daxle_remains_unconcerned x i decided to consolidate all of my blathes into one single page. i believe the title sums it up. if you're leaving, if youre just arriving, it doesnt matter, i could sincerely give a fuck. for those of you just arriving, thats part of my flippant charm, for those of you leaving, well, you know this already. i am charming because, no matter what, i can remain unconcerned when it seems clever and seem real, raw and gritty enough to pass myself off as human being when the mood hits. underneath it all, though, realize that i remain unconcerned. im as capable of putting a knife in your back while im patting you on it as ive ever been. 040907 ... symphonic Well, unconcerned I am whether you like what I shipped you. Chuck em or keep em. 040907 ... ever dumbening did i show you my sculpture where the two figures are shaking hands and stabbing backs simultaneously? 040907 ... daxle dear, if you're going to Impersonate me, you should at least take note of the fact that i am back to using "daxle" instead of "x" 040907 ... x that doesnt really concern me now does it? 040907 ... daxle It's strange, while I find this a cold assessment from someone who doesn't know me but has been offended by my words, it doesn't upset me at all. It's well written, and ultimately amusing. Obviously it wasn't Too far off from my style or Senor Fark wouldn't have responded thinking it was me. Good work. 040907 ... daxle Oh and Rosy, I appreciated the sentiment very much and I will not chuck anything. 040907 ... x no. thank you. an artists work is only as good as the original. and your writing presents to us as cold a fish as aluminum foil and a frost free unit have ever surrounded. even your apology to Rosy comes off as stilted, unnatural and forced. it almost feels like damage control, the sort a politician might engage in. heres an interesting trivia question - what do daxle and george w bush have in common besides not knowing who i am? 040907 ... p2 oh, oh, i know they remain unconcerned? ps- you are mistaken gwb already knows who you are BIN LADEN!!! 040907 ... p2 sorry don't know what came over me /goes back to sleep 040907 ... farkando mondragon si, estoy trickandoed 040907 ... farky el tercero yo tambien 040907 ... ever dumbening and if i didn't just make it infinitely clear, i feel stupid. but that's why they call me what they call me. is what they call me 040907 ... daxle you are one of the most well adjusted people i know. to me, that's smart. 040907 ... minnesota_chris that x is a former daxle, but the one now is in love and isn't really quite that edgy any more 040907 ... daxle really? who am i in love with? 040908 ... x hear that? youve lost yer edge. no if that isnt enough to speed your non existent pulse into an almost perceptible beat, no doubt this new love interest should have blood flowing through you veins at glacial speeds in no time. hint - its part of the reason that both she and bush are so adept at lying to people. 040908 ... jane i find solace in the irony that this impersonator [or whatever] is concerned with all of us knowing how unconcerned he or she is - so let me see if i've got it - daxle remains unconcerned, yet x remains concerned? correct me if i'm wrong, i don't like being confused 040908 ... daxle prove one time that i have lied one thing i am not is a liar 040908 ... daxle your bitterness and meaness doesn't say much for you as a person either, x 040908 ... x ahhh, the irony and the hypocrisy! its never been that far below the surface with you, now has it? you say that im bitter and im mean. would you be at all surprised that "I find this a cold assessment from someone who doesn't know me but has been offended by my words"? im not bitter, youve done nothing to me and quite frankly, i dont think that you could evoke any emotion in me. im not one of these toys you play with on blather. im not one of these hearts that longs for compassion whose ribs you can slip your blade between for nonchalance and effect. im nothing like them. im like you. cold, calculating, analytical and unconcerned. why do my reasons for doing this concern you anyway? you certainly dont need a reason to casually disregard another, why should i? i am you. get over yourself long enough to deal with that. just do us both a favor, if you ever decide to leave this place, make sure you use the preestablished blatherskite graveyard, so that when you come back again, we can disregard your goodbye. hint - its the reason both daxle and george bush can look you in the eyes and tell you they care about what you think while at the same instant theyre thinking of all of the reasons that youre a worthless lump of shit. 040908 ... daxles damage control spin machine "you are one of the most well adjusted people i know. to me, that's smart." so predictable. who are you kidding? 040908 ... Von Hellstaff We really must remember to write that prescription for the battle of the split personalities happening, write here. 040908 ... x let's have a little more fun demonstrating that daxle is a lying basketcase of a hypocrite who likes to play politics. she pleads that you believe that she is not a liar, even demanding that her "bitter" alter ego provide proof that shes capable of lying -"prove one time that i have lied, one thing i am not is a liar" ok, lets agree that if i can find just one example in this very blathe, she couldnt have written much more without lying. perhaps shes just pathological? perhaps they slip out of her mouth without her even realizing it? let's see "it doesn't upset me at all. It's well written, and ultimately amusing." well, daxle, my twin sister, you dont seem to be laughing here - "your bitterness and meaness doesn't say much for you as a person either, x" ho ho? hee hee ha ha? and of course youre not upset. of coooourse this doesnt bother you. thats why you took the time to go to another blather and say this - "gee, i wonder if this "impersonator" is someone who has purported to have left... and yet still can't get over her little grudge against me.." seems to have had more of an effect than youll let on. but your words have always given you away. didnt you know that? you dont even remember typing this blathe, do you? you cant remember creating this blathe at all. no, dear, sweet, sensitive alyssa, you dont remember typing the words youre reading right now at all. no wonder you dont know what a liar and a hypocrite you are. im afraid, sister, that youre losing your mind. take my word for it, to the bitter end youll deny that you ever blathed this. youll continue to claim that x is someone else. 040908 ... The Spork Rest assured, I'm not behind this, I prefer to be as specific as possible in my Critiques, and usually only after you've been specifically unfair to other 'skites about one thing or another. Thinks this is all a little strange. 040908 ... ? daffy 040908 ... He Who Shall Not Be Named It's not Dafremen. Misstree? 040908 ... daxle You didn't prove that I lied. My reaction to this has changed as you have spiraled out of control. You obviously are only encouraged by my participation in this, megan, so I'm quitting. 040908 ... globalfruitbat feels very dizzy...and might faint I'm clearly way too sick to be reading this, because none of it made sense. Not in the way that I really didn't know what people were referring to (and I didn't, not being in on some of the more convoluted politicing of blather) but because I'm all weak and it all looked like klingon or sommat. SO..my point? umm, I should avoid all heavy machinery and keyboards until my cold.flu/whatever goes away. and...this was fun to read while doped up on allergy pills. Thanks! 040908 ... ever d. mad flonto style i'm going to scahu (oh, and i appreciated your comment, even if the impersonator deemed it spin (how, i'm not sure)) 040908 ... x well thank you. it was so important to me that you think well of me. this person is just playing stupid games with our heads. youre super duper smart, one of the smartest ive known in a very long time. it is an honor and a privilege to know you. 040908 ... x well what do you know, that was meaningful. i guess they arent just words that anyone could say whether they meant them or not. nope, definitely no spin going on there. 040908 ... daxle im not sure why this x person thinks that i would engage in damage control or spin. i mean, what other people think of me has never been an overriding concern. im not into the whole popularity contest thing. but i also dont want to hurt anyones feelings. 040908 ... daxle muahaha, now i have two people impersonating me. that's rich. well i guess from now on if you want to know whether it's me or not you'll have to ask a special question or something. 040908 ... x of course you dont want to hurt anyones feelings. thats why you engage in flippant sarcasm aimed at hurting peoples feelings as almost a trademark signature. and im sure that everyone here believes you when you say that you arent out to win any popularity contests. well until they get to the daxle blathe and read this - "suddenly I am some blather stranger, out of the in crowd, and it weirds me out and makes me sad." gee why would you go out of your way to engage in damage control and try to retain your blather popularity rating? i have no idea, it must be something an impersonator pulled out of thin air. hint - its the reason neither george bush or daxle can ever look you in the eyes for more than a few seconds. 040908 ... daxle and it gets more and more interesting the further down the daxle blather we go bitter? meanness? "sometimes daxle is wantonly cruel" says daxle herself "oh, and i appreciated your comment, even if the impersonator deemed it spin (how, i'm not sure))" go read the daxle blather e d, where youll find this interesting insight into who i really am. "I'm a control freak and I have trouble with not being the blather_queen sometimes" of course i engage in spin and damage control. i need to be in the in crowd and i need to be the blather queen and i need to be in control. consider yourself controlled. you continue to have a favorable impression of me because i said you were smart. how simple was that? push the right buttons, say the right words. im a politician at heart. 040908 ... flesh daxle see this is where you reveal your poor research skills. where you can only try to spin E.D. on blather, I know him in person, and can call him. He doesn't need to look at blathers to figure out who I am because he knows better than you ever will. 040908 ... flesh daxle there's no reason for you to be all butt hurt against me, megan. if no one was tradgedized by your little goodbye i'd say that's your fault, not mine. 040908 ... and again i say the _only_ issue is that some fuckwit is using someone else's name. high bullshit in this land of _very_ few rules. a considerably higher crime than any crap kx or chrity could dream of. cut it the fuck out. if you want to remain anonymous and attack people, that's one thing; we're all largely anonymous here. but co-opting an established persona is truly fucked up. there is a very big difference. fucking stop. 040908 ... x how could anyone know who you are? over the phone or otherwise? you are the one who has done poor research. you dont even know who you are. you have no clue. youve been searching for what you are since the day you were born and have failed miserably all along. "what a strange time it's been in blather these years. it changes unexpectedly just like outside life." just like you change unexpectedly. why do you change unexpectedly? i think youve answered that question more than once. "i'm pretty tired of being me i'm doing ok but it's a lot of work to be ok all the time" - daxle from the daxle blather "oh god. i am so ready to be someone else." - x from the daxle blather who are you? warm hearted human being? "Oh and Rosy, I appreciated the sentiment very much and I will not chuck anything." or coldhearted, unemotional bitch? lucky/puredream/ethereal "I love you all. But I can't stay." daxle "can't we consolidate these into one page? it's be easier to keep track of and then they can just sign back in when they come back like they always do" (ie, begone you nothing) so you can talk to e d over the phone and do with words out of your mouth, what youve always been able to do with words from your fingers. manipulate peoples impressions. so? and that would prove what? that youre an even better politician over the phone than you are on blather? i missed your point entirely. why should anyone believe that you arent playing this whole game because it amuses you, blather queen? i mean you are tired of being you, why not be your own impersonator? 040908 ... daxle for one, i know him IN PERSON, as i said, not just over the phone. but mostly because i never, ever lie. unlike you. you keep bringing up your goodbye blather over and over and over again. GET THE FUCK OVER IT! FIND YOUR SPINE! You said you were leaving so fucking leave already. The people who truly know me know that I am caring and I am not heartless, but neither am I full of shit. I am trying to figure myself out. At least I know myself well enough that I don't run around impersonating other people. 040908 ... x your words are so revealing of whats going on inside your head. if you spent as much time reading your words as you have mine, youd see some pretty fucked up shit. "where you can only try to spin E.D. on blather, I know him in person, and can call him." (i see, i can only try to spin him on blather, but you can do so over the phone. nice slip of the tongue there genius.) and no. i dont see a single thing wrong with "co-opting an established persona" especially when the persona has asked us to "take note of the fact that i am back to using "daxle" instead of "x" " so is the persona "x" now completely off limits because this one to two dimensional control freak, with a heart when it suits her popularity complex needs used it at one time? is that how it works? are you telling me that noone in the history of blather has ever played games with another persons "established persona"? is this virgin territory were crossing into? or is it only a high crime because the victim happens to be her majesty the blather queen, who can dish it out but cant take it? 040908 ... x oh and by the way. im not megan, whoever that is. (she mustve been the person whose goodbye you so casually disregarded based on your pokings in the dark) thats what makes this so amusing, and so daxlelike. i have no emotional investment in this whatsoever. its just a game, and you make an excellent ball. do rant some more and guess who i am. tell me what i can and cant do on blather again. that was the funny part. 040908 ... ever dumbening she came to my first ever art opening. many of my long-time friends did not. she teaches kids, a noble task under all circumstances. she knows a shitload about the world, the way it works, the way it doesn't. she is always questioning. she has gone through a great deal of change since i came here almost three years ago. i too have gone through INCREDIBLE change since arriving here. (research me, if that will help make this point: who_are_you .) many people complain about other's behavior here; most do it anonymously; she does not. and in the end, she is trying to bring up the average in this wonderful place. she knows a shitload about plant biology. and that deserves high praise in my book. she is crazy. i am crazy. you are crazy. she will come see my first ever landscaping job. because she gives a shit. 040908 ... x well hoooray! im sure youve done wonders for her self esteem, your friendship and all of the people who really think that it matters at all. i dont. is that so suprising to you? you didnt expect me to cry a river of mewling green eyed black kitties over causing her a moment of mood swing here did you? but of course you did. of course it makes all the difference in the world that she teaches kids out there and tells them to get bent in here. and the fact that she explains in very candid and logical terms why they should go fuck themselves is a noble endeavor since she chooses not to do it under the cover of anonymity. (dont think youre kidding anyone oh landscaping superhero come to the queens rescue, daxle and x have tried to shoot people down anonymously many times before. especially when she was afraid of coming out of the confrontation with shit on her face. she does have that incrowd popularity contest to think about after all.) neither your relationship on the outside with her, nor your relationship on the inside with her are of concern to me. you are bank shot off the side rail, thats all. sorry to disapoint you. there is nothing that she has done on the outside that has anything to do with me. in fact, theres nothing shes done here that has anything to do with me, except catch my attention by being a bitch. there are few pursuits on this clique in blue more satisfying than turning the hunter into the hunted. daxle fancies herself a clever, logical, hunter in control. smells like prey to me. 040908 ... ever dumbening you didn't disappoint me. well, you know what they say about internet arguments and the special olympics... this particular retard is opting out (despite the temptation). 040908 ... flesh_daxle like i said up above, youre one of the smartest people ive ever met. it was an honor and a privilege. 040908 ... x by the way, she didnt write that. i did. 040908 ... sameolme Well I should hope so! When I go, I want my remains to be completely carefree. 040908 ... sameolme Damn! Am I supposed to read all the crap that comes before my pearls of wisdom? Before I blathe? 040908 ... lucky/puredream/ethereal This needs to be said. So to go back on my word just this once. I return for a simple second. Please read: http://blather.newdream.net/red/t/things_you_don_t_know_about_me.html Especially you Daxle. 040908 ... misstree not unless you like High Drama. one of the things about dax that has always made me smile is that she is down to earth, unconcerned, somewhat detached, but if you look at what she presents, that's just aspects; there's more. she's a complete person, and i personally have no reason to believe she's full of shit. much as i love a good shitrake, this seems a pretty nasty and spin-filled vendetta to have an impartial source; so come out with it; what did she ever do to you? doesn't give a shit as long as she's entertained. 040908 ... stork daddy what is this crap? 040908 ... a "point" "extra Fresh_and_green crap" Goedel's_Theorem 040908 ... . * Be_on_Notice * 8 Sep 2004 Retired officers call for independent probe of military detention, interrogation practices http://story.news.yahoo.com/news?tmpl=story&cid=1521&e=1&u=/afp/20040908/pl_afp/iraq_us_prisoners_letter_040908204302 WASHINGTON (AFP) - A group of retired generals and admirals called for an independent investigation into detention and interrogation practices at Abu Ghraib and other US-run detention facilities 040908 ... "Investigations that are purely internal to the military, however competent, cannot examine the whole picture," 040908 ... m21k (: 040908 ... e..g. The_Millennium_Prize_problems 040908 ... and Superstring_multidimensional_crap... 040908 ... globalfruitbat seriously, wanna see how this looks from an unconnected point of veiw? try some night time decongestants and read this. You all really make no sense. (and I know that I've got nothign to do with whatever's going on, neither do I care, but please, just chill.) still all woozy 040908 ... minnesota_daxle I'm going to imitate daxle too! Um... this is stupid. What kind of a wanker (no, she wouldn't say that) an idiot must you be, with no life, to spend your time ... ah crap I can't do it. 040909 ... minnesota_chris landscaping superhero? That's ME! Daxle doesn't need rescuing... you do. You obviously have to let go of a huge pile of resentment, which is consuming you. is off to make a landscaping superhero costume 040909 ... x perhaps ill spend a little time "resenting" you. you've really got to learn to distinguish between resentment and boredom. and lets face it, wasting time due to boredom is blathers lifeblood, so lets not even get into who does or doesnt have a life. not for as long as you frequent this place anyway. daxle herself will write things for no other reason than to say them, because shes here reading, and has nothing better to do. neither do i. dont forget the workgloves. 040910 ... dudeinanigloo Sorry to break up this little feud, but I just have to say something. This is directed to whoever impersonated daxle, and who obviously hates her: Please keep your immature rants to yourself. Nobody on blather wants to read about what you think of daxle. If you don't appreciate what she writes here, just ignore her posts, and get on with your life. It's not healthy to hold a grudge against someone -- I learned that the hard way. If you really need to get it out of your system, just send HER (I can never be sure) an email, and tell her what you think. If you can't do that, then it's probably not worth it. I am also not implying that you don't have a life. Rather, that you could be spending it doing more productive things than critizising others. Wait!! Before you start to write an angry reply, please consider what I have written. Thank you. Yours Truly, --- 040910 ... dudeinanigloo Oops, scratch the writing in brackets in line 12... 040910 ... dudeinanigloo My bad. 040910 ... Innocent Bystander By the Way, None of This is Me. In Case You Had Forgotten. 040910 ... x in response to your enormous waste of breath up there. no. i hope that addresses all of your points and concerns. feel free to waste your time "putting me in my place" anytime. have a nice day. 040910 ... sameolme Please don't disturb daxle's remains, we would like for them to remain unconcerned. 040910 ... XK iLINK:- truly_insightful 040910 ... dudeinanigloo x: Okay, not only am I appaled at what I have read so far, but I just read a few more posts of yours, and I am now starting to get a little freaked out. I was hoping you would listen to me, but it appears that you are too preoccupied with insulting and threatening someone that you don't know at all than to listen. I also hoped that you would at least have the maturity to acknowledge my (and other people's) words, and consider what YOU are doing, and not what daxle is doing, because she is not doing a lot to provoke YOU. As I said in my previous post, it is unhealthy to hold a grudge. But what is going on here is nothing like that. You don't even know daxle (for that matter, her real name), and you don't even have a legitimate reason for all this bullshit artistry. So, unless you are as immature as I think you are, you will respond to this telling me why you hate daxle, and what drove you to write about her like this. You may also elect to point out my ignorance, because I know that I'm missing something. I will then, depending on your response, leave the argument - no questions asked. Thank you, and have a nice day too. Yours Truly, --- 040914 ... not daxle ... not fake daxle point of information: he does actually know her name in one of the other blathers in this microshitsturm, he addresses her by name 040914 ... x her name was easy to find as was her phone number. (use_your_own_name) (my_cell_number) both of these were found by clicking on her name. my reasons for doing this are mine to know and began only because she started to use her intellect to belittle anothers goodbye. there is no difference between what she did and what im doing except degree of severity, and the fact that i remain anonymous. when we choose to bully others with our minds and our words, wouldnt it be nice if we took the possible consequences into account before we started spewing our opinions all over kingdom come. these are the consequences in this case and there is nothing anyone is going to do to stop them. 040915 ... orion keep waving that red flag, you...blissfully unaware of the bull in the rushes. "degrees of severity," indeed. if any of your talk has gone beyond being just talk, rest assured, so will mine. 040915 ... the hunter You see, it's very simple, little impersonator: You can get over yourself now and give this up this pursuit or i can do one of two things: i can either make a very literal "federal case" out of this, or between people i know and people who are known to people i know, i can invest five figures to the left of the decimal to find YOU. abandon your little game NOW. 040915 ... stork daddy what the hell is wrong with you people? 040915 ... orion well, stork, if whomever the monkey messing with daxle thinks that there is nothing anyone can do about it, i've got friends on either side of the law (plus $10K for the friends on the "wrong" side of it) who can help me prove otherwise. because it's quite one thing to be pissed off or irritated by someone's perceived meanness and it's quite something else to keep escalating the resultant rhetoric into thinly veied threats and increasing signs of psychological instability. the dynamic of the food-chain has taken effect here. Someone wants to prey on daxle, I want to prey on that person - they want to talk of "consequences," i want to bring "consequences" into play. 040915 ... stork daddy gotcha. so it's kind of like...you're an idiot...but i'm a better idiot. 040915 ... stork daddy i'm mean you're almost granting the ineffectual piss dribble that person spouted a certain validity with your response. 040915 ... stork daddy no...wait...i'm not done yet...10,000 dollars? for that? god damn, i'd hate to see you after you get cut off driving. "A million dollars for the one who brings me his head!" 040915 ... uow 10thou could feed a lot of children 040915 ... stork daddy granted, imposters suck. but it has hardly reached proportions which warrant even mentioning cops or thugs, or the bribery thereof. i mean, it's ignited now i suppose, but yikes. that's all i'm saying...yikes. 040915 ... stork daddy uow i was going to say...did you know that for just ten cents a day... 040915 ... x : ) this is all pretty funny 040915 ... daxle my bet is on the 5 figures to the left of the decimal point on the other side of the law if he actually has it. there is no federal case here and he knows it. he thinks hes dealing with inferior knowledge and hes wrong. it isnt against the law to write things about a person, its not against the law to say you know things about a person that they made public and its certainly not against the law to call someone who has posted their phone number on a public forum. this is a case of man with comb in pocket tries to rob liquor store by pretending its a gun. the answer is no, you may not have all of the money in the register, that is a comb in your pocket. you called yourself the hunter. thats rich. :) 040915 ... . actually if an imitation isn't clearly parody (it doesn't add significant and creative interpretation to the original personality) and it clearly isn't fiction and it wrongly leads others to associate the imitated person with the comments of the imitator, then it falls under misappropriation. first daxle would have to show her name is of some value. Also if it isn't found to be parody, a case for libel might be available, although this would require proof that the imitator knew the things she insinuated via her imitation of daxle were false and intended them to cause pain or emotional distress. 040915 ... dudeinanigloo x: I can see that I (and everyone else) has failed to get through to you. I hope you realize that even though she isn't saying it, that daxle is pretty freaked out by your outrageous comments. I hope you'll come around eventually. Have a nice life. 040915 ... misstree i'm pretty entertained by both the concept of this and the way it's working out. "x"'s intent is to make daxle look bad both through impersonation and flaming, but the result is to make daxle look like a hapless victim of senseless and ongoing brutality. the threats and high_and_mightiness being thrown by "x" just add to the assumably unwanted result. and, as far as the whole degree of severity bullshit, well, i flick you off and you stab me in the eye. yay anarchy, neh? but again with that unwanted result, well, it's more like standing up and screaming obscenities and flinging feces like a monkey and making yourself look like an overreactionary idiot. imho, always, of course. neato. more entertaining of a mindless distraction than this place has offered in a while. 040915 ... Johnny Law Litigious Period, your legal advice misstates common law generalities. Misappropriation can involve the impersonation of another person, but the particular common law intentional tort containing the word "misappropriation" is "misappropriation of a person's name, identity or likeness for commercial purposes." Clearly, the commercial element is missing here, so there's no cause of action. And there's no way fraud will apply. The threshold for proving intentional infliction of emotional distress (IIED) is very high. Statutes defining IIED use language such as "extreme," "outrageous," or "shocking"--none of which reasonably apply to this case. Still no cause of action. You seem to be grasping for a civil action in the "invasion of privacy" or "defamation" vein. Defamation requires that published information (which can obviously include Internet publishing) be false (which doesn't seem to be the case here, since the sometimes imposter didn't state any provable or disprovable facts about your potential plaintiff) and injurious to reputation (nope). Oh, and by the way, although there is a persuasive case that this sort of "impersonation" IS parody, parody is not a defense for defamation of private individuals. This doesn't really matter, of course, because the only way your complaint could make a prima facie case for defamation, invasion of privacy, fraud, or IIED--and thus avoid immeduate dismissal--is by misstating the substantive facts. 040915 ... stork daddy wow...and there's legal mumbo jumbo. seriously...what the hell is wrong with you people? 040915 ... globalfruitbat no cough medicine involved. They take it all very very s e r i o u s l y... (it's all serious. let's all make our serious faces.) 040916 ... minnesota_chris ten thousand dollars?!? and I wanted to be an English teacher. Tell you what. $395, plus expenses. daddy needs a new anime DVD collection. I'll find him, or get drunk trying. I mean, die trying. 040916 ... orion/the hunter my inference from some of the daxle impersonator's comments was one of a potentially threatening nature and i quote: ["...degree of severity..."] ["These are the consequences in this case and there is nothing anyone is going to do to stop them. "] marry these particular remarks with the recent burglary of daxle's apartment and it adds up to "reasonable suspicion" which is all a cop on the street needs to stop and question someone. And no, if someone cuts me off in traffic i merely drive on, ofering the one-finger salute either in their rear-view or as i pass them. I just don't take kindly to people making or even, by the thinest of threads, implying threats. and yes, i've got the money, ready to be paid either in cash, via cashier's cheque or by wire. i attach no threat to my warnings, just letting you know that i can keep an eye on you too "x" 040916 ... daxle you're all nuts i am concerned by the way not about this but lots of other stupid things you know you care when you're nauseated, short of breath, and have chest pains 040916 ... birdmad other than "wow, this is freaky," i don't have anything to say about any of this 040916 ... Dr. Law The difference between what a cop needs to question someone and what a potential plaintiff needs to prevail in a civil action (or to a much greater extent, in a criminal case) are vast. 040916 ... stork daddy i think a preponderance of the evidence shows that a verdict of silliness is mandated as a matter of law. summary judgment is hereby granted to the silliest person in the room. 040916 ... x ill take that judgement and any others too. isnt it though misstree? entertaining that is. although your spiel was no doubt for purposes of displaying your excellent grasp of the law, johnny, id like to thank you for pointing out how absurd our wouldbe hunters empty threats really are. degree of severity means just that. she said a single line to belittle another, im saying all sorts of them, and no, it really doesnt matter whether daxle comes out as the villain or the victim, as long as people like the hapless hunter over there keep leaping to her defense. as i said, boredom is as good a motivation as any and watching all of the "monkeys" jump around puffing their chests out is certainly worth getting a little shit in my hair. it washes out so easily from my teflon locks. 040916 ... The Duke of Law Stork, you're confusing motion for directed verdict and motion for summary judgment, which occur at different procedural stages. Motion for summary judgment occurs during discovery and doesn't involve a verdict as jury selection has not yet begun; motion for directed verdict occurs after the plaintiff's case has been made before a jury. In advance, I know that you were joking, but I felt like typing this mumbo jumbo anyway. 040916 ... stork daddy oh i always mix those two up. but man...ask me about personal jurisdiction...i'm totally...actually i'm pretty mixed up on that too. shit...what the hell am i doing with my life 040917 ... stork daddy i remember in the physics department they always used to make fun of the engineers. it feels like i'm one of the engineers now. to add to the mumbo jumbo... demurral. isn't that a fun one? remember...all of this is in pessima fide. and daxle...the xbox was stolen too? that does hurt. 040917 ... LawBox Yes, demurrer is fun, because it lets you respond to the complaint, "So what?" But J-MOL is the cooler term for it. Don't you mean "mala fide?" 040917 ... stork daddy no...pessima means the worst. mala is just bad. come on...as long as we're being extreme here. 040917 ... stork daddy and also...demurrer is still cooler since JMOL is an acronymn that when broken down can be explained with only a minimal departure from the common meanings of the word. but to demur is a verb that pretty much barely entered and certainly has by now left the common useage. i stand by it! 040917 ... Law Something Were we being extreme? I thought we were tossing out legal terms. How about.... sua spontaneous combustion? That's kind of extreme. And I have to disagree with respect to your characterization of the preferred mode of referencing judgment as a matter of the law. JMOL sounds proactive and agressive, as in "I just J-MOLed that guy!" Demurrer sounds like demure, which connotes submissiveness. 040917 ... sameolme Exlax remains unconsumed. 040918 ... stork daddy i don't know...a demurral sounds like some kind of incantation. spontaneous combustion sounds pretty extreme with or without a sua. so i'm all for it. and this entire blathe is extreme! 040918 ... Cardinal Law Yes, but sua sponte is also extreme in its own way, so there's a kind of overlapping extremity (extremeness?) there. What about res judicatapult? Habeas corporal punishment? 040918 ... Syrope infintitely clear is such an odd phrase i think if i should ever find myself face to face with infinity, i will find it anything but clear 040919 ... stork daddy res judicatapult...that must be along the lines of res ipsa loquiturtles. so besides being subject to it, what's your relation to law? i'm a lowly first year who has qualms about the entire endeavor. of course this doesn't surprise me as law is just a subset of life, an endeavor i also have qualms about. 040919 ... Law Guy Despite what I may have implicitly bluffed, I'm just a lowly 1L as well. I had my law qualms as an undergrad, but these days they're conspicuously absent, supplanted by a pragmatic desire to master the law as a trade. Although my intentions in pursuing a legal career are not entirely mercenary, I don't have any grand illusions about what I might accomplish as a lawyer. Although I respect the law and those who've mastered it, I try to tell myself that being a lawyer is no more or less noble than being a plumber. Is that the wrong attitude to have? 040920 ... C.A.A.C. ... citizens against ass crack just say no to lawyer's_crack 040920 ... stork daddy Well it would seem to me if you're able to divorce the nobility of a profession from the compensation you receive from it, then no, it's not the wrong attitude to have. However, accepting the difference in compensation would seem to me an implicit acceptance of the reasoning in our society for that difference. I have seen thus far that the law does develop in you the ability to make distinctions, but the distinctions presented to me in case after case in the law thus far are much more pragmatic and ineloquent than all the posturing and self-importance of its practioners would suggest. Although, in fairness, the reasoning of judges like Holmes and Cardozo certainly is the best example of persuasive enthymeme on this side of Socrates. lately, i've been as impressed by old men telling stories sitting in bars as i have been by my law professors. but i have to remind myself that the law is at its core a practical trade on which hinges the interests of real people, who are under various constraints of time and resources and yet cared enough about their issues to have a lawyer employed, usually at great cost or potential cost to them. So on an unrelated note, did you actually look all that stuff up about defamation in the conversation with the period before you went on to examine the incorrect connection between summary judgment and verdict in my joke? Your school is a lot further along in torts than we are if that was off the top of your head. Also, do you post here regularly under other names? My motivation in asking that question is purely transparent and selfish so feel free not to answer. 040920 ... stork daddy Descriptive rather than normative eh? I see you had time for some philosophy classes as well. I'm impressed you have the energy to write eloquently after a day's worth of class. We've almost completely changed the topic of this blathe. While I won't go as far as you have, I'll say certainly of Scalia that he's probably one of the best rhetors I've ever observed when it comes to framing an argument. That underscores a point I think is lost on a lot of law students, we're competing with each other only in the most practical sense. Who we're really competing with, in terms of our understanding of the law, is Marshall, Brennan, Scalia, Hand and Posner etc. I suppose one of my main reasons for calling it mumbo jumbo is that the terms of art don't often do what they purport to do. A lot of the terms seem holdovers from a period in which the law exhibited, in its terms and proceedings, an unwarranted elitism that bordered on cultism (the judge still even wears a robe). Generally the terms serve as shorthands for quite complex and never fully defined categories, and I think that this, while useful to lawyers, hides from laypeople a lot of the pragmatism inherent in the formulations and interpretations of law. Now granted this should be expected when you consider the difficult task that the law is attempting; namely giving a degree of predictability and validity to categories of human interaction. But a lot of the terms are not very clearly defined, and while ambiguity is how the law progresses, it is also foolish to look to legalese as a glimmering bastion of clarity. Simply put, it's the practical solution, and it often falls short of the rigorous definitions required in other elitist practices such as philosophy, although it seems to attach the same self-importance that philosophy imbues its terms with. Being the practical solution, however, some of the esteemed status of the law is justified merely by its importance in the lives of so many. I feel that in the interest of society generally, the law should make itself more amenable to understanding by those regular citizens it most largely affects. Lawyers will still be necessary just due to the amount of knowledge required to argue effectively a given cause of action, but citizens would at least have a better understanding of how justice was served in the case they are involved in. Off the top of my head, exemplifying the misleading wording in some legalese is the distinctions the law makes between prima facie, res ipsa loquitur, and negligence per se. These distinctions rest almost entirely on procedural aspects of law, rather than substantive ones as the terms in the names would imply. One gets you past summary judgment or directed verdict, and the other two serve as substitutes for circumstantial evidence (one allowing an inference of negligence, and one removing the ability to show due care from the defendant, with both shifting the burden of proof to the defendant). It would seem to me there would be better ways to separate the categories these concepts represent than such similar terms. I'm not saying I have an actionable better idea, nor do I hold myself more knowledgable than the countless brilliant practioners and developers of the law before me, but I am saying that jargon seems especially problematic in a field in which the clarity of words is especially important and can mean the difference between very good and bad events in your clients' lives. That said, I do enjoy the challenge presented in understanding the reasoning in the development of the fuzzy and important categories law is composed of. Also, Let the record show I enjoyed a lot of your posts as the Dafremen impersonator. Happy studying. 040920 ... lawguy I don't think that the elimination of terms of art would make the law any less impenetrable for the layman. As you know, holdings in case law can seem counterintuitive, illogical, or outright inconsistent at times. Sometimes it feels like one has to work backwards, starting with a more or less intuitive decision and trying to figure out how the putative logic works. Other times, one follows an easy logical progression to reach a judgment that seems intuitively wrong. While the law isn't exactly arbitrary, it's still pretty hard to understand. Maybe it's better that laymen feel intimidated by legal elitism, lest they ignorantly assume they understand the law to their own detriment. In other words, perhaps legalese gives notice to those who might otherwise think they understand what they really don't and thus compels them to seek legal aid (which is probably in their best interest anyway). There are those terms, like "quasi contract," which have an intuitive ring to them but which cannot be fully understood in practical terms through the general meanings of those words. Ultimately, the concept signified by these words determine liability in certain situations and must be distinguished from, say, promissory estoppel. I guess one shouldn't be mislead to believe one understands a legal concept just because one understands the component words themselves. Perhaps my ambitions (or talents) aren't as great as yours, but I'm consumed by the practical competition. I don't think I'll be one of the great legal minds of my generation--I just want to be ranked close to number one at the end of this semester. By the way, if I made a mistake as the Dafremen imposter, it was in surfacing at all. But there's something in me that hates the persistence of a mystery. 040921 ... stork daddy It's an interesting point, but I don't necessarily think that clearer terms of art would lead to laypeople assuming wrongly that they understand the broad and unfamiliar context that a term familiar to them exists in. I understand what a patella is, but if it is chipped, I go to a doctor. It's true that the laws themselves are ambiguous and often counter-intuitive and demand rigorous study much like any other field of expertise. However, using misleading and somewhat arbitrary terms as references to any given body of law seems to be needless obfuscation of a field which already holds itself as usually inaccessible to the average person if for no other reason than the procedures involved. There need be no additional hiding of the concepts of justice involved(especially when the concepts require much consideration even when the terms referring to them are understood). I suppose part of being a proper legal counsel is to translate for your client what interests are at stake in any given case. Your point is well taken though that it may serve as a deterrant to laypeople endangering themselves with undue confidence in their ability to understand the law. But I would argue that the need for laypeople to understand certain aspects of the law they are subject to outweighs the dangers of that understanding. Though this is perhaps, as I mentioned earlier, a job for counsel. As for my estimation of law school, you needn't worry about me thinking myself as one of the great legal minds of our time (I'm also, in my estimation thus far, not likely to be ranked even near top ten in my class), but I do think that the unique challenge practicing law presents at its highest reach is understanding the social philosophy law is a manifestation of. This involves contending with the foremost authorities of the law and their arguments and distinctions. I'm glad you seem to be enjoying it. The knowledge being presented to me is fascinating, although certainly the workload is a shock. Have you read Burnham on the issue of in-hand, in-state assertion of jurisdiction? I'm not sure I liked some of what Scalia attempted there. 040921 ... lawguy I haven't read Burnham, but it sounds interesting given that I actually feel more confused on the issue of jurisdication since starting law school. Could you provide the citation? 040921 ... daxles mom you kids scat! Daxle has to eat dinner now, you two go talk about your law things ontside. 040922 ... stork daddy Burnham v. Superior Court Supreme Court of The United States, 1990. 495 U.S. 604, 110 S.Ct. 2105, 109 L.Ed.2d 631 040922 ... stork daddy Burnham v. Superior Court Supreme Court of The United States, 1990. 495 U.S. 604, 110 S.Ct. 2105, 109 L.Ed.2d 631 040922 ... tyler waters omfg There is a LOT of useless shit in the blathe... 1) I don't think anything in here would stand up in court because frankly, anyone can type any name and any email address and it's ALL anonymous. (Unless of course you get newdream to fork over the log files and check the ip of the poster.. but shiat, is it really worth all that?.. i'd hate to be the poor sap the court appointed to look through blather's log file.. *shudders*) 2) People that immitate others anonymously are cowards. I for one don't know daxle. I sent her an email once, and she never responded. I've read a few things here and there... I think she's a tortured soul like everyone. She's loved. She's lost. I bet she has hair eyes mouth and a nose too. Same thing with 'x'. I kinda zoned out with the big long blathes on legal shit. How could someone dedicate their lives to this? "master the law". All you need to know are right and wrong. Maybe I just have higher morals than the average person caught in the legal system... What's my point? People are dumb. I can't wait till someone impersonates me... then I can scream and yell and throw out all sorts of threats.. i don't exactly have 10k to blow on a pointless persecution... but whatever. 041008 ... stork daddy people generally tend to only impersonate people that interest them in some way, so I think you're safe. 041008 ... stork daddy aww i didn't say that, now i'm being impersonated. 041008 ... daxle i never received an email from you 041008 ... neesh this kinda things makes me glad i'm mostly unknown round here 041009 ... minnesota_chris haha there's a lot of useless shit on ALL the blather pages!!! 041009 ... 109 (: 041009 ... ... 106, 107, 108, 109, 110... 041009 ... lawguy Tyler Waters, Although "right and wrong" play an important role in how statutes are written and how cases are adjudicated, a personal sense of morality is not in any meaningful sense "all you need," whether you're a lawyer or a plain old private citizen. Why? Because in real life and in real legal issues, determining "right and wrong" just isn't that simple. Adverse possession, for instance, allows a person to take legal title to someone else's land by moving onto it and using it for a number of years. Does this accord with your sense of right and wrong? At first sight, it probably doesn't, but if you look a little deeper you'll see that it is equitable in theory. Although I won't explain why this is (you can look it up), my point is that your intuition about how legal issues should be decided is often wrong. Also, a person's job, while it may be a significant part, is not the entirety of a person's life. Brad Pitt said so in Fight Club. And now back to Rule 12(b)(6) motions... 041009 ... my name is bennett... kookaburra_remains_quite_confused_and_uninvolved 041009 ... lawguy Good point, kx21. Sometimes one's intuition about right and wrong, untethered and uninformed by an objective standard like the rule of law, leads people to do immoral things, like torture Iraqi prisoners and the like. (At least, I think that was the point you were making). Now my question is, what's the point of allowing permissive counterclaims under Rule 13(b) when by definition such a counterclaim involves completely unrelated events, and thus should be ordered adjudicated in a separate trial pursuant to Rule 42(b)? 041009 ... Why not OOps... Order_theory... ? 041009 ... XK Specifically, Zero_point... 041009 ... god and i don't blame her. 041010 what's it to you? who go blather from