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30 April 2005
Farmers’ market report:
(1) lots of gossip with the vendors this morning about the NY Times article (and yes, we were out of there long before
the dreaded 10 AM tourist hour). (2) I got a few late-season tangelos, asparagus, strawberries, rhubarb, nettles, green garlic,
and pork. We stopped at the new French bakery on Columbus and had delicious brioches au chocolat before our usual cappuccino
at Caffè Greco.
Well, I’m glad this month
is drawing to a close. Too many emotional upheavals. Fortunately, classes are over. I’m trying to make it to the gym
faithfully over the next month or so for two reasons: (1) I don’t want to get as out of shape and worn down as I did
last December during finals, and (2) I want to be fit for my birthday. Not much
progress, though, on the one-armed pushups.
I’ve been noticing more
and more guys of about my age whom I’m finding attractive. This is good because (1) they’re aspirational role
models (both to be and to have, as he used to say), and (2) because I don’t want to get stuck like some do on the inappropriately young and unboyfriendable.
I feel lucky that my taste in guys has always kept up with my age.
Suddenly, studying has been going
better. I don’t know what happened, but I’m grateful.
I’m grateful too for a
little touching (finally), and the very cute and affectionate (with each other, not me) gay couple at Rainbow, one of whom (the hot shaved-head guy I’ve admired ever since I saw him in a yoga class) was either cruisy or merely
delighted to share his glee with another fellow traveler.
Sorry about the compulsive enumeration
today. I’m (1) in outlining mode and thus (2) can’t help myself.
29 April 2005
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The twin aims: discouragement
of forum-shopping and avoidance of inequitable administration of the laws.
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Does it abridge, enlarge, or
modify any substantive right under 28 USC 2072(b)?
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Must a district court sitting
in diversity apply a federal statute that controls the issue before the court and that represents a valid exercise of Congress’ constitutional power?
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Does defendant have sufficient
minimum contacts with forum so that forum’s exercise of JX is reasonable?
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If so, balance plaintiff’s
interest in the litigation against the burdensomeness on defendant, the forum state’s interest in the litigation, and
the defendant’s state’s interests
You can tell from the above that
I’m wrestling with the Erie question and personal jurisdiction.
Not much other news. Last day
of classes was yesterday. Studying makes me hungry. I’m feeling a little overwhelmed by how much I’ve had to learn
this semester. My escape hatch is travel fantasies: Rio this summer? Can I afford it? Can I afford not to? NYC instead? Vancouver?
LA, of course. Can I go now?
27 April 2005
I am earning a master’s
degree in procrastination. OMG. It’s not that I hate outlining, it’s that it’s so intense.
I’m not very anxious about
exams this time around, at least not yet. Denial? Maturity? Who knows. I hope it keeps up.
Nice article today in the NY
Times, by a local writer, about the Ferry Plaza Farmers’ Market. Yes, there are lots of tourists, but arriving before 10 a.m. to avoid them is not such a hardship. And the prices of Frog
Hollow’s giant peaches are ridiculous because, in my opinion, the fruit tastes as if it had been over-watered.
Two classes done for the year,
three to go. And I never got called on in one of them! It was the most Socratic of all my professors, the one who’d
just keep hammering away once he figured out that you weren’t prepared that day. I don’t think I’m on call
tomorrow. Professor Socratic gave us a nice send off, reminding us the point of all this training, i.e., to help “promote the general Welfare, and secure the Blessings of Liberty to ourselves
and our Posterity.”
I’m still obsessing about
going to Rio in August, but I’ll have to find a cheaper ticket.
25 April 2005
A better weekend than I would
have expected. The warm Spring rain made it feel like another town.
Farmers’ market report:
strawberries, asparagus, young collard greens as big as your hand, lamb, the last of the blood oranges, and a bunch of Sweet
Williams for the romance corner of my apartment.
On Saturday, after the 25th wedding
anniversary party for a cousin in the suburbs, my sister dropped me off a friend’s place back in the city for dinner.
His house is a former earthquake shack high on a hill, with views from the deck of Coit Tower, downtown, the Castro, the Marin Headlands, and even the tops of the
Golden Gate Bridge towers. Mighty fine. The host’s boyfriend made a paella on the grill outdoors (the only proper way)
with quail, sausage, and peas. I helped with the quail — it was my first time grilling in a shirt and tie. We drank
lovely and austere Spanish reds. Since it was Passover, we had the youngest child (age 37.85) ask a few (though not the)
ritual questions. One of the guests went to college with one of the deans at my trade school. She told me a few embarrassing
things I should ask him the next time I run into him.
Sunday, I hit the books and the
gym.
Classes end on Thursday. Hurrah.
22 April 2005
We’ll, it’s the two-year
bloggiversary of Cunégonde. Thank you, dear readers, for all your support and
comments.
I had an unusual amount of emotional
turmoil this week, but I’ve cut back on one of the triggers, so the choppy seas in my head have calmed (somewhat). Insight:
I'm not afraid that a guy I like will reject my overtures; I'm afraid that he'll accept.
I think I successfully avoided
burning any bridges at the moot court department's Trimalchian banquet of self-congratulation and triumphalism yesterday. I’m on the waiting list for spring, so we’ll
see what the summer brings. I still have my fingers crossed.
I spent today studying (mostly).
I’m not in horrible shape in Civ Pro. I have a long way to go on Contracts and Tax, and I’m half-way there in
Crim. It’s Friday night and all I can think about is the personal jurisdiction minimum contacts analysis after International
Shoe.
And the sweet peas in the window
box outside my bedroom are about to bloom.
20 April 2005
More bad news today. I have been
going through the anger, denial, sadness, bargaining, etc. phases, though not all in that order and not always one by one.
So I’m not on the moot
court team. I would not bother to go to the awards ceremony tomorrow (to be acknowledged as one of the best brief writers)
except that my instructor is probably going to win an instructor-of-the-year award.
I did at least have a very life-affirming
immolation of the written communiqués of the department still floating around my apartment. I should have trusted my gut feeling
and not wasted my time on this effort. The way department handles the announcement of the new team members and the rejects
leaves something to be desired. It’s funny how something I had no interest in became something I really wanted in the
space of two weeks, and now, it’s like ashes on my tongue. There is a Buddhist lesson in there somewhere.
On the good side, one of my favorite
classmates did get on the team, and I am very happy for her.
In other news, I have dusted
off the CD player to help get me through outlining. This time it’s Mozart symphonies and piano concertos.
Only 41 more days
of this. I can make it.
19 April 2005
11:30 PM: Still
no news. Am I fuckt?
8:15 AM: Great
dinner last night with my let’s -have-a-party-on-Monday-night friends. They’ve made Mondays the new Thursday.
We went to A16. I love that place. It reminds me, in a way, of the old Vanessi’s on Broadway in North Beach. Same fancy but good-eating
(i.e., bonne fourchette) clientele. An open kitchen with counter seating that you walk past on the way to your table.
Great Italian food. [Vanessi’s was the restaurant that inspired the whole revival of the open-kitchen doctrine —
if there’s an open kitchen in a nice restaurant in your neighborhood, you can thank Vanessi’s for inspiring California
restaurateurs in the ‘70s to put one in their own places. Everybody went there — society ladies, Italian families
that had moved to the suburbs (like mine), lonely college boys, tourists, locals, businessmen. I first ate there in about
1976 or 1977, when my Washington cousins came for a visit. I couldn’t find a good link that described it well enough,
but you’ll remember the nice scene in Tales of the City where DeDe sat at the counter and met her new friend.…]
At A16, we started with a glass
of Prosecco and a dish of artichokes, butter beans, and tuna conserva (and a little rosemary), and a plate of Dungeness crab
with peas, mint, and chili pepper (OMG that was good, and you know how I hate crab), and then we had the lighter-than-air
lamb meatballs in a tomato-white wine broth, with three contorni of white beans, cooked dandelion greens with pine
nuts, and potatoes and celery. We also shared a plate of homemade tubetti (the little tubes your Aunt Ruby uses when she makes
her macaroni salad) with lentils and tiny fava beans. It was the best thing I’ve eaten in ages. We spilt
a carafe of Aglianico. Mmmh. I love how they’re not afraid to simply scoop the food on to a white plate. No towers.
No fussy dots and swirls of sauce. Nothing bogus. It's good to be reminded how lucky I am to live here.
18 April 2005
Ninety-ninth anniversary of the
1906 earthquake. Golly. No buildings where I live date from that time, but I don’t know if that’s because they
were destroyed in the earthquake (it’s all sand here in the floodplain of a creek) or if they burned down, or if they
were just replaced. Contrary to popular belief, the earthquake, not the fire, caused most of the damage.
Still no news about whether I’m
going to make the moot court team. I don’t know if the delay is good news or bad news. I’m prepared for both.
My lack of enthusiasm for oral argument probably lowers my chances.
It has been a long time since
I’ve had any touching to report. What’s up with that?
17 April 2005
I spent today studying and mostly
alone. I didn’t speak to anyone until about 6 PM, when I talked to an acquaintance at the gym. I needed the quiet after
yesterday’s social whirlwind.
Saturday: up before dawn again
(love that insomnia). An early and quick farmers’ market, then off to my hometown for the 75th birthday party of a friend
of my parents (ninety guests!), then a little studying at the kitchen table and chatting with my sisters, then back across
the bridge for a dinner party with classmates, and then a housewarming in the deep Mission (I have house envy). So many
outfit changes! Shoes to match each one.
Farmers’ market report:
asparagus, English peas, spring onions, purple artichokes, blood oranges, beef, and green garlic.
The week ahead: a new pope? did
I make it on to moot court team? will I finish several outlines? will I get called on in the one class I haven’t been
called on all year? will I find true love? Will De Lay resign and then light himself on fire on the steps of the Capitol?
15 April 2005
Taxes! Does that word mean anything
to you?
I did get called on in class.
It was the district court and appellate opinions in Zapata v. Hearthside, 2001 WL 10000927 (N.D. Ill. 2001); 313 F.3d
385 (7th Cir. 2002). I gave ol’ Judge Posner a smackdown. If he didn’t write such luminous sentences, he would
have been exposed long ago as the arrogant chucklehead that he is. Don’t let’s interpret the Convention on Contracts for the International Sale of Goods without citing any authority for your clap-trap positions. Just make it up as you go. Must be fun to sit on the 7th
Circuit.
Otherwise, study, study, procrastinate,
procrastinate, study, study. That’s my life.
Delicious dinner tonight at Walzwerk, the East German place in the Mission: house-cured salmon with a beet salad, then a cured, smoked pork loin that had been
braised for a long time, with potatoes and sauerkraut, and a lovely streuselly rhubarb tart.
12 April 2005
All school news today. No touching
to report. I’ve been cloistered with books and briefs.
I survived my try-out for moot
court. I wore my new suit, my best cufflinks, and my new lucky shoes. I even shaved. My parents and my sisters have been very
supportive and have called every day for updates and encouragement. I hope I didn’t look too foolish during oral argument.
I can’t help but obsess over the mistakes I made. I at least got across the fact that I knew the law underlying the
case. Keep your fingers crossed for me until next week, when they make the announcements. Mercury is no longer retrograde,
which could only help. If it doesn’t work out, I’ll try for law review as a consolation prize.
It feels like Friday. I’ve
done more work in the past few days than I usually do in a week. I’m very close to being called on in two different
classes, so I have to brief everything very closely. So time-consuming and inefficient.
My sly plan for classes next
year appears to be working. I figured that most of my classmates would use their first round slots to sign up for Con Law
1 and Evidence, and that the third-year students would swoop up all the good electives. I knew that there would be more than
enough slots in both Con Law and Evidence, so I instead used my few chits to register for the electives I really want: Comparative
Law, Maritime Law, and California Civil Procedure. If I get on the moot court team, I’ll have to drop Maritime Law.
I won’t know until we finish registration next week whether my strategy worked.
10 April 2005
Lots of changes since the eclipse
on Friday. No, I’m not dating anyone. My moot court instructor convinced me on Thursday to apply to the school moot
court team. I had completely ruled it out, since I don’t care to subject myself to more oral argument. When I found
out that the team has slots for writers, I decided to apply. The application was due the next day at 4 PM (questionnaire,
résumé, writing sample, and passport photo), so I scrambled to get it done. Next up is preparing for a short oral argument
on Tuesday. “May it Please the Court” again. About 200 people apply for maybe 40 slots. Since I only want to write
for the team, not argue, I’m hoping I have a good chance. I’ve already picked out a shirt and tie to wear for
the argument on Tuesday. I hope French cuffs don’t make me look too glib.
Farmers’ market report:
blood oranges (Moros), avocados, stinging nettles, asparagus, prunes, and organic chicken legs from Hoffman (the best chicken ever).
The rest of the weekend: After
cappucino at Caffè Trieste, Saturday was taken up with dilatory efforts at studying. I remembered too late that I hadn’t yet paid the rent. Whoops.
I got up early on Sunday, brought the papers in before they were snatched from my porch by miscreants, went to Peet’s in the Castro for tea, where I read more tax (“ordinary and necessary” deductions), and then I hit the gym, and
had a hypomanic episode (abated now).
I studied until 3 PM, when it
was time to go to El Rio. The first time this year. It was packed with the usual suspects. I spent most of the time catching up with an old friend
I haven’t seen in years. We met 11 years ago when we both worked on South Park. I avoided tequila, didn’t dance
to the salsa band, and came home after an hour or so, set the chicken to braise (red wine, tomatoes, anchovy, bay leaf; brown
the legs, then braise them covered, skin side down for 45 minutes; uncover and continue braising, skin side up for another
45 minutes, or until tender but not falling apart), and studied some more. For the next 5-1/2 weeks I will be studying diligently
and productively. Studying diligently and productively. Studying diligently and productively. If I make it an affirmation,
it might just come true.
7 April 2005
I won the award for best appellate
brief in my class.
Hmmh.
So there.
6 April 2005
Happy Thirtieth Birthday to my
former young gay lover! I hope you have a great day (and I hope you’re never going to read this.)
Much disgruntlement yesterday.
Sick of school. My right knee was too painful to make walking comfortable. It has been bothering me for years, but this was
the first time I had a hard time walking. I’m used to difficulty going up and down stairs, and I haven’t been
able to run for years, but this was depressing. I’ve been putting off going to the doctor, because I can’t have
knee surgery until school’s out. And then last weekend I did something to my left hand (can you sprain your hand?) which
makes it painful to use against any resistance, i.e., making the bed. Whenever my body gives out or I injure myself, I have
a feeling of deep-seated betrayal. So what can I do at the gym without using my hands or my knees? Adductors and abductors,
and sit-ups. And then I ran out of gel, so my hair was all fluffy, but not in a good way. Another cross for me to bear. And
my apartment is too messy to bring anyone over. Is that purposeful? And it's full of spiders this morning. Plus I’m
still cranky about my inability to date anyone. Still stuck in neutral. I haven’t been in love for nine years, at first
by choice and then later because of post-traumatic-relationship syndrome. Everywhere I went last weekend was full of
single guys 15-20 years older than me. My future? Isn’t it time for me to make some changes around here?
Just give me the sunshine.
4 April 2005
If you're obsessing
and you know it,
Clap your hands!
If you're obsessing
and you know it,
Clap your hands!
If you're obsessing
and you know it,
Then your face will
surely show it!
If you're obsessing
and you know it,
Clap your hands!
If you're a little hypomanic and you know it,
Stomp your feet!
etc.
2 April 2005

Blood oranges: the top two egg-shaped ones are Sanguinellos; the large one on the bottom
is a Tarocco, and the little one is a regular old tangelo. The Sanguinellos and Taroccos aren’t always as fully colored
as the more common Moros, but they’re tastier. They were expensive, but it’s almost the end of the season, so
I snapped them up.
After the tumult of last week,
I had a perfect Friday night: I did school work until about 5:30, moved furniture at home (!), went to the gym, where I sat
on the exercise bike and read the NY Times and the Wall Street Journal, had a nice shower, got my groceries at Rainbow, came
home, made some pasta, had a glass of red wine, read the new issue of Gourmet (with special attention to the Calvin Trillin
article on R.W. Apple’s 70th birthday party in Paris), reviewed the tax consequences of alimony payments, and went to
bed early. No touching to report.
Something big in my life is changing
if I was able to move furniture on my own. I’ve never been able to do it without a friend present for moral support.
It just fills me with angst. Yesterday, however, I was the model of brisk efficiency as I took all the books of a seven-foot
bookshelf near the front door, arrayed them in piles in the front room, dismantled the tansu in the front room, moved the
bookshelf, installed the tansu in the front hall, and reshelved all the books. The tansu is now like an altar with my favorite
photos and a vase of ranunculus on top.
Farmers’
market report: blood oranges, stinging nettles, asparagus, duck sausage, salame, organic eggs, kiwis, khadrawi dates.
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