obey Obama propaganda

I've always been a fan of the obey giant propaganda campaign, by artist Shepard Fairey. I found out the other day that Mr. Fairey made that iconic Obama poster that you see everywhere. You know, the 2008 equivalent of the Che Guevara/Maoist/Stalinist images. This has been heavily covered, but it's news to me. I especially love obey's appropriation of Obama's striped fields logo. I guess Fairey also did a few pieces on Dubya, but I'm pretty sure the Bush camp won't endorse them any time soon... there's "one hell of a leader," "bush hell," and the "bush gore poster."

The socialist/communist implications of the Obama image add to the creepiness of a video, shot in Venice California, of a bunch of kids singing for Obama. People link it to weird communist rituals. Hilarious. The Obama campaign has apparently taken the video off youtube.

Are we in some sort of prewar Germany stage, where the beginnings of fascism are starting to take hold? There does seem to be a lot of young sheeple out there who worship the obamessiah without a clear reason for doing so. That's just Palin stupid. Although this is the election of a person, it's still important to understand ideas and not just focus on people. "Great minds discuss ideas. Average minds discuss events. Small minds discuss people." -- Eleanor Roosevelt.

I'm just saying things are interesting right now and if wrong moves are made, things could get very interesting. In any event, I just bought my obey Obama sticker on ebay, which has the word "progress" under Obama's image. Just how ironic it ends up being will depend on who wins in November.

skinny kid, funnier name

The "skinny kid with a funny name" -- a name that includes Hussain -- just made his name a little funnier.

Obama and Biden

Osama bin Laden

I'm just saying. Apparently 0ther people have noticed this too. Many of them seem slightly irrational or a little like conspiracy theorists. I just think it's funny. Actually at first glance, I thought Obama -- like the savior he is -- had captured bin Laden or something. But unfortunately, CNN was just telling me that Obama chose his running mate.

the medium is the text message

Obama will announce his VP via text message. He claims he wants to avoid the pomp & circumstance of traditional VP announcements. At best, this gimmick is yet another non-substantive issue to distract this campaign. At worst, this is actually self-defeating for Obama because it plays into McCain's criticism that Obama is all flash and no substance.

I wonder how the VP feels about this by the way? A little snubbed? Or a little bit like a pawn in all this? I know the job of VPs is to take lumps (unless they're Cheney), but to play second fiddle to a text message? Really?

I'm [sic] of this

So I'm writing a demurrer and just got the uncontrollable urge to cite an error-containing excerpt from the complaint just so I can throw in a [sic]. It's a cheap little poke into opposing counsel that feels good when executed to perfection. The style manuals have their own rules on [sic]. Here's my perspective as a litigator:

1. Only use [sic] when noting a typographical error. I've seen people use it when they substantively disagree with the language. In my view, that's just weird, lazy, and wrong.
2. Be sure it's actually a [sic]! You look way sillier for thinking a non-mistake is a mistake, than for declining to point out someone else's mistake.
3. If you're gonna throw out a slightly gratuitous [sic] you better be damn sure your own papers in that case are air tight.
   
4. Unless you're trying to lose, never use [sic] when quoting a court, especially your court. In that case, I would just use empty brackets -- or a convenient ellipses -- where the court's error would be.
5. [Sic]'s are distracting. They're tangential to whatever point you're making. (They simply show the reader that the mistake is not your own.) Also, all those brackets are hard on the eyes and further distract the reader.
   
6. [Sic]'s may be a sign you're quoting too much. I paraphrase as much as I can. Overquoting is lazy writing. Quotes are less customized (read, "favorable") to your case. And just as brackets are distracting, so are " "'s everywhere. Don't even get me started on block quotes....
7. So, ideally, you should only [sic] when there is an actual reason to quote that language. Executed to perfection is when a [sic] dutifully points out that key language in the opponent's papers has a typo. This advances your client's interests by subtly showing the court that the other lawyer is sloppy -- even in connection with crucial language. And it's a poke.

Okay, back to the demurrer. Pursuant to item #7 above, I'm gonna show some self restraint and not call out plaintiff's council [sic] for his [sic].

"That's what she said!"

So far my blawg only has one quote from NBC's "The Office." You'll just have to take my word that I'm a fan and I had a plan to pay modest tribute to the show in this blawg.

Well... I've been humbled. Check out this attorney's blawg, which is entirely devoted to The Office: "That's What She Said." (Based on my blawg's only Office quote, you know I approve of the title.) In true lawyer fashion, That's What She Said applies the law to the facts and analyzes the legal implications of The Office characters' workplace antics. Not surprisingly, the blawger is a labor/employment lawyer, at Ford & Harrison. Obviously a promotional move for the firm and a good one.

Verdict: Well done, my friend, well done.

Terms Of Use

My attorney has already started to earn his keep. Below are the terms of this blawg, which you agree to by entering this site. I just hope this effort didn't exhaust the retainer.

Oh, if you think my terms are ridiculous, check out the terms of use for the blog instapundit. This guy Glenn Reynolds, a University of Tennessee law professor, actually "requires" people to send him an affidavit if they don't agree to his terms! It doesn't look like he's kidding, but he absolutely must be, right? Mr. Reynolds obviously doesn't expect anyone to send him an affidavit. He just wants to go to court and say the absence of an affidavit shows that the other guy necessarily agreed to his terms of use. What legal-fiction malarchy. Is that how they do things in Knoxville? I hear banjos.... (J/K, I love the TN and don't worry Mr. Reynolds, my affidavit is in the mail.)

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So I might have "edited" -- or entirely fabricated -- Mr. Masterson's memo... enjoy!

TO: Faceman
FROM: Masterson
RE: Your psycho... I mean pseudo... blawg
DATE: [Redacted]

Your website needs some "terms of use." Please post the following:

In exchange for access to this blawg, and other sufficient consideration, all visitors of That Pseudo Blawg ("you") agree and acknowledge that:

Copy that. All content on this weblog/blog/blawg is copyrighted by Templeton "Face" Peck, Jr. and any of his other pseudo-nyms, pen names, and aliases (collectively, "Face"). This includes all blawg posts, the title "That Pseudo Blawg," and the pseudo-author's name and biography (which was appropriated from the television show "The A-Team").

Hook me up. Any and all uses of and references to That Pseudo Blawg -- whether in the web, Web 2.0, the blogosphere, the blawgosphere, the real world, or (yuck) the print media -- shall credit and cite That Pseudo Blawg.

Only a blawg. "That Pseudo Blawg" is only a blog/blawg; it does not offer legal advice. This site is for information purposes only. Nothing in this site is offered as -- or can reasonably be construed to be -- legal advice. You should not act or rely on this blawg. You should be particularly wary of any blawger who hides his identity.

Please don't sue me. You agree not to bring suit or any claim against Face or any of his agents -- in any forum whatsoever -- for anything in, arising from, or in any way related to That Pseudo Blawg. You also agree not to harass [is that one word or two?] Face in relation to this blawg. Face shall determine in his sole, absolute, and arbitrary discretion what constitutes harassment, as that term is used herein.

You break it, you buy it. If a claim is made against Face or any of his agents -- or if Face becomes party to any type of litigation or dispute whatsoever, in any forum -- because of anything arising out of or relating to your use of That Pseudo Blawg, you will indemnify, defend, and hold Face harmless against any such claim or dispute, including attorney fees incurred as a result thereof. This obligation is binding on you even if it is claimed or proved that Face was actively or passively negligent or otherwise responsible for the claim or dispute.

Common sense. The relative lack of redundant contract language, or other "legalese," does not make these terms any less enforceable than they otherwise would be. In addition, the fact that these terms may be slightly humorous to some does not make them any less enforceable.

You've been served. These Terms Of Use remain binding on all visitors of this web page until Face amends or cancels these terms in writing. Face may amend or add to these terms at any time, without further notice, by editing this post. Also, these terms will remain binding on all visitors even if this "Terms Of Use" post gets "archived" on this blawg.

I'm lawyered up!

I have retained the services of a fellow attorney to assist with this blawg -- Michael P. Masterson, Esq. Having Mike on board will help with some anticipated administration issues. Also, having an actual name affiliated with this blawg will give it some credibility/authenticity.

More importantly, assistance of counsel will greatly help keep this blawg truly pseudo-anonymous. I've asked Mr. Masterson to moderately "promote" this blawg. If I did this myself, people would more easily figure out who I am. Now there is a virtually immovable barrier between my identity and the public -- the attorney-client relationship. Only he -- and a few other trusted advisors -- knows my identity and unless he wants to get disbarred, he must maintain my confidentiality with the utmost care. (ABA Model Rule 1.6; Cali. Rule Prof. Conduct, 3-100.)

Without waiving any privileged communications, Mr. Masterson is in no way connected to any substantive content in this blawg. This blawg is mine and mine alone. Further, "[a] lawyer's representation of a client... does not constitute an endorsement of the client's political, economic, social or moral views or activities." (ABA Model Rule 1.2(b).) So, Mr. Masterson doesn't have to worry about this blawg dragging his name through the mud. In fact, he is actually fulfilling an ethical duty to take on a "fair share" of unpopular clients. (Comment 1 to ABA Model Rule 6.2.)

All of this is good for everyone. For me, I might otherwise find it hard ["that's what she said" -- Michael Scott, "The Office," Thursdays on NBC, 9/8 central] to find someone willing to associate with this potentially insane/offensive blawg. For the readers (if any), now that I'm free to blawg with impunity, this will definitely be the best and most entertaining blawg ever. (Mr. Masterson advises that the last sentence is mere "puffery" and you can't sue me if this blawg busts.)

"I did it, do you think I've gone too far?" -- Dave Matthews

I did it. I am the last person on Earth to start a blog. I'm going to grab myself a cookie... that was nice. Well, maybe that cookie was a little premature. I managed to make the first complete sentence of my first post not only overdramatic, but ambiguous! Did I mean: (a) I am the most recent creator of a blog; or, more boldly, (b) everyone on this planet, including me, now has their very own blog? Issues like these tend to define my professional life and hopefully this blog, which will actually be a law weblog, or blawg -- it will generally relate to the law and the legal profession.

Let's be clear -- my name for purposes of this blawg is Templeton "Face" Peck, Jr., but that is not my real name. What is real, however, is that I am a young lawyer practicing in San Diego, California. Why create a pseudonym to write a blog? What are you, some sort of weirdo? (Objection, compound; vague, ambiguous, overbroad as to "weirdo.") Actually, the beauty of anonymous blogging is the ability to write what you feel/think without accountability. It is especially helpful for lawyers -- in real life we're supposed to always be prepared and logical; but true blogging is less formal and thought-out. Also, now I can expose all those office sex scandals without fear of retribution.

Or maybe I just have a raging ego and like a young Marty McFly, "I just don't think I can take that kind of rejection" if this blawg busts. (That was a "Back to the Future" reference for you kids out there -- it's an oldie... where I come from.) I guarantee blogs have a lower "success" rate than restaurants. And the apparently false rumor is that nine out of ten restaurants close within the first year.