2003
wednesday:
make to do list.
pay electric bill.
look for info on cle's.
write some letter outlines.
hoitmail and email and eudora?
did today tuesday:
plasma, $20 not sure if anything else. bought coffee. $7 returned library book. electric bill is late - $3.
made a few more notes on majors, put in an hour's work on it. so that's an ok day.
make to do list.
pay electric bill.
look for info on cle's.
write some letter outlines.
hoitmail and email and eudora?
did today tuesday:
plasma, $20 not sure if anything else. bought coffee. $7 returned library book. electric bill is late - $3.
made a few more notes on majors, put in an hour's work on it. so that's an ok day.
Sunday, February 02, 2003
Friday, January 31, 2003
billing note friday 01-31-03 3pm onward, i am reconfiguring the election law list per discussion w richard winger, i just found the archives and will be reading then for about the next two hours. this is bllable to majors v abell because richard says the case is being discussed there and the info there is directly revelant to preparing the next brief. except that i'm going to take a bath and make some notes first so 3-3:30 then we'll see. can't count chickens before hatched.
other stuff i've been doing today. slept for 7-11:30. not sleeping enough and gaining weight and getting stuff done.. am i slipping back into mania? how do i test for that? look for online support groups? sigh.
other stuff i've been doing today. slept for 7-11:30. not sleeping enough and gaining weight and getting stuff done.. am i slipping back into mania? how do i test for that? look for online support groups? sigh.
strange night. surfing the web instead of doing any planned chores. wrote an essay on boycotts. updated my hotornot profile.
did a little cleaning up of my hotmail, needs more work. a good 4 hour task soon. should make a list of projects i'm overdue on.
wrote to some guy about sean. i introduced z to sean who took him for $600, so it's my obligation to see if i can sort that out somehow.
did a little cleaning up of my hotmail, needs more work. a good 4 hour task soon. should make a list of projects i'm overdue on.
wrote to some guy about sean. i introduced z to sean who took him for $600, so it's my obligation to see if i can sort that out somehow.
Thursday, January 30, 2003
nick never showed.
plasma $34. discussed getting a bookshelf for the plamsa center.
asked about a dishwashing job, not hiring.
got my dinner. cooking some of it now.
to do tonight: make budget for february.
to do tomorrow: call about electric bill.
work on better to do list to start feb off right.
drink some water. - plasma vamires.
mj and her brother marcus just came over.
plasma $34. discussed getting a bookshelf for the plamsa center.
asked about a dishwashing job, not hiring.
got my dinner. cooking some of it now.
to do tonight: make budget for february.
to do tomorrow: call about electric bill.
work on better to do list to start feb off right.
drink some water. - plasma vamires.
mj and her brother marcus just came over.
Dear Mr. Garrison:
My tasks for today were to calculate my expenses and income for january and formalise a to do list. Was that it?
January 2003.
Income: 678. (assumes 28 tomorrow plasma)
Outgo: 670.
breakdown at http://gttodolist.blogspot.com
Febuary: income so far- 290 joell rent (300-10 expenses.)
250 rent will all go to property tax on the 1625 property.
plasma income likely $200 max.
Seperate account: texas assets: paid $356 annual tax, cashed checks for about $240.
Budgeting february planned outgo will have to wait for another day,
looks $800 minumum.
Bank balance $4135, of which $3700 owed to bankone.
So that's one task done.
Next task might have been work on to do list, the part i did was list job leads:
list of places to apply:
cintas
dollar general
hotels downtown - adams mark
columbia club
legal ease temps, barristers.
national city bank
new mom and pop cafe on east washington
airport cleaning planes ata.
find the job placement place., was closed off by traffic.
call gay bars,
call restaurants, call the bathhouses.
saran.
gleaners.
Other stuff done today: wrote nice letter to mom.
Several social visits, joell, nick, jay, and some cute mormon.
Tasks for thursday: meeting with nick (if he doesn't bail.) plasma.
It is now 2:07 and bedtime, but hotmail won't let me send.
So i'll just save tot he blog or.. i know, i'll pm.
My tasks for today were to calculate my expenses and income for january and formalise a to do list. Was that it?
January 2003.
Income: 678. (assumes 28 tomorrow plasma)
Outgo: 670.
breakdown at http://gttodolist.blogspot.com
Febuary: income so far- 290 joell rent (300-10 expenses.)
250 rent will all go to property tax on the 1625 property.
plasma income likely $200 max.
Seperate account: texas assets: paid $356 annual tax, cashed checks for about $240.
Budgeting february planned outgo will have to wait for another day,
looks $800 minumum.
Bank balance $4135, of which $3700 owed to bankone.
So that's one task done.
Next task might have been work on to do list, the part i did was list job leads:
list of places to apply:
cintas
dollar general
hotels downtown - adams mark
columbia club
legal ease temps, barristers.
national city bank
new mom and pop cafe on east washington
airport cleaning planes ata.
find the job placement place., was closed off by traffic.
call gay bars,
call restaurants, call the bathhouses.
saran.
gleaners.
Other stuff done today: wrote nice letter to mom.
Several social visits, joell, nick, jay, and some cute mormon.
Tasks for thursday: meeting with nick (if he doesn't bail.) plasma.
It is now 2:07 and bedtime, but hotmail won't let me send.
So i'll just save tot he blog or.. i know, i'll pm.
plasma. ok to wait till friday if prefer.
to do for thursday: meet w nick re h & h letters, chores, pen to paper document anything he's done so far.
make agenda for meeting w nick. be aware he may blow it off.
february bills:
$10 joell plumbling supplies. -300 rent from joel. $250 rent re 1625 will all go to tax. get 227 Tax statement.
seems like today i only fell further behind on the writing, but at least i wrote a letter to mom and mailed stuff to lindy.
keep notes on gifts given, to practice giving. donuts to nick, phone to joel, stuff to lindy, online books to everybody.
newt to brian :) pizza to that crackhead. almost 2.
to do for thursday: meet w nick re h & h letters, chores, pen to paper document anything he's done so far.
make agenda for meeting w nick. be aware he may blow it off.
february bills:
$10 joell plumbling supplies. -300 rent from joel. $250 rent re 1625 will all go to tax. get 227 Tax statement.
seems like today i only fell further behind on the writing, but at least i wrote a letter to mom and mailed stuff to lindy.
keep notes on gifts given, to practice giving. donuts to nick, phone to joel, stuff to lindy, online books to everybody.
newt to brian :) pizza to that crackhead. almost 2.
list of places to apply:
cintas
dollar general
hotels downtown - adams mark
columbia club
legal ease temps, barristers.
national city bank
new mom and pop cafe on east washington
airport cleaning planes ata.
find the job placement place., was closed off by traffic.
call gay bars,
call restaurants, call the bathhouses.
saran.
gleaners.
april is in jail in hancock county. for not paying a bill? look into it. april.. new..wahts' her name? ask nick for details.
this needs to be a longer list, but it's a start.
cintas
dollar general
hotels downtown - adams mark
columbia club
legal ease temps, barristers.
national city bank
new mom and pop cafe on east washington
airport cleaning planes ata.
find the job placement place., was closed off by traffic.
call gay bars,
call restaurants, call the bathhouses.
saran.
gleaners.
april is in jail in hancock county. for not paying a bill? look into it. april.. new..wahts' her name? ask nick for details.
this needs to be a longer list, but it's a start.
Wednesday, January 29, 2003
january, actual.
january, budgeted.
january actual.
food $40.
gas $50
electric $100 (december bill)
look to see if i have any late fees.
make sure to try to avoid any late fees. that would be a good plan for a day's task.
phone $80 +6 check over phone fee.
stamps 8
library card $5
dollar general $15
drinks $15
227 property tax $70
checks 16, money order 3 $19
blogger isn't letting me use tabs to make columns so it's the wrong tool for this job.
house insurance would be 35/mo, car ins. 50/mo. but right now i have none.
dsl $50.
gas electric phone dsl tax insurance am i leaving out anything?
credit cards. around $200 for the visa.
lindy's present shiping $19
so for the month: $675 plus whatever i forgot to write down.
income
300 + 250 + 100+ 28 $678.
net gain $8. - whatever i forgot to write down. other:
paid $355 texas property tax, cashed oil checks for $230 or so.
dinner was cajun garlic lemon shrimp and a mango.
january, budgeted.
january actual.
food $40.
gas $50
electric $100 (december bill)
look to see if i have any late fees.
make sure to try to avoid any late fees. that would be a good plan for a day's task.
phone $80 +6 check over phone fee.
stamps 8
library card $5
dollar general $15
drinks $15
227 property tax $70
checks 16, money order 3 $19
blogger isn't letting me use tabs to make columns so it's the wrong tool for this job.
house insurance would be 35/mo, car ins. 50/mo. but right now i have none.
dsl $50.
gas electric phone dsl tax insurance am i leaving out anything?
credit cards. around $200 for the visa.
lindy's present shiping $19
so for the month: $675 plus whatever i forgot to write down.
income
300 + 250 + 100+ 28 $678.
net gain $8. - whatever i forgot to write down. other:
paid $355 texas property tax, cashed oil checks for $230 or so.
dinner was cajun garlic lemon shrimp and a mango.
wednesday:
did:
bank: deposited $700.
balance 4100 something.
mailed package to lindy. $19.
wrote letter to mom, still need to print and mail.
dived my dinner.
today's chores not yet done:
january expenses and february budget.
make febrary to do list., write it onto paper. list prioities as well as order of which to do first.that, is, list, list in order of importance, list in order of which to do first.
i give myself till midnight. i will start at 8. i've earned a 25 minute wwdn break. watch out for chat sessions.
did:
bank: deposited $700.
balance 4100 something.
mailed package to lindy. $19.
wrote letter to mom, still need to print and mail.
dived my dinner.
today's chores not yet done:
january expenses and february budget.
make febrary to do list., write it onto paper. list prioities as well as order of which to do first.that, is, list, list in order of importance, list in order of which to do first.
i give myself till midnight. i will start at 8. i've earned a 25 minute wwdn break. watch out for chat sessions.
Tuesday, January 28, 2003
did list:
monday
cold, so stayed in. put away laundry, went thru bills, paid a bill, returned two phone calls, tag.
didn't: attend iec meeting. so a to do would be to listen to tapes after reviewing online minutes.
tuesday:
deposited oil checks. ordered checks. $16. bought stamps $8 bought money order $3. paid texas tax bill.
got library card. $5.
to do? copy texas tax records, mail to the guys who have written with offer to buy.
plasma $23. so net expense for day = -9.
dumpster dived dinner to do: go back to hostess for donuts.
took trash out.
plan for rest of day: draft letters online, setting a up "print and mail to do"
question, where did i put those 3 cent stamps i got?
objective: dive $10 worth of donuts.
forgot to do today: deposit cash while at bank. mail package to lindy.
objective get at least one letter finished or 5 started.
objective: call lindy.
dtl for wednesday:
make monthly budget summary.
call electric co to check balance.
make better to do list to start february with. write it onto paper.
letters:
mom
lindy
greyhound 1, 2, 3, 4,
rokita.
ag re majors v abell
client letters re majors v abell
column about open source candidate recruitment.
letter to mark r.
thank you letters to the people who have helped with the case.
more to dos: go thru to do log, see whats been done, not done. make summary for january.
set goals for feb.
example: cle's!!! good time to panic.
write motion for reconsideration for 7th circuit, outline brief to indiana supremes.
outline letters re properties situation.
$100 deposit at last chance.
make note of any other outstanding collection issues, including $150 firestone kc, 2500 or so cj,
$500 owed by our boy to adam,
$2000 to lindy.
monday
cold, so stayed in. put away laundry, went thru bills, paid a bill, returned two phone calls, tag.
didn't: attend iec meeting. so a to do would be to listen to tapes after reviewing online minutes.
tuesday:
deposited oil checks. ordered checks. $16. bought stamps $8 bought money order $3. paid texas tax bill.
got library card. $5.
to do? copy texas tax records, mail to the guys who have written with offer to buy.
plasma $23. so net expense for day = -9.
dumpster dived dinner to do: go back to hostess for donuts.
took trash out.
plan for rest of day: draft letters online, setting a up "print and mail to do"
question, where did i put those 3 cent stamps i got?
objective: dive $10 worth of donuts.
forgot to do today: deposit cash while at bank. mail package to lindy.
objective get at least one letter finished or 5 started.
objective: call lindy.
dtl for wednesday:
make monthly budget summary.
call electric co to check balance.
make better to do list to start february with. write it onto paper.
letters:
mom
lindy
greyhound 1, 2, 3, 4,
rokita.
ag re majors v abell
client letters re majors v abell
column about open source candidate recruitment.
letter to mark r.
thank you letters to the people who have helped with the case.
more to dos: go thru to do log, see whats been done, not done. make summary for january.
set goals for feb.
example: cle's!!! good time to panic.
write motion for reconsideration for 7th circuit, outline brief to indiana supremes.
outline letters re properties situation.
$100 deposit at last chance.
make note of any other outstanding collection issues, including $150 firestone kc, 2500 or so cj,
$500 owed by our boy to adam,
$2000 to lindy.
Sunday, January 26, 2003
sunday.
change light bulbs.
clean lower shelf of refridgerator.
other possibles:
call mom.
call lindy.
and or, begin letters to mom and lindy.
write more business letters.
go thru bills.
make aplan re bills, list due dates, missing ones, think about money orders and stamps. look for stamps, but don't get hung up about it.
right now: find light bulbs, take bath.
action items for monday:
two phone calls, verla adams 508 2391, ag's office.
letter to mark r.
change light bulbs.
clean lower shelf of refridgerator.
other possibles:
call mom.
call lindy.
and or, begin letters to mom and lindy.
write more business letters.
go thru bills.
make aplan re bills, list due dates, missing ones, think about money orders and stamps. look for stamps, but don't get hung up about it.
right now: find light bulbs, take bath.
action items for monday:
two phone calls, verla adams 508 2391, ag's office.
letter to mark r.
motion to reconsider
additional data on timing of hibernation
critique of "candidates have no right to be anonymous"
critique of wording of certification "more than " shoud be "more or less than"
to allow for incorporation of 1) nyt sullivan standards 'false and malicious' 2) mens rea requirment per keubal and smith.
major point: critique of dismisal of personal capacity claims based on brochure rather than on statute.
additional data on timing of hibernation
critique of "candidates have no right to be anonymous"
critique of wording of certification "more than " shoud be "more or less than"
to allow for incorporation of 1) nyt sullivan standards 'false and malicious' 2) mens rea requirment per keubal and smith.
major point: critique of dismisal of personal capacity claims based on brochure rather than on statute.
Saturday, January 25, 2003
next step.
publish article on cyberia.
look for allies for ongoing fight.
aclu, anne beeson.
iclu, ken faulk.
consider time frame for motion to reconsider.- i'm just assuming it's 30 days.
www.ij.org .. invite therm to take credit for this one. invite them to get involved in the publciity angle. they may decline simply because it isn't an open and shut win.
publish article on cyberia.
look for allies for ongoing fight.
aclu, anne beeson.
iclu, ken faulk.
consider time frame for motion to reconsider.- i'm just assuming it's 30 days.
www.ij.org .. invite therm to take credit for this one. invite them to get involved in the publciity angle. they may decline simply because it isn't an open and shut win.
billing note majors v abell.
9:15-10:15 pm consulted with technical staff on how to convert pdf file to text and doc files, did so, published opinion on the web. 10:15-12:15 discussed opinion with collegues, gave opinion third read, mentally outlined motion for reconsideration.
staus of chores: did not get done any of the writing i had planned to do tonight.
did not do undone task from thursday of going thru bills.
got part of pipes unfrozen but toilet line still frozen.
put away groceries, did not put away laundy. put out parker sign.learned how to convert pdf files.
9:15-10:15 pm consulted with technical staff on how to convert pdf file to text and doc files, did so, published opinion on the web. 10:15-12:15 discussed opinion with collegues, gave opinion third read, mentally outlined motion for reconsideration.
staus of chores: did not get done any of the writing i had planned to do tonight.
did not do undone task from thursday of going thru bills.
got part of pipes unfrozen but toilet line still frozen.
put away groceries, did not put away laundy. put out parker sign.learned how to convert pdf files.
Friday, January 24, 2003
tasks for tonight:
write draft of rokita letter.
write draft of letter to mark rutherford.
if in the mood, write next greyhound letter.
lindy
mom
writing bureau guy
process: list letters to write. bang out a lead for each of them.
revice, eddit, add, revise, proofread
that's revise, edit, add, revise, proofread..
then, check hotmail and delte as needed.
client contact letters:
carol antun c/o mr antun c/o the blue heron, giest revervoir, indiana
bruce martin c/o nassau lp long island ny
perry metzger try yahoo.
brian majors c/o county chair, wayne
write draft of rokita letter.
write draft of letter to mark rutherford.
if in the mood, write next greyhound letter.
lindy
mom
writing bureau guy
process: list letters to write. bang out a lead for each of them.
revice, eddit, add, revise, proofread
that's revise, edit, add, revise, proofread..
then, check hotmail and delte as needed.
client contact letters:
carol antun c/o mr antun c/o the blue heron, giest revervoir, indiana
bruce martin c/o nassau lp long island ny
perry metzger try yahoo.
brian majors c/o county chair, wayne
i am having such a coffee rush right now, from one cup. i used to drink 5 or 10 cups of coffee a day and not notice the effect, now i notice one cup, how it makes my thoughts race and heart beat faster. use with caution, stick to decaf, save the coffee for when it's actually useful.
stuff to tell gary: i have not yet implemented your advice of a midnight bedtime, early rise, early bath, get right to chores.
but i'm starting to see how that coud be helpful and i'll keep wrestling with it.
i have not yet done my homework for thursday, going thru the bills, but because i had cleared my phone messages i got two important calls yesterday which is what i have been working on since then.
today i am focusing on drafting some letters and trying a hardware fix.
stuff to tell gary: i have not yet implemented your advice of a midnight bedtime, early rise, early bath, get right to chores.
but i'm starting to see how that coud be helpful and i'll keep wrestling with it.
i have not yet done my homework for thursday, going thru the bills, but because i had cleared my phone messages i got two important calls yesterday which is what i have been working on since then.
today i am focusing on drafting some letters and trying a hardware fix.
friday task list.
switch minotor.
update billing records. 0.15 danny, discussed file conversion from pdf, solved problem
write draft of rokita letter.
write draft of letter to mark rutherford.
if in the mood, send next greyhound letter.
remember yesterday's task, the bills due, isn't done yet.
also more laundry, frozen pipes issue.
switch minotor.
update billing records. 0.15 danny, discussed file conversion from pdf, solved problem
write draft of rokita letter.
write draft of letter to mark rutherford.
if in the mood, send next greyhound letter.
remember yesterday's task, the bills due, isn't done yet.
also more laundry, frozen pipes issue.
posner => candidates have no right to be anonymous.
supreme court => mcintyre => canddiates have a right to be anonymous. federalist papers. john jay alexander hamilton james madison. madison is only the guy who wrote the first amendment, and a president.cite other cases discussed in mcintyre in which candidates have right to be anonymous. stewart v taylor. white? fulton? moses? barney?
nyt v sullivan standards.
inform lp natcom.
get back on election law list.
supreme court => mcintyre => canddiates have a right to be anonymous. federalist papers. john jay alexander hamilton james madison. madison is only the guy who wrote the first amendment, and a president.cite other cases discussed in mcintyre in which candidates have right to be anonymous. stewart v taylor. white? fulton? moses? barney?
nyt v sullivan standards.
inform lp natcom.
get back on election law list.
--------------------------------------------------------------------------------
i had this one big case i've been working on for 5 years now.
it's about whether political candidates have the right to free speech, or
whether they have to say "paid for by ___" on their signs, flyers etc, or face jail. It was improperly dismissed by the local federal judge last year, so i did an appeal, the first appeal i've done by myself.
today judge posner (one of the most famous judges in the country short of the supreme court justices) issued an opinion (here, in annoying pdf format)
http://
www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=02-2204.PDF
agreed with me that it should not have been dismissed, so it is still alive.
instead of sending it back to the lower federal court, he sent it back to the indiana supreme court, with some questions about what the statute means.
there are some hints that i could still lose, and even if i win they could try to screw me out of my fees, so i wil be working on this all year with no money coming in, and might or might not ever get paid for it, but finally getting a free speech case to the state supreme court is important, and i have a few tricks up my sleeve once i get there, so all in all this is good news.
Thursday, January 23, 2003
notes for argument to the court.
plaintiffs are, overall, pleased by the decision, but submit this motion for reconsideration to correct what we believe are mistatements, relattively minor ones, of the proceedings below, so tha the court would have the opportunity to revise its opinion if it chooses to do so. since we are writing anyway, we also make a few points about the law cited by the court.
the court correctly found that the case had been improperly dismissed below on standing and mootness grounds.
- the record and docket reflect that the case did not simply hibernate after being filed; instead the parties first jointly sought
certification to the state supreme court, and much of the delay was attributable to the court's own inaction on that issue.
-later after a change in counsel the state opposed certification, and time was spent in briefing and arguing that issue.
(note, write to cyberia re possible appeal to the supreme court, and any tips on a motion for rehearing. contact eff.)
- the discussion of case law was problematic, in that it referred to cases like gable and ky rtl v terry, without any mention of the watchtower v stratton which presumptively overruled these cases. nor was there any discussion of gop of minnesota v white, which held that the government cannot dictate the speech of a candidate.
these two cases, decided after the initial brief, were discussed in brain majors' reply brief. however, for reasons we do not understand, the 7th circuit clerk rejected majors' reply brief, and judge evans rejected majors' motion to submit his brief.
we attach a single copy of that brief.
the court assumes, without deciding, that..
the court miscontrues the issue as to the content of majors' signs. majors is not seeking the right to be anonymous.
he is seeking the right not to have the government dictate the content of his speech.
as in stewart v taylor, there is no fraud in a sign which states merely "brian majors for assessor" or "robbin stewart for township board vote tuesday." Chandler v Miller held that a candidate cannot be drug tested without cause; running for office does not waive constitutional rights. Similarly in Minn GOP v White, running for judge does not waive one's rights to discuss politcs.
(man.. i am drenched in sweat.. this must be affecting me emotionally)
A further issue is the final paragraph, dismissing damge claims.
Damage claims were premised on two points:
1) that the policy expressed by the statute, whatever it was, was unequivocably unconstitutional under Talley, Mcintyre, and Stewart v. Taylor. I accept, for the purpose of this motion, the court's ruling, that the constitutionality of the statute is arguable and therefor immune, as determinative, althought I personaly disagree.
2) the second basis for a damage claim was the brochure, and here there may be a logical inconsistency in the court's opinion. The court seems to agree, without formally deciding, with my position that if the statute is broadly construed, then it is unconstitutional under McIntyre and Talley, and therefore the brochure would be a compensible violation of the right to free speech,
If, however, the statute is narrow, (eek just saw flaw in own argument??), then the brochure is wholly unsuported by any claim of having a legal basis, and is an unconstitutioal infringemen of free spech rights clearly establsihed by Talley, Mcintyre, Buckley v. ACLF, and Watchtower v. Stratton.
These latter two cases post-date the filing of he suit, but the unconstitutional conduct has continued each day over the five years the suit has run, and continues today. (billing note, see prior biling note, wrote this from 8:15 pm to 9:05, now going to give the opinion a second read.
to do: press release.
plaintiffs are, overall, pleased by the decision, but submit this motion for reconsideration to correct what we believe are mistatements, relattively minor ones, of the proceedings below, so tha the court would have the opportunity to revise its opinion if it chooses to do so. since we are writing anyway, we also make a few points about the law cited by the court.
the court correctly found that the case had been improperly dismissed below on standing and mootness grounds.
- the record and docket reflect that the case did not simply hibernate after being filed; instead the parties first jointly sought
certification to the state supreme court, and much of the delay was attributable to the court's own inaction on that issue.
-later after a change in counsel the state opposed certification, and time was spent in briefing and arguing that issue.
(note, write to cyberia re possible appeal to the supreme court, and any tips on a motion for rehearing. contact eff.)
- the discussion of case law was problematic, in that it referred to cases like gable and ky rtl v terry, without any mention of the watchtower v stratton which presumptively overruled these cases. nor was there any discussion of gop of minnesota v white, which held that the government cannot dictate the speech of a candidate.
these two cases, decided after the initial brief, were discussed in brain majors' reply brief. however, for reasons we do not understand, the 7th circuit clerk rejected majors' reply brief, and judge evans rejected majors' motion to submit his brief.
we attach a single copy of that brief.
the court assumes, without deciding, that..
the court miscontrues the issue as to the content of majors' signs. majors is not seeking the right to be anonymous.
he is seeking the right not to have the government dictate the content of his speech.
as in stewart v taylor, there is no fraud in a sign which states merely "brian majors for assessor" or "robbin stewart for township board vote tuesday." Chandler v Miller held that a candidate cannot be drug tested without cause; running for office does not waive constitutional rights. Similarly in Minn GOP v White, running for judge does not waive one's rights to discuss politcs.
(man.. i am drenched in sweat.. this must be affecting me emotionally)
A further issue is the final paragraph, dismissing damge claims.
Damage claims were premised on two points:
1) that the policy expressed by the statute, whatever it was, was unequivocably unconstitutional under Talley, Mcintyre, and Stewart v. Taylor. I accept, for the purpose of this motion, the court's ruling, that the constitutionality of the statute is arguable and therefor immune, as determinative, althought I personaly disagree.
2) the second basis for a damage claim was the brochure, and here there may be a logical inconsistency in the court's opinion. The court seems to agree, without formally deciding, with my position that if the statute is broadly construed, then it is unconstitutional under McIntyre and Talley, and therefore the brochure would be a compensible violation of the right to free speech,
If, however, the statute is narrow, (eek just saw flaw in own argument??), then the brochure is wholly unsuported by any claim of having a legal basis, and is an unconstitutioal infringemen of free spech rights clearly establsihed by Talley, Mcintyre, Buckley v. ACLF, and Watchtower v. Stratton.
These latter two cases post-date the filing of he suit, but the unconstitutional conduct has continued each day over the five years the suit has run, and continues today. (billing note, see prior biling note, wrote this from 8:15 pm to 9:05, now going to give the opinion a second read.
to do: press release.
Billing note:
7:18 pm-8:00 pm (and continuing)
received two phone calls, sent one. court, winger, winger. 7th circuit has decided my case.
Improperly dismissed as moot. Decision will depend on construction of the statute, whether narrow or broad.
The construction of the statute has been certified to the Indiana Supreme Court.
Action items:
write motion for reconsideration of the opinion as to a few minor technical points.
write letters to rokita, counsel , etc, offering to settle case for fees incurred.
reread case to pick up nuances.
begin briefing notes for state suprem court, frame issues.
contact clients, including taylor, ksa, kirkpatrick, palmer. brian majors.
8:15 1.0 hours.
7:18 pm-8:00 pm (and continuing)
received two phone calls, sent one. court, winger, winger. 7th circuit has decided my case.
Improperly dismissed as moot. Decision will depend on construction of the statute, whether narrow or broad.
The construction of the statute has been certified to the Indiana Supreme Court.
Action items:
write motion for reconsideration of the opinion as to a few minor technical points.
write letters to rokita, counsel , etc, offering to settle case for fees incurred.
reread case to pick up nuances.
begin briefing notes for state suprem court, frame issues.
contact clients, including taylor, ksa, kirkpatrick, palmer. brian majors.
8:15 1.0 hours.
Tuesday, January 21, 2003
MJ came over and told me her jury duty story. 40 hours community service for being sick, nearly got 40 days in jail.
We talked about jobs.
Saran at 30th and post.$13.
Gleaners,(and their dumpster)
Women's prison.
Jail Annex.
My plans for the day are to give plasma and buy food.
If I get that done and have more energy/focus for tasks,
there's phone messages, (yuk),
makings lists of case-related correspondence,
letter to Mark Rutherford,
letter to LP writing bureau guy from saturday,
letter to kurt.
insurance claim
credit card bank one situation, make phone call to dispute desk.
letter to court re fines and indigency.
then i will need to make a daily task list for wednesday.
bank. what for? to cash checks and order checks.
broker, to transfer funds.
if i get any letters don i can print them at librrary and get library card.
call indy express re job.
it's time to print the letter to pci.
We talked about jobs.
Saran at 30th and post.$13.
Gleaners,(and their dumpster)
Women's prison.
Jail Annex.
My plans for the day are to give plasma and buy food.
If I get that done and have more energy/focus for tasks,
there's phone messages, (yuk),
makings lists of case-related correspondence,
letter to Mark Rutherford,
letter to LP writing bureau guy from saturday,
letter to kurt.
insurance claim
credit card bank one situation, make phone call to dispute desk.
letter to court re fines and indigency.
then i will need to make a daily task list for wednesday.
bank. what for? to cash checks and order checks.
broker, to transfer funds.
if i get any letters don i can print them at librrary and get library card.
call indy express re job.
it's time to print the letter to pci.
Monday, January 20, 2003
Garrison says:
Organization skills are very much a concious effort for me as well
Garrison says:
Organization is quite hard concept for people w/ LD's and then add in my own pysch/emotional probs and it becomes doubly hard
arbi says:
when i face the tasks i need to do, it can become stressful, the more i avoid them, the more the stress goes away for now.
Garrison says:
That is the thought process u need to change then
arbi says:
yes forgot you have the dyslexia thing
Garrison says:
not doing them only puts off the stress and will make facing it more difficult
arbi says:
ya, giving up pot was part of that, and i've been learning alot about how i am all organized aroud stress avoidance, and how stress is a positive force in small doeses,
arbi says:
i need to find amiddle ground where i can handle it without pushing myself too hard
arbi says:
so two tasks a day is a reasonable goal
arbi says:
my life goes in cycles where i do tons of stuff for a few months then have 6 months of stay home and read books
Garrison says:
try to set a time around the tasks
Garrison says:
Say "I will wash dishes at 10am so I can be free of that task by 10.15"
arbi says:
that's still a challenge
arbi says:
i didn't plan to ash the dishes, jst noticed they were there, felt like washing them. i do this at least once a month
arbi says:
whether they need it or not
Garrison says:
lol
arbi says:
cleaning this room could go on the to do list. a good task for a cold day sometime
Garrison says:
but it is part of creating a rountine for urself.
Garrison says:
something i strongly belive in is "structure"
arbi says:
yes, well some things are still a challenge
arbi says:
right agree,
arbi says:
as an ADD person building constructive habits and structure is essential
Garrison says:
very much so
Garrison says:
i have trained myself to practicaly live off my pc calendar
arbi says:
i suppose that will mean turnng chat off till daily task list is written out, stufflike that.
arbi says:
those ar egood tools, i just don't have that together yet.
arbi says:
guy next door was suposed to come by and help me organize a few things but he has flaked out on me, i can't delegate the task of getting my act together
Garrison says:
rules like that are important: i had to set rule that I don't not open chat at work till lunch time
arbi says:
ah well, thanks for your input., ah an dtoday you are off due to your back, makes sense
arbi says:
i may have to give somethingliek that a try
arbi says:
i had set a goal of less time in chat, moving more of the discussions tot the board, but havent gotten ver far withthat idea
Garrison says:
i'd be happy to discuss rule setting w/ u and i can poke u regularly to make sure ur following
arbi says:
thanks! a task buddy. very cool.
Organization skills are very much a concious effort for me as well
Garrison says:
Organization is quite hard concept for people w/ LD's and then add in my own pysch/emotional probs and it becomes doubly hard
arbi says:
when i face the tasks i need to do, it can become stressful, the more i avoid them, the more the stress goes away for now.
Garrison says:
That is the thought process u need to change then
arbi says:
yes forgot you have the dyslexia thing
Garrison says:
not doing them only puts off the stress and will make facing it more difficult
arbi says:
ya, giving up pot was part of that, and i've been learning alot about how i am all organized aroud stress avoidance, and how stress is a positive force in small doeses,
arbi says:
i need to find amiddle ground where i can handle it without pushing myself too hard
arbi says:
so two tasks a day is a reasonable goal
arbi says:
my life goes in cycles where i do tons of stuff for a few months then have 6 months of stay home and read books
Garrison says:
try to set a time around the tasks
Garrison says:
Say "I will wash dishes at 10am so I can be free of that task by 10.15"
arbi says:
that's still a challenge
arbi says:
i didn't plan to ash the dishes, jst noticed they were there, felt like washing them. i do this at least once a month
arbi says:
whether they need it or not
Garrison says:
lol
arbi says:
cleaning this room could go on the to do list. a good task for a cold day sometime
Garrison says:
but it is part of creating a rountine for urself.
Garrison says:
something i strongly belive in is "structure"
arbi says:
yes, well some things are still a challenge
arbi says:
right agree,
arbi says:
as an ADD person building constructive habits and structure is essential
Garrison says:
very much so
Garrison says:
i have trained myself to practicaly live off my pc calendar
arbi says:
i suppose that will mean turnng chat off till daily task list is written out, stufflike that.
arbi says:
those ar egood tools, i just don't have that together yet.
arbi says:
guy next door was suposed to come by and help me organize a few things but he has flaked out on me, i can't delegate the task of getting my act together
Garrison says:
rules like that are important: i had to set rule that I don't not open chat at work till lunch time
arbi says:
ah well, thanks for your input., ah an dtoday you are off due to your back, makes sense
arbi says:
i may have to give somethingliek that a try
arbi says:
i had set a goal of less time in chat, moving more of the discussions tot the board, but havent gotten ver far withthat idea
Garrison says:
i'd be happy to discuss rule setting w/ u and i can poke u regularly to make sure ur following
arbi says:
thanks! a task buddy. very cool.
i am a devout believer in Rote Method Life Mangaement
arbi says:
soi don't know yet if i will make my to do list, get downtown, start looking for work, but at least i've already got the dishes washed. what is rote?
Garrison says:
not sure i spelt it correctly
Garrison says:
u know the old style of learning one's times tables, were kids just memormize it
arbi says:
i havent heard of it
arbi says:
gotcha
Garrison says:
I live on "lists"
arbi says:
ok. i took a good seminar on the to do list method but i have a hard time keeping up with it
arbi says:
i'm tremendously disorgtanaized
Garrison says:
u need to build into slowly
arbi says:
ya. so that's my task for the day/week/month /year
Garrison says:
pple think they can just start right into it and u can't, if u try taht u'll set urself up forfailure
arbi says:
yes i know a lot about setting myself up for failure
Garrison says:
Get a day timer book, set out two tasks a day for the next week
Garrison says:
just start w/ two
arbi says:
i had set a goal of trying to do one thing each day from the lists, but for the past week i havent accomlished even that much
arbi says:
two ok
arbi says:
i might be able to do two.
Garrison says:
if u have trouble getting the one or two things done, then use the schedule part of the day timer
arbi says:
i have no luck w daytimers, but i have a to do list blog
Garrison says:
Make "an appointment w/ urself" to do the task, and tell urself out loud that if u 'JUST DO IT" it will be done and u can do something else without worrying
arbi says:
that makes sense. may i opy this part of the discussion into my notes, but not there earlier part
Garrison says:
sure
Garrison says:
Organization skills are very much a concious effort for me as well
Garrison says:
Organization is quite hard concept for people w/ LD's and then add in my own pysch/emotional probs and it becomes doubly hard
arbi says:
when i face the tasks i need to do, it can become stressful, the more i avoid them, the more the stress goes away
Saturday, January 18, 2003
Wednesday, January 15, 2003
Posted: Wed Jan 15, 2003 5:46 pm Post subject: not quite a rant
(this time i 'm copying to message i'm responding to.. think it makes more sense that way)
why is this not quite a rant?
because i don't really have the energy to really rant.
today i found out some sort of not-so-good news at work. i won't get into what it is, because it really won't make a hill of beans to anyone, but it's just not happy news.
now, i'm sort of lucky to have the position i have; i'm doing HR/Payroll, with no previous education or experience in the field. i lucked into the job, and i do the best i can. it's frustrating at times, because i don't know the ins and outs of the field, but i'm trying to learn. also, since we have a corporate office, i don't do the bulk of it...basically i screen applications, maintain personnel files, and key in the timeslips each week. i don't have to deal with benefits, taxes, etc. all that is done up in corporate.
mind you, i have extensive experience as an administrative assistant, and you can put just about any office-type job in front of me and i'll do it better than whoever did it before me. i'm good at clerical stuff.
problem is, it's not what i want to do in life. my dream is to write historical fiction. of course, with every day that goes by, i realize more and more that the chances of me ever making a living at writing are slim to none.
i don't know if i'll ever finish college, because i have to work and i don't have the money, time, energy, or desire to work a full time job AND go to school. it's just not going to happen.
so i just checked out some jobs on monster.com and headhunter.com, and everything in the HR/Payroll field requires a degree and/or experience way beyond what i have. now, i could take a job as an admin assist or receptionist or something like that making the same money i do now, because i don't make nearly what i should. but i don't mind, due to my lack of previous experience in the position.
anyway...i'm just feeling frustrated because if i was to leave the position i'm in now to get away from some of the crap i have to deal with, i'd have to take a lesser position (i was a recep/admin assist for TOO LONG!) even if it was for the same money (or more, in some cases).
if i DO go back to college, what should i major in? and why bother? i don't WANT to do anything but write, but i don't want to do journalism. i've thought about going for HR Management, but again -- it's not what i want to do with my life (plus, there's alot of math classes and i don't want to deal with that. i'm done with math if i stay a journalism major).
i'm just confused. i know i'm smart, i can do alot of things and do them well, but i'm always either overqualified (which leads to feeling unchallenged and unappreciated) or underqualified (which makes me feel stuck, like i'll never make anything of myself)...and ALWAYS underpaid!
*sigh*
_________________
...bless you madly...
)O( miranda )O(
"maandusa... she is her own distinct brand of loveliness,
and, well, that's all I can say without being vulgar."
~nekromantik
Back to top
gt_bear
Veruca Salt
Joined: 31 Jul 2002
Posts: 67.5
Location: arbi the arbitrary aardvark
Posted: Wed Jan 15, 2003 7:15 pm Post subject:
--------------------------------------------------------------------------------
You are smart and cheerful and cute as a bug. That's the kind of person co's like as the front end of their HR office. And in the back there's some bad cop guy who does the firing and the little embezzlements from the paycheck.
Rent "how to succeed in business without really trying." As the HR person,
you can run the company and no one will notice. get your friends hired,
or at least help hire really cool people, who you will own. do subversive networking, call it a girl's potluck or some such. form a cabal.
learn everything you can about HR. From your spot in HR, you can get a jump on applying for better jobs within the co. Do alot of informational interviews at other HR departments, find out what skills will help.
You can learn more online and at work then from college, that's a racket.
Find a mentor. There are legitimate online degree programs. Read trade association magazines, learn the buzzwords.
because you are young an pretty you won't be taken seriously, that's aplus as well as a minus. find way to save your co money, and get that pluged into a raise. read the annual reports, any files you have access to, build dossiers and informations systems, until you know the company better than anyone else. become indespensible. learn everyone's eakness but never use it against them. make sure if you are ver fired you can shutr everything down. sorry, i'm a paranoid ranter, but the point is it's a position where with knowledge you can build power. byw what do they do?
can you get jobs for monekyboxers?
(this time i 'm copying to message i'm responding to.. think it makes more sense that way)
why is this not quite a rant?
because i don't really have the energy to really rant.
today i found out some sort of not-so-good news at work. i won't get into what it is, because it really won't make a hill of beans to anyone, but it's just not happy news.
now, i'm sort of lucky to have the position i have; i'm doing HR/Payroll, with no previous education or experience in the field. i lucked into the job, and i do the best i can. it's frustrating at times, because i don't know the ins and outs of the field, but i'm trying to learn. also, since we have a corporate office, i don't do the bulk of it...basically i screen applications, maintain personnel files, and key in the timeslips each week. i don't have to deal with benefits, taxes, etc. all that is done up in corporate.
mind you, i have extensive experience as an administrative assistant, and you can put just about any office-type job in front of me and i'll do it better than whoever did it before me. i'm good at clerical stuff.
problem is, it's not what i want to do in life. my dream is to write historical fiction. of course, with every day that goes by, i realize more and more that the chances of me ever making a living at writing are slim to none.
i don't know if i'll ever finish college, because i have to work and i don't have the money, time, energy, or desire to work a full time job AND go to school. it's just not going to happen.
so i just checked out some jobs on monster.com and headhunter.com, and everything in the HR/Payroll field requires a degree and/or experience way beyond what i have. now, i could take a job as an admin assist or receptionist or something like that making the same money i do now, because i don't make nearly what i should. but i don't mind, due to my lack of previous experience in the position.
anyway...i'm just feeling frustrated because if i was to leave the position i'm in now to get away from some of the crap i have to deal with, i'd have to take a lesser position (i was a recep/admin assist for TOO LONG!) even if it was for the same money (or more, in some cases).
if i DO go back to college, what should i major in? and why bother? i don't WANT to do anything but write, but i don't want to do journalism. i've thought about going for HR Management, but again -- it's not what i want to do with my life (plus, there's alot of math classes and i don't want to deal with that. i'm done with math if i stay a journalism major).
i'm just confused. i know i'm smart, i can do alot of things and do them well, but i'm always either overqualified (which leads to feeling unchallenged and unappreciated) or underqualified (which makes me feel stuck, like i'll never make anything of myself)...and ALWAYS underpaid!
*sigh*
_________________
...bless you madly...
)O( miranda )O(
"maandusa... she is her own distinct brand of loveliness,
and, well, that's all I can say without being vulgar."
~nekromantik
Back to top
gt_bear
Veruca Salt
Joined: 31 Jul 2002
Posts: 67.5
Location: arbi the arbitrary aardvark
Posted: Wed Jan 15, 2003 7:15 pm Post subject:
--------------------------------------------------------------------------------
You are smart and cheerful and cute as a bug. That's the kind of person co's like as the front end of their HR office. And in the back there's some bad cop guy who does the firing and the little embezzlements from the paycheck.
Rent "how to succeed in business without really trying." As the HR person,
you can run the company and no one will notice. get your friends hired,
or at least help hire really cool people, who you will own. do subversive networking, call it a girl's potluck or some such. form a cabal.
learn everything you can about HR. From your spot in HR, you can get a jump on applying for better jobs within the co. Do alot of informational interviews at other HR departments, find out what skills will help.
You can learn more online and at work then from college, that's a racket.
Find a mentor. There are legitimate online degree programs. Read trade association magazines, learn the buzzwords.
because you are young an pretty you won't be taken seriously, that's aplus as well as a minus. find way to save your co money, and get that pluged into a raise. read the annual reports, any files you have access to, build dossiers and informations systems, until you know the company better than anyone else. become indespensible. learn everyone's eakness but never use it against them. make sure if you are ver fired you can shutr everything down. sorry, i'm a paranoid ranter, but the point is it's a position where with knowledge you can build power. byw what do they do?
can you get jobs for monekyboxers?
Friday, January 10, 2003
non-prioritized to do list items:
car insurance claim.
ed gluck's car insurance claim.
car repair.
car insurance, home insurance, sam goldstein
get a job > stay clean, make lists of places to apply, make cover letter, get applications. goal apply 10 places in january.
face up to h & h threatening letters. _> draft letter from nick. write to colap, legal aid, media, elected officials.
write letters to mom, lindy, actually print and mail them.
odd little distraction - it was cold so i put on a sweatshirt only it's not fitting right, and that's interfereing with my typing.
i took a bath earlier, and mentally sorted through some of these plans about making a list, starting to write some letters, what all i would say. bot mood: cheerful, almost focused. no depression today. i didn't much enjoy last night - now theres a distraction! i totally lost my place here thinking about that cute guy from last night, jordan. that's a dead end that can never go anywhere but he's so cute. maybe if i got a job i could budget going to see him now and then. ,most likely not. instead, i should use other strategies to try to meet cute guys to cuddle with. maybe gay.com.
ok, i seem to have lost my train of thought, this was supposed to be a to do list. i'll set it aside and try again later.
my feet are cold, my sweatshirt doesn't fit right, i've enjoyed a nice dinner from the dumpster. i went and put on a sweater.and turned up the heat.i'm gonna go back and put on socks. so i still need to make a to do list and work on my wwdn book entry.
car insurance claim.
ed gluck's car insurance claim.
car repair.
car insurance, home insurance, sam goldstein
get a job > stay clean, make lists of places to apply, make cover letter, get applications. goal apply 10 places in january.
face up to h & h threatening letters. _> draft letter from nick. write to colap, legal aid, media, elected officials.
write letters to mom, lindy, actually print and mail them.
odd little distraction - it was cold so i put on a sweatshirt only it's not fitting right, and that's interfereing with my typing.
i took a bath earlier, and mentally sorted through some of these plans about making a list, starting to write some letters, what all i would say. bot mood: cheerful, almost focused. no depression today. i didn't much enjoy last night - now theres a distraction! i totally lost my place here thinking about that cute guy from last night, jordan. that's a dead end that can never go anywhere but he's so cute. maybe if i got a job i could budget going to see him now and then. ,most likely not. instead, i should use other strategies to try to meet cute guys to cuddle with. maybe gay.com.
ok, i seem to have lost my train of thought, this was supposed to be a to do list. i'll set it aside and try again later.
my feet are cold, my sweatshirt doesn't fit right, i've enjoyed a nice dinner from the dumpster. i went and put on a sweater.and turned up the heat.i'm gonna go back and put on socks. so i still need to make a to do list and work on my wwdn book entry.
still to do: write to do list.
prioritize into dtl. do this once a day, indefinately.
set goal of crossing one thing off list each day, instead of doing nothing each day.
if i get busy on this stuff, it should keep me from being so bored that i'll want a tv.
priorities for today
make to do list.
work on (that should mean finish) boxer book entry.
prioritize into dtl. do this once a day, indefinately.
set goal of crossing one thing off list each day, instead of doing nothing each day.
if i get busy on this stuff, it should keep me from being so bored that i'll want a tv.
priorities for today
make to do list.
work on (that should mean finish) boxer book entry.
to do: write to do list.
to do: prioritize to do list into dtl daly task list
to do: get a damn new monitor! he says, as this one freaks out so i can't see what i type.
to do: make a budget, keep records, follow the money, see where it goes. last night at unicorn:
$7.75 drinks, $3 tips, but found $3. let's call it $8 for my first night out in .. first night out this year.
I'd spent $9 of coffee, $8? on mexican gifts for lindy that i haven't sent. $4 cigarettes for a ride to court.$8 buds supermarket. juice + medicine.$15 dollar general clock hat light bulbs.$22 drugs last weekend. $74 in, like, a week.
some of that is december maybe. that suggests $300/mo in petty cash, which isn't good if my income is $550/mo.
solution: less drugs. already implemented. solution: increase income. get a damn job.
petty cash so far january: $30, plus i'm forgetting some item.
to do: prioritize to do list into dtl daly task list
to do: get a damn new monitor! he says, as this one freaks out so i can't see what i type.
to do: make a budget, keep records, follow the money, see where it goes. last night at unicorn:
$7.75 drinks, $3 tips, but found $3. let's call it $8 for my first night out in .. first night out this year.
I'd spent $9 of coffee, $8? on mexican gifts for lindy that i haven't sent. $4 cigarettes for a ride to court.$8 buds supermarket. juice + medicine.$15 dollar general clock hat light bulbs.$22 drugs last weekend. $74 in, like, a week.
some of that is december maybe. that suggests $300/mo in petty cash, which isn't good if my income is $550/mo.
solution: less drugs. already implemented. solution: increase income. get a damn job.
petty cash so far january: $30, plus i'm forgetting some item.
Saturday, November 16, 2002
has been historically viewed as punishment, also follows Hudson. In Hudson, the Court stated, "neither money penalties nor debarment have historically been viewed as punishment. We have long recognized that 'revocation of a privilege voluntarily granted,' such as a debarment, 'is characteristically free of the punitive criminal element.'" Id. (quoting Helvering, 303 U.S. at
Even if the legislature intended to create a civil penalty, the penalty may still be "criminal" for purposes of double jeopardy analysis. The second step of the analysis requires us to determine "'whether the statutory scheme was so punitive either in purpose or effect,'" id. (quoting Ward, 448 U.S. at 248 -49), to convert the intended civil penalty into a criminal one. To answer this latter question, the Court directs our attention to the factors established in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963). Those seven factors are as follows:
[w]hether the sanction involves an affirmative disability or restraint, whether it has historically been regarded as punishment, whether it comes into play only on a finding of scienter, whether its operation will promote the traditional aims of punishment--retribution and deterrence, whether the behavior to which it applies is already a crime, whether an alternative purpose to which it may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned.
[w]hether the sanction involves an affirmative disability or restraint, whether it has historically been regarded as punishment, whether it comes into play only on a finding of scienter, whether its operation will promote the traditional aims of punishment--retribution and deterrence, whether the behavior to which it applies is already a crime, whether an alternative purpose to which it may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned.
that the criminal indictment violated the Double Jeopardy Clause of the Fifth Amendment. 2 See id. at *4. The Supreme Court held that the Double Jeopardy Clause did not bar the later criminal prosecution because the administrative proceedings were civil and not criminal. See id. at *8. In so holding, the Court "disavow[ed] the method of analysis used in United States v. Halper, 490 U.S. 435, 448 , 109 S. Ct. 1892, 1901-1902, 104 L.Ed.2d 487 (1989), and reaffirm[ed] the previously established rule exemplified in United States v. Ward, 448 U.S. 242, 248-249 , 100 S. Ct. 2636, 2641-2642, 65 L.Ed.2d 742 (1980)." Id. at *2.
the United States Court of Appeals For the Seventh Circuit
No. 95-2665
MARK B. LEBOW, In Tull v. United States, 481 U.S. 412 (1987), the Supreme Court stated that "[r]emedies intended to punish culpable individuals, as opposed to those intended simply to extract compensation or restore the status quo, were [historically] issued by courts of law, not courts of equity." Id. at 422. Accordingly, the Tull Court held that an
Plaintiff-Appellant,
v.
AMERICAN TRANS AIR, INC.,
Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 91 C 8063--John F. Grady, Judge. Accordingly, the Tull Court held that an indi- vidual who was sued by the government under the Clean Water Act had a Seventh Amendment right to a jury trial to determine his liability for civil penalties authorized by the Act. Id. at 425. /
In sum, Lebow's claim is similar to common-law tort and contract actions, and he has the right to seek punitive damages, which the Supreme Court has characterized as a legal remedy. Thus, Lebow raises a legal claim, and the Seventh Amendment guarantees his right to a trial by jury. In addition, because ATA would not have been en- titled to judgment as a matter of law, the district court's error in denying him a jury trial was not harmless. Ac- cordingly, we must remand the case for a jury trial. To the extent that Lebow seeks both legal and equitable relief, the jury shall impose any legal relief, while the judge shall impose any equitable relief. See Lytle v. House- hold Mfg., Inc., 494 U.S. 545, 550-52 (1990). The jury, however, decides common issues of fact, and the jury's factual findings are binding on the judge. See id.; Dombeck v. Milwaukee Valve Co., 40 F.3d 230, 236 (7th Cir. 1994). The judgment of the district court is REVERSED, and the case is REMANDED for a jury trial.
ARGUED FEBRUARY 8, 1996--DECIDED JUNE 6, 1996 jeopardy of life or limb." U.S. Const. amend. V. The Supreme Court has long recognized that the guarantee against double jeopardy "protects against multiple punishments for the same offense." North Carolina v. Pearce, 395 U.S. 711, 717 (1969); see also Helvering v. Mitchell, 303 U.S. 391, 399 (1938) ("[T]he double jeopardy clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense."). The parties have not contested the elements of double jeopardy other than the second punishment issue; the sole question before us, then, is whether the trading ban imposed by the Commission constitutes the kind of second punishment forbidden by the Double Jeopardy Clause.
No. 95-2665
MARK B. LEBOW, In Tull v. United States, 481 U.S. 412 (1987), the Supreme Court stated that "[r]emedies intended to punish culpable individuals, as opposed to those intended simply to extract compensation or restore the status quo, were [historically] issued by courts of law, not courts of equity." Id. at 422. Accordingly, the Tull Court held that an
Plaintiff-Appellant,
v.
AMERICAN TRANS AIR, INC.,
Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 91 C 8063--John F. Grady, Judge. Accordingly, the Tull Court held that an indi- vidual who was sued by the government under the Clean Water Act had a Seventh Amendment right to a jury trial to determine his liability for civil penalties authorized by the Act. Id. at 425. /
In sum, Lebow's claim is similar to common-law tort and contract actions, and he has the right to seek punitive damages, which the Supreme Court has characterized as a legal remedy. Thus, Lebow raises a legal claim, and the Seventh Amendment guarantees his right to a trial by jury. In addition, because ATA would not have been en- titled to judgment as a matter of law, the district court's error in denying him a jury trial was not harmless. Ac- cordingly, we must remand the case for a jury trial. To the extent that Lebow seeks both legal and equitable relief, the jury shall impose any legal relief, while the judge shall impose any equitable relief. See Lytle v. House- hold Mfg., Inc., 494 U.S. 545, 550-52 (1990). The jury, however, decides common issues of fact, and the jury's factual findings are binding on the judge. See id.; Dombeck v. Milwaukee Valve Co., 40 F.3d 230, 236 (7th Cir. 1994). The judgment of the district court is REVERSED, and the case is REMANDED for a jury trial.
ARGUED FEBRUARY 8, 1996--DECIDED JUNE 6, 1996 jeopardy of life or limb." U.S. Const. amend. V. The Supreme Court has long recognized that the guarantee against double jeopardy "protects against multiple punishments for the same offense." North Carolina v. Pearce, 395 U.S. 711, 717 (1969); see also Helvering v. Mitchell, 303 U.S. 391, 399 (1938) ("[T]he double jeopardy clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense."). The parties have not contested the elements of double jeopardy other than the second punishment issue; the sole question before us, then, is whether the trading ban imposed by the Commission constitutes the kind of second punishment forbidden by the Double Jeopardy Clause.
a jury trial. No circuit has discussed whether an employee suing his employer under the RLA for discharging him because of his union activities is entitled to a jury trial. /8 We con- clude that Lebow has a Seventh Amendment right to pre- sent his claim to a jury.
The Seventh Amendment states that "[i]n suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." By using the phrase "suits at common law," the Constitu- tion mandates jury trials for legal actions but not for equitable actions. Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, 494 U.S. 558, 564 (1990).
The federal courts have long since abolished the distinc- tion between "courts of law" and "courts of equity;" therefore the Supreme Court has adopted a two-part test to determine whether a claim qualifies as legal or equitable. First, we must "compare the . . . action to 18th-century actions brought in the courts of England prior to the merger of the courts of law and equity. Second, we examine the remedy sought and determine whether it is legal or equitable in nature. The second inquiry is the more im- portant in our analysis." Terry, 494 U.S. at 565 (internal citations and quotations omitted); cf. Markman v. West- view Instruments, Inc., 116 S. Ct. 1384, 1389-90 (1996).
Despite the lack of a precise eighteenth-century counter- part, Lebow's unlawful discharge claim, in our view, may be appropriately analogized to a common-law breach of contract action. In Terry, the Supreme Court concluded that although an employee's suit against a union for breach of duty of fair representation had no true eighteenth- century analogue, it was, at least in part, similar to a common-law breach of contract action.
factor in the Terry analysis is the nature of the remedies that a plaintiff wishes to obtain. "The Seventh Amendment . . . requires a jury trial upon demand[ ] if the statute creates legal rights and remedies, enforceable in an action for damages in the or- dinary courts of law." Curtis, 415 U.S. at 194 .
The Seventh Amendment states that "[i]n suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." By using the phrase "suits at common law," the Constitu- tion mandates jury trials for legal actions but not for equitable actions. Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, 494 U.S. 558, 564 (1990).
The federal courts have long since abolished the distinc- tion between "courts of law" and "courts of equity;" therefore the Supreme Court has adopted a two-part test to determine whether a claim qualifies as legal or equitable. First, we must "compare the . . . action to 18th-century actions brought in the courts of England prior to the merger of the courts of law and equity. Second, we examine the remedy sought and determine whether it is legal or equitable in nature. The second inquiry is the more im- portant in our analysis." Terry, 494 U.S. at 565 (internal citations and quotations omitted); cf. Markman v. West- view Instruments, Inc., 116 S. Ct. 1384, 1389-90 (1996).
Despite the lack of a precise eighteenth-century counter- part, Lebow's unlawful discharge claim, in our view, may be appropriately analogized to a common-law breach of contract action. In Terry, the Supreme Court concluded that although an employee's suit against a union for breach of duty of fair representation had no true eighteenth- century analogue, it was, at least in part, similar to a common-law breach of contract action.
factor in the Terry analysis is the nature of the remedies that a plaintiff wishes to obtain. "The Seventh Amendment . . . requires a jury trial upon demand[ ] if the statute creates legal rights and remedies, enforceable in an action for damages in the or- dinary courts of law." Curtis, 415 U.S. at 194 .
Friday, November 15, 2002
test. it's late, i'm drunk and stoned, i have to get up in the morning.
dannon was wonderful tonight. totsboy@hotmail.com. metro idol is a hit. www.metro-indy.com
i wrote several letters and cleared out a lot my hotmail spam. i walked downtown and back.
dumpsterdived lasagna and candied walnuts off mass ave. avacados on my way home. there are now 5 hispanic markets in walking distance... seems like overkill. wwdn is down for the moment.
dannon was wonderful tonight. totsboy@hotmail.com. metro idol is a hit. www.metro-indy.com
i wrote several letters and cleared out a lot my hotmail spam. i walked downtown and back.
dumpsterdived lasagna and candied walnuts off mass ave. avacados on my way home. there are now 5 hispanic markets in walking distance... seems like overkill. wwdn is down for the moment.
Thursday, November 14, 2002
Monday, October 07, 2002
what else? stuff i need to do: call re 34 hamilton deed closing
the injunction was denied by the 7th. need to write up my oral argument.
need to call ag re wiliamson, maybe talk to doug webber. need to do a client letter re williamson.
motion for injunction in taylor v taylor
pay tax on 1625 roosevelt. $320 something. i got the rent today. $250.
look into which properties i'm in curt for how soon, get a lawnmower.
get the starter. send in the oral argument postcard.
the injunction was denied by the 7th. need to write up my oral argument.
need to call ag re wiliamson, maybe talk to doug webber. need to do a client letter re williamson.
motion for injunction in taylor v taylor
pay tax on 1625 roosevelt. $320 something. i got the rent today. $250.
look into which properties i'm in curt for how soon, get a lawnmower.
get the starter. send in the oral argument postcard.
stuff i got done recently:
today monday closed a real estate deal, put $420 in my pocket. gross, so my net might be $200 or so. got the weed trimmer going no luck with the mower.
yesterday. got threatened with arrest at the walmart parking lot. used verbal judo to escape, but was upset for awhile.
saturday - my medicine plants got burglarized
i still haven't written up the episode from 9/25, and i'm likely by now to have forgotten stuff.
today monday closed a real estate deal, put $420 in my pocket. gross, so my net might be $200 or so. got the weed trimmer going no luck with the mower.
yesterday. got threatened with arrest at the walmart parking lot. used verbal judo to escape, but was upset for awhile.
saturday - my medicine plants got burglarized
i still haven't written up the episode from 9/25, and i'm likely by now to have forgotten stuff.
Wednesday, September 25, 2002
to do 9/25/02
- goal for today: do response to objections to injunction pendente lite in majors v abell. i had planned to get that in the mail momday, today is wednesday.
other stuff:
write up series of events re contempt hearing
outline ethical commission complaint
outline counterclaim
prepare discovery docs and response to motion in stewart v h$h.
other stuff: finances
$100 last chance
$insurance claim
$photocopy wishard card
sort out credit card dealie
call re 30&34 hamilton ruth jeffers
misc pending cases
prepare status letter to clients
prepare motion to dismiss re lpin re majors v iec.
call (38th & illionois) re ed gluck, look up ed gluck's contact info.
- goal for today: do response to objections to injunction pendente lite in majors v abell. i had planned to get that in the mail momday, today is wednesday.
other stuff:
write up series of events re contempt hearing
outline ethical commission complaint
outline counterclaim
prepare discovery docs and response to motion in stewart v h$h.
other stuff: finances
$100 last chance
$insurance claim
$photocopy wishard card
sort out credit card dealie
call re 30&34 hamilton ruth jeffers
misc pending cases
prepare status letter to clients
prepare motion to dismiss re lpin re majors v iec.
call (38th & illionois) re ed gluck, look up ed gluck's contact info.
Monday, August 19, 2002
Wednesday, June 19, 2002
todo:
go downtown try to sort out 201 deed.
call or write that lady i met at court yesterday
call? the court to find out status of 3305 hawthorne 327-1010
mow some lawns
go thru phone messages
get docket sheet for majors, germann v iec.
apply at industrial coating services 6233 brookville 322 7450 - referred by tobie kneiss
go downtown try to sort out 201 deed.
call or write that lady i met at court yesterday
call? the court to find out status of 3305 hawthorne 327-1010
mow some lawns
go thru phone messages
get docket sheet for majors, germann v iec.
apply at industrial coating services 6233 brookville 322 7450 - referred by tobie kneiss
Wednesday, June 05, 2002
wednesday: chuck came over and we damn near got the car going. gotta plug the radiator and add water. cost me steep, $103 parts $52 labor, more or less. then just fix the windshield, the frame, get a muffler....
didn't much else done. rained. did dishes last night. done for june :) i think some of these were mj's from like april.
bike has a flat. so that's a to-do, steal the tube from the other bike, install tube.
did: signed lease re 1625 roosevelt. he's bring the rent tomorrow noonish.
did: ran off resumes and went to job fair. mostly a waste of time. have an appointment at steak n shake building Time temps.
got a # for clarion hospital personell office.
Tuesday, June 04, 2002
did list: 6/4/02.
revised brief.
met ken faulk and got 7th cir admission filed. $15.
got 9/29/00 order.
got dsl back on. their screw up, not mine, a billing glitch.
washed mj’s dishes.. grr!
almost finished brief????
“fixed” lawnmower, cut 39 eastern. before it rained. storm on way now.
ordered medication. watered plants.. they seem to have transplant shock.
no food in house. had curry rice. beets tomorrow J
this was the day trevor rented the clownmobile for a twisted show.
chuck “borrowed” $50. rent is going fast.
deposited $200 to bank.
DIDN”T: pay seat belt ticket.
to do: contact 7th cir settlement office, re offer to settle for fees.
all in all a pretty good day.
didn’t: make dtl.
did list060302
internet is down so I’ll blog here.
6/3/02 9:07 PM
Monday.
filed reply to motion for fees.
forgot to call Ken Faulk.
mowed some lawns.
632 temple
531 tacoma ½.
201 eastern
32 eastern – broke the lawnmower on a rock. need to fix by re-bending blade.
39 eastern –small part done.
went to city hall and found out deed to 201 eastern has not been recorded.
need to write letter detailing circumstances. should get ducks in row for 201 hearing 6/10.
need to get info to sean byrd at 205.
spent $6 food. $5 gas.
received $400 joell. not sure what extra $100 was for. cashed oil check – need to deposit so visa payment doesn’t bounce. need to mail seat belt ticket.
need to send in texas taxes. why do I get two notices each year?
so that means, need to go thru folders and find texas tax receipts if any, look for tax certs to be recorded. follow up with that person I met at environmental court re properties.
talk to joell.
write to mom.
did list for Sunday:
wrote to lindy.
printed and mailed reply re prevailing party.
plans for tonight: unicorn.
this week: get radiator.
message to mj.
do: motion to 7th cir requesting extension of time in which to file application for admission. send in the $15 and half-filled-out form.
send in objection to fine re hamilton.
make calls re credit cards.
move car into garage.
what about danny in jail?
go thru threatening zoning letters.
obtain medication?
find out if ross is really working.
revise to do list and create a dtl.
get in gear on other cases – taylor v taylor, mzw, majors v iec.
begin billing finagle for majors v abell. 800 hours @ 200 hrs/yr., 20 hrs/ week first ten weeks per year, except as indicated by time records and docket entries.
buy food. fix car.
later that same night, if 3 am counts…
dannon said hi, gave me a little touch on the arm. nice as hell. it doesn’t take much to satisfy me when it’s the right guy.
then I went to the unicorn. my bartender gave me scotch by mistake. yuck.
ben is 18, he wore a black choker that said “submissive.” yummy. but he’s not really, doesn’t want to be spanked or kiss, so I just get to watch him look pretty. then some guy, perfect little body, shaved head except a cute lil forlock, comes up to me sez “hi robbin”. it was jackie! I waited around and he came and danced for me and we talked a little. I spanked him again – he objected, not to being spanked by me, but having it done at the club, not something he wants to encourage. I spent $12. on the way back home I rode bikes along with some guy who offered to pay me to suck my cock. I turned him down since he wasn’t cute or trustworthy.
telocity 1 888 833 5886
6/4/02 11:20:17 AM on hold
revised brief.
met ken faulk and got 7th cir admission filed. $15.
got 9/29/00 order.
got dsl back on. their screw up, not mine, a billing glitch.
washed mj’s dishes.. grr!
almost finished brief????
“fixed” lawnmower, cut 39 eastern. before it rained. storm on way now.
ordered medication. watered plants.. they seem to have transplant shock.
no food in house. had curry rice. beets tomorrow J
this was the day trevor rented the clownmobile for a twisted show.
chuck “borrowed” $50. rent is going fast.
deposited $200 to bank.
DIDN”T: pay seat belt ticket.
to do: contact 7th cir settlement office, re offer to settle for fees.
all in all a pretty good day.
didn’t: make dtl.
did list060302
internet is down so I’ll blog here.
6/3/02 9:07 PM
Monday.
filed reply to motion for fees.
forgot to call Ken Faulk.
mowed some lawns.
632 temple
531 tacoma ½.
201 eastern
32 eastern – broke the lawnmower on a rock. need to fix by re-bending blade.
39 eastern –small part done.
went to city hall and found out deed to 201 eastern has not been recorded.
need to write letter detailing circumstances. should get ducks in row for 201 hearing 6/10.
need to get info to sean byrd at 205.
spent $6 food. $5 gas.
received $400 joell. not sure what extra $100 was for. cashed oil check – need to deposit so visa payment doesn’t bounce. need to mail seat belt ticket.
need to send in texas taxes. why do I get two notices each year?
so that means, need to go thru folders and find texas tax receipts if any, look for tax certs to be recorded. follow up with that person I met at environmental court re properties.
talk to joell.
write to mom.
did list for Sunday:
wrote to lindy.
printed and mailed reply re prevailing party.
plans for tonight: unicorn.
this week: get radiator.
message to mj.
do: motion to 7th cir requesting extension of time in which to file application for admission. send in the $15 and half-filled-out form.
send in objection to fine re hamilton.
make calls re credit cards.
move car into garage.
what about danny in jail?
go thru threatening zoning letters.
obtain medication?
find out if ross is really working.
revise to do list and create a dtl.
get in gear on other cases – taylor v taylor, mzw, majors v iec.
begin billing finagle for majors v abell. 800 hours @ 200 hrs/yr., 20 hrs/ week first ten weeks per year, except as indicated by time records and docket entries.
buy food. fix car.
later that same night, if 3 am counts…
dannon said hi, gave me a little touch on the arm. nice as hell. it doesn’t take much to satisfy me when it’s the right guy.
then I went to the unicorn. my bartender gave me scotch by mistake. yuck.
ben is 18, he wore a black choker that said “submissive.” yummy. but he’s not really, doesn’t want to be spanked or kiss, so I just get to watch him look pretty. then some guy, perfect little body, shaved head except a cute lil forlock, comes up to me sez “hi robbin”. it was jackie! I waited around and he came and danced for me and we talked a little. I spanked him again – he objected, not to being spanked by me, but having it done at the club, not something he wants to encourage. I spent $12. on the way back home I rode bikes along with some guy who offered to pay me to suck my cock. I turned him down since he wasn’t cute or trustworthy.
telocity 1 888 833 5886
6/4/02 11:20:17 AM on hold
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