Droit Constit

When I first started law school, I didn’t think I’d be studying the history of wine shipping. We’ve been talking about the dormant clauses in the US Constitution and the commerce clause in my opinion is by far the most interesting.

The commerce clause was originally created to settle a series of disputes about who had the ability to regulate state to state shipping and commercial transactions. The Commerce Clause gave Congress that right and no one else.

In terms of wine, a wine of the month club based in California as an example should theoretically be able to ship their monthly wine selections to people in every state of the country that allows shipments of wine. New Jersey allows direct shipments of wine for their in state retailers, but currently blocks out of state retailers so the state of New Jersey should theoretically be in violation of the clause. In fact, most state Supreme Courts and a few judgments by the high court itself have ruled that the 21st Amendment which allows states to regulate the sale of alcohol, does not allow them or give them authority to violate the Commerce Clause itself.

As a comparison the state of Utah allows no direct shipments of wine and is in fact dry for most of the state. Under every ruling (which is, we’re told also supported by winemakers) the state of Utah is within its rights to stop direct shipment of wine and other alcohol in their entirety.

Given the state of current court and the economy there certainly will be pressure, but when the FTC says that direct sales should not only increase availability but also lower prices, the end result is pretty clear even if it takes years to get there.

There are times in life when I find myself wishing for more time to spend with my family. Being off at college can be tough. Sometimes I miss my mother’s Sunday morning pre-church bacon and egg breakfast, or even her semi-dry meatloaf, more than I would like to admit. The constant late night study session with my classmates and prepping for a summer internship at a local law office can really stress me out. Thankfully, I am always welcomed back home for a day, or a week when needed.

My last trip home allowed me to get in some quality time with my father. For Christmas he had the bright idea to remodel the back yard for my mother’s gift. As he often does, I do not believe this plan was thought out well. With the best of intentions we set off to no less than 7 stores to pick up everything from bricks and plants, to rugs and one of those cool Coolaroo shade sails. Three full car loads later we found ourselves surrounded by equipment and greenery with no real course of action.

We took a few minutes to gather our thoughts before we both decided it was best to get an expert in backyard design to at the very least start us off on our way. It took five seconds for my mother to point to a plant and an area to place it. Before we knew it there was a basic layout where Dad and I only had to fill in the gaps. These made things much easier than two guys standing there looking at dirt with no clue of what to do.

Then to my surprise my father wheeled out a small contraption I have never seen before. Upon closer inspection I found it to be an old ottoman from the living room put onto wheels. He also added an old tool belt to the sides for a place for his “every day” gardening tools. My father has always been a very smart man but I would not call him handy by any means. So I was extremely surprised when he told me he came up with the idea himself.

He went on to explain he was tired of always bending down or kneeling on the floor every time Mom wanted something done in the yard. When they upgraded their living room set he thought it would be a waste to just simply toss out all the furniture so he reworked the ottoman to give him a nice height to comfortably sit or kneel in order to reduce the back stress of gardening. To my surprise he opened the top to the ottoman to reveal gloves, towels, and other cleaning supplies. I can imagine how happy my mom was when he thought up this idea. No more dragging in the dirt!

As simple as this idea seemed I did not recall seeing this anywhere else. My lovely education kicked in and I was intrigued on patenting this invention. Knowing that some 85% of all inventions will never be picked up and marketed to the general public I knew it was a long shot to get my father’s invention out to the people. As we finished laying down the bricks, and hanging our new shade I asked if I could look into patenting this for him. Reluctantly he agreed.

Sadly, after looking into the patents on gardening equipment there were several products on the market much like my father’s ottoman. However, this experience was not a complete loss. I realized how many ideas he had when it came to gardening equipment. By explaining to him his wish list could potentially make him money and solve his problems if he allowed me to become his patent lawyer his ideas are being to come to life. Although currently we do not have a product on the market we are on our way to doing so, and have more to talk about than ever before.

My buddy Hilby came to visit the other day. He’s crazy and has now decided he’s a vegan – I wonder how long it’ll last. Then again, he is pretty good at doing what he says. Anyway, he was telling us all about how he’s been surviving on just fruit for the last few weeks. I’m sure that’s not enough. But the funny thing is, he brought a load of stuff with him. Instead of cookies and milk, he just sat down with a glass of water and a whole load of bananas. I’m not too sure how many he had but it was probably into double figures. Seems like a strange way to eat but he was telling us he’s never had so much energy. I wonder if it’s all the sugar racing round his system?

He did make a valid point when he asked us if we thought we were eating enough fruit. Not that I avoid fruit but I know that I’d probably benefit from eating more. It just feels like a chore sometimes. What he did get me into though was looking through juicer reviews on the internet so that I can make my own juices. That’s definitely something I’m going to be more interested in. Fresh OJ is always a drink I’ve loved.

I’m still not too sure which juicer to buy but Hilby was telling me that masticating juicers are the best. They’re also not the cheapest! But spending a few hundred dollars on my health is a pretty good insurance policy.

So there I was, pretty pleased with myself, standing in my kitchen about to use my brand new espresso machine.

I loaded the portafilter with Illy espresso coffee and tamped it down, ready for action. As I attached it to the machine and twisted, just like they do in Starbucks, I felt like I was a real Barista.

I pressed the GO button and . . . . . nothing

Not a drop. Not a trickle.

And then it started to vibrate. And shake. And go totally haywire.

Turn it off! Turn it off!

I quickly switched it off at the wall and slumped, dejected and guilty wishing I’d never bought the darn thing.

So what does the law say about taking it back to the shop? I got my text books out to have a look.

If you’re in the UK the relevant act is the Sale of Goods Act 1979, possibly the most useful act for consumers ever passed. What it says is that any goods sold by a retailer should be of satisfactory quality. It’s the retailer’s responsibility so any faulty goods can be taken back to the shop and a replacement should be given.

Sweet. It’s handy being a law student sometimes. I can take back my espresso machine in full knowledge that I have the law on my side and ask for a replacement.

Glass Door Refrigerator Freezers – Supermarket Applications

Glass door refrigerator freezers are common capital equipment items found in commercial food service establishments. Supermarkets in particular are one place where glass door refrigerators and found in large quantities. While some law students might have a glass doored display fridge in their quarters for accommodating their ‘liquid refreshments’, that really is not the typical use of these pieces of equipment!

Within supermarkets, this equipment is used for a variety of purposes. In the deli area of the store, they are important pieces of equipment for several reasons. Firstly, they allow the display of ‘in store’ created sandwiches, convenience precooked meals, and various side items – such as potato salads or coleslaws.

Equally important is the use of refrigerated display cases as a storage area for deli meats and cheeses. A good supermarket will have a large selection of such items available either by the slice or by pound. While cheeses are relatively durable – and also most cured meats – it is still wise to keep them somewhat chilled in store. Since they come in very large packages, it is possible that some of these items will be sitting in the deli for weeks before they are fully sliced and sold.

I don’t know about you, but I find a good supply of meat and cheese to be indispensable study aids. If I don’t have substantive food close to hand, I am likely to find an excuse to go on a fast food run. Being able to get this type of food from a supermarket fridge make a once a week run to the store a lot more time effective – and leaves a lot more time for brushing up my knowledge of Constitutional law!

Another major use for glass front refrigerators in the grocery store is in the dairy aisle. Most stores will have display fridges dedicated to a wide selection of milks – plain, low fat, fat free, flavored, soy, almond milk, etc… – and other dairy products. Yoghurts and Eggs are other big sellers that are typically stores within dairy-aisle glass refrigerator units.

Now I’m not exactly big no healthy food, I know some of my fellow classmates are. If my law school acceptance were an indication of wisdom and just not intelligence, I’m sure I would stock a range of supermarket dairy goods in dorm room – and if that were the case I’d really appreciate the supermarket dairy display cases.

The butchers section is another portion of the grocery store that requires a lot of glass front refrigerator and freezer solutions. Butchered meat needs – obviously enough – to be frozen until it is sold. A typical supermarket will have several different display case solutions in the meat aisle.

Firstly is open top refrigerator displays. These rely on the tendency of hot air to rise to retain their sub-freezing temperatures for storage of meats. A wide variety of prepackaged frozen cuts can be displayed for easy selection by the customer in these display cases.

A more traditional butcher shop look is achieved by the curved glass refrigerator cases found where the customer-facing butcher does his work. Here selections of raw meats are displayed, and the shopper can order them to their liking. The butcher then selects the meat, cuts them to the customers liking, and packages them on the spot.

Perhaps the most widely used display solution in a large supermarket is the multiple aisles of glass door freezers. These are essential in today’s marketplace to house the wide selection of frozen convenience foods available to consumers – from Frozen Pizzas, to TV dinners, to bags of frozen vegetables. Most stores will have many of these glass front freezer units installed.

While my diet has improved somewhat in recent years, I still like to stock up on hot pockets and stuffed jalapeno peppers. These are the types of student friendly easily prepared food readily found in the freezer aisle display cases I’m talking about.

While these various display fridge freezers must cost the supermarkets a small fortune, I think they probably get their moneys’ worth for them. I know it is not only time starved law students like me who appreciate the shopping convenience they offer!

When Minoxidil first came on the market it was intended as an oral drug to treat hypertension/high blood pressure. Many of the users reported significant hair growth while using Minoxidil. From 1988 to 1996 a topical solution containing Minoxidil was made available for hair loss. This was marketed under the name “Rogaine”. Rogaine was, and still is, a highly succesful drug to stop hair loss and help hair re growth. Minoxidil is the only FDA approved drug to treat hair loss in the US. Since the patent has expired in February 1996 many products containing various strengths of Minoxidil can be purchased over-the-counter without a prescription. In fact, the most convenient way to purchase Minoxidil is online.

Both MPD – male pattern baldness and FPB – female pattern baldness can successfully be treated with Minoxidil. It is important to remember that Minoxidil is not a cure for hair loss. There is no such drug. Twice daily use of Minoxidil will regrow your hair. If you were to stop using it, the effects will be reversed in 6 to 12 months.

What Strengths of Minoxidil is available?

Minoxidl topical solution is available in 2, 3, 5, 10 and 15% strengths. 5% Minoxidil is also available in a foam. The 2% and 3% Minoxidil is the Minoxidil for women and the other strengths are for men.

How is Minoxidil applied?

Both the solution and the foam should be rubbed into the scalp were hair regrowth is desired. It should then be left to dry before styling the hair.

Does it work?

Well, the fact that it is the only hair loss treatment that is FDA approved should tell you that it works. In a very high percentage of cases it gives great results. A minority of users experience mild to severe side effects that forces them to give it up. Many men have reported great results using the 5% solution. Having tried the 5% without significant results, men should try the 10% and the 15%. Most men who had little to no results using the 5% Minoxidil reported significant hair regrowth using the stronger solutions. Females should start with the 2% and if that does not give the desired results move to try the 3% Minoxidil.

Having made it through the first semester of the first year of law school, albeit feeling totally frazzled, I’ve decided that I need to get even more organized for the spring semester. Although I got the grades I was secretly hoping for I had to work harder and put more effort in than ever before. I’m not really a late night person and I do find burning the midnight oil difficult. So, as I can’t see the workload improving I’m going to have to find a way to cope. It’s my birthday soon and my parents sent me a cheque for $200 which I think I might invest in the best coffee machine I can find within my budget. Perhaps having a decent shot of caffeine to hand will help me to stay awake and put in the effort required to maintain those grades!

I’ve been a bit run down lately. Lots of late night studying for exams that are coming up soon. It’s really cold outside. It puts me going out for a stroll to clear my head and stretch my legs. I think I should join a gym. I’ve laways been slightly put off the idea by the ‘jock’ image of such places. Another problem I have is my diet. Living on my own I feel a lack of incentive to go shopping for groceries and to make myself a home cooked meal. Instead I often order in a pizza or go around the corner and get some boxes of Chinese food.

None of this is any good. A friend of mine told me recently about toxins. About how they build up in the body and they cause us to feel lathargic and run down. For women too many toxins can lead to irregular periods. My bad skin is partly due to toxins.

I recently resolved to do something about this. I did some research on the internet and discovered bamboo vinegar foot detox patches. It seemed like a natural remedy to toxin build up. I bought a pack for a few dollars over the net. They work on the Chinese medical principal that many parts of the body are connected to the soles of the feet. The liver is where toxins are flushed from the body. The feet are connected to the liver.

As the packet suggested I put a bamboo vinegar foot patch on each foot over night. In the morning i was shocked to discover that the white patches had turned a dark grey! That is all the toxins in my body.

Bamboo vinegar has been used as medicine for centuries in China. It is made from bamboo and has strong absorbency properties. The Chinese use bamboo vinegar to treat cases of poisoning. Toxins are a type of poison. I’m convinced bamboo vinegar foot detox patches work. I now have to address the issue of eating better and joining a gym.

I was never a big fan of Arnold Schwarzenegger. He always seemed like an irredeemable bore (or is that boar?). He can’t act and has very little charisma as far as I can see. He is an opportunist that married into the Kennedy family and then used this to leverage his way into the job of Govenor of California. Wonders never cease it seems.

Recently, I have changed my opinion of Mr. Schwarzenegger. This has come about because i did some studying about Claifornia’s green laws. These cover a wide variety of topics. The most startlingly and conterntious is the law that forces automakers to make ‘maximum feasibler reductions’ in carbon emissions for all new cars in the state. The auto industry has bitterly complained saying it will cost jobs, but it seems that only California seems to be serious about curbing carbon emissions.

Hand in hand with this law is laws governing new buildings. They must use compact fluorescent light bulbs or LED lights instead of standard fluorescent light bulbs. All landlords must replace broken thermostats with new programmable thermostats that will reduce waste. Insulation must be of the highest standards. Homes must be designed with water conservation in mind. Many public gardens have scrapped their lawns and gone for cactus gardens. It is a long list of ordinances. The main point is that California has become the greenest state in the Union. And this is all under the leadership of a Republican governor.

I think this is a massive step in the right direction. Many states seek to emulate the economic success of California. Perhaps they will also realize the wisdom of passing green laws. They don’t cause job cuts. In many cases they save the state many millions of dollars. Take programmable thermostats for example. I recently installed a Honeywell RTH7600D thermostat in my parents home. Already my folks tell me they have seen a significant cut in their utility bills. The thermostat is going to pay for itself in a matter of months. It is in things such as this that new legislation can really help. I’m now toying with the idea of becoming a lawyer specializing in environmental issues.

Being a law student is a grind. There seems to be a never ending list of things you have to learn: you have to remember the details of thousands of important precedent setting cases, you have to study legal procedures, you have to learn the minutae of the laws, you have to be very familiar with the constitution and you have to be adept at the psychology of the courtroom. Passing the bar is no mean feat. In many countries there are quotas on how many people can pass the bar in any one year. The competition is fierce. Thinking about all this sometimes makes me go crazy. I’m a student and I didn’t sign up to college just to work, work, work. The brain will burn out and the body will atrophy. To stop this happening I make sure to set up a schedule which includes breaks. I eat good home cooked food, and I try to take vacations abroad in the holidays to give my mind some fresh stimulus. They say a change is as good as a rest. This Christmas vacation I went to Koh Samui in Thailand to rest my brain.

Koh Samui is Thailand’s second biggest island. It is the leading beach holiday destination in the country after Phuket. I had never been to Thailand before. A friend suggested that I try Koh Samui so I got on a 24 hour flight to Bangkok and transferred to a Thai Airways flight to Koh Samui Airport. I booked accommodation in Lamai.

Lamai is the second largest beach on the island. It is a gorgeous stretch of white sand that goes on for 2 or 3 kms. Since it was Christmas it was very busy. The beach was lined with sun loungers full of people making the most of the sunny weather. The sea was a little bit choppy but still pleasantly warm.

I stayed at Weekender Resort and Spa. My room had air-con, hot water, cable TV and fridge. It was clean and the interior while not stylish was clean and comfortable. The resort pool was right next to the beach. And best of all there was wifi so I could Skype home and stay in contact with what was going on in the world. Being a law student I feel a strong obligation to always know what is happening in the world, especially now that the Presidential Race has got started.

Traveling around Koh Samui I couldn’t help notice how the Thais disregard the law. Hardly anyone wore a motorbike helmet. All drivers ignored the traffic lights except for the set outside the police station in Nathon.

In Lamai town and Chaweng town I was informed that the legal closing time for bars is 1am. Many places simply ignore this rule, with, I presume, the tacit agreement of the police. Thailand has recently passed laws banning smoking in public places, and yet people smoke freely in bars and restaurants. My room has a no smoking sign and yet it also has an ashtray.

At first I found this most perplexing. The law is the law surely. What is the point of the law if people ignore it?

However, after a few days on Koh Samui enjoying the beach and the night life I came to realize that this ambivalence to the law was part of Thai culture. I made a few Thai friends who explained that the Thais are proud of their independence and don’t like the notion of strong centralized control or a nanny state. Thailand is the land of the free. On many islands and in small, isolated communities it is often the case that people administer their own version of justice. This might seem like vigilantism but for many it is preferable with having to deal with a corrupt policeman who is keener to collect bribes than keep law and order.

My 10 day holiday in Thailand refreshed my brain and renewed my determination to finish my law studies, but at the same time it made me realize the cultural limitations to the legal system.

Yesterday I attended my first lecture on medical malpractice and I was hooked. I’m not going to make a decision just yet, but I think it’s the area of law in which I’d like to specialize. I think it’s the complexity that I find interesting. Looking at the cases we discussed in the lecture, it’s clear that they are very challenging to prosecute and patients need to understand their rights upfront.

I left the lecture understanding just how difficult it is for a patient to prevail in medical malpractice actions. There are many things stacked against them. Not only is there a central malpractice defense fund that hospitals and medical professionals are supported by, but many States have passed legislation making it difficult for patients to get the “certificate of merit” needed to move forward.

Of course I don’t support a litigious culture or ambulance-chasing by attorneys, but I do think that if a hospital or a doctor has been negligent to a patient and injured them in some way, the right to pursue compensation should be available to them. But patients also need to take responsibility for their own actions. And it’s incumbent on them to follow instructions they receive from the medical community.

The whole notion of “following instructions” led us into an interesting discussion. The lecturer brought up health information that is available online and asked us to discuss whether this should be wrapped into the whole medical malpractice debate.

Most of us in the lecture theater were broadly supportive of the growth in transparency available online about medical issues. This covers the gamut from serious diseases such as cancer, diabetes and heart disease right through to less serious ones such as nail fungus treatment, skin infections or indigestion. But most of us also agreed that patients should not trust this information blindly. Reading a website is not the same as consulting with a doctor and patients need to know the difference.

Next week we will be discussing the difference between medical malpractice committed by a hospital employee (where the hospital itself may be liable as a result of “respondent superior“) and that committed by a doctor.

I witnessed a conversation about hair loss vitamins for women that for me was extremely embarrassing as well as uncomfortable. It happened between my ‘all natural’ girlfriend and my ‘say what is on your mind’ mom last weekend and I totally did not want to see it go the way it went.

You probably have all been there at some time or the other, where two separate parts of your world are meeting for what is a delicate evening and you wonder who is going to say the wrong thing at the wrong time first. The problem is no one has all the background yet. Well, it seemed innocent enough but here is how it went down.

Mom made a comment and you can feel the ire of my girlfriend from across the room. This was just before dinner and the whole family was standing around the kitchen getting ready to eat.

Mom mentions to my aunt that she felt that her hair has been thinning and she was considering getting some hair loss vitamins for women that she saw advertised on the internet. Sounds normal and casual right? This would normally be just a part of a throw away conversation but you have never heard the extent to which my girlfriend has a royal disdain for pill form vitamins.

She read somewhere online, no doubt, that they end up basically passing through your system often times without even dissolving. From that time forward she has made it her mission to carry the message of liquid vitamins to the world.

The long and short of this sad story is that for the next 45 minutes everyone at the table got to hear all the evils of taking pill form vitamins and how there was not choice except liquid vitamins if you want to get your moneys worth.

The moral of my story is that I have a new item to add to the list of “never discuss” topics. You have all heard to stay away from religion and politics… now in my house we have to avoid vitamins too.

I need to tell you: studying for my final law exams was no easy task! There is simply too much stuff to study and it seems like a never-ending task which I won’t ever be able to finish! Have you ever had that feeling where you feel there is just TOO much to do that you don’t even want to get started? Well, that is precisely how I was feeling some days ago …

If you have ever been to the same situation, then hear me out and you might find some tips in order to overcome that procrastination that is preventing you from get going with your studies.

You probably know the feeling right? You sit down at your desk hoping that TODAY IS THE DAY when you will finally finish that 300 pages long book that you need for your final exams. Well, you can’t even get started because it is simply too much!

What I recommend you doing is to first calm your mind before you sit down to do that. I recommend getting out for a nice walk and maybe getting a nice juice somewhere in the market. If you have your own juicer at home like a Breville 800JEXL, then even better! This way you don’t need to leave home and you won’t end up wasting so much time.

So after you’ve calmed yourself, what you need to do now is to sit down at your desk and say it to yourself:

I’ll only read 10 pages.

That’s it. 10 pages do not sound a lot right? That is precisely where the whole ‘magic’ will happen.

Have you ever started cleaning your desk only to find out that you got into the flow and when you’ve realized, you had cleaned all your room!? Well, that is actually what you want to achieve when you are there with your books. You only need to get started and inertia will take care of the rest – either for good or for bad.

So that’s it. I hope this little tip will help you getting over with your law school exams so you can relax later on knowing that you have accomplished what you set as your goal

We were just recently learning about the concept of joint and several liability this semester and it actually got me thinking of internet commerce generally and a firewood rack that I just bought for my father from the Firewood Rack Outlet online.

For those that don’t know, joint and several liability is the legal concept (generally) that multiple parties can be liable in a legal claim for the same liability. In practical terms this means that one party, even if they are only found 10% liable, can be responsible for the entire claim if joint and several liability is applied, especially if they are the wealthiest company involved in the liability.

So this got me thinking about internet commerce and the recent phenomenon of “drop shipping.” A drop shipping website is one where the website itself is just a retail store; while this doesn’t sound too different from a traditional retail establishment you’d find at the mall, it differs in this respect: the website doesn’t carry any inventory in most cases. So they never actually see, touch or mail the product themselves.

They receive an order and payment online, they forward it to the manufacturer and the manufacturer then ships it out to the customer and bills the website. That’s the entire transaction from the website’s point of view.

So coming back to joint and several liability: let’s say my father starts a fire that somehow burns down the house. Who is liable? You can probably argue that, if there was faulty design on the fireplace screen or the chimney in some way that anyone related to those items are liable. Would the company that sold him the firewood be liable? Or the company online where I bought the firewood rack?

If that company is liable, then is the manufacturer as well since they were the ones who actually dealt with the item? It seems like a stretch, but much of the legal system isn’t perfectly intuitive, so I’m going to do more research and will report back in a later posting.

Did you know that one of the best things you can do to protect yourself in myriad situations is to have a power of attorney form? This simple form can help you designate someone to act on your behalf in certain situations where you are unable to do so.

A few of the situations where you might want to create a power of attorney include:

• If your parents are watching your children during the day, a power of attorney can give them authorization to seek medical attention for your children if the need arises.
• If you’re traveling out of the country and will not be able to pay your bills personally, you can give power of attorney to a trusted friend or family member who will pay your bills on your behalf.
• If you have an investment account and want someone to be able to make decisions about the funds in which you are invested, a power of attorney form filed with the investment firm will accomplish this.

You can easily find a power of attorney form online that you can customize to your needs and have signed by the involved parties and notarized. This does not need to be done in the presence of an attorney, although it can be done that way if you prefer.