Friday, September 01, 2006

And now, a word from our censors

Sorry if I've been a bit quiet. I think it's been because of the weather -- a little chill in the air.

No, no, not with K. Sure, that's a readjustment: the bathmat once again moldy because someone has to be a contrarian when it comes to the manifestly rational shut-water/towel-off/step out-of-the-shower house rules; my suitcase returned broken. But we're readjusting (the massive amounts of Fritos, French chocolate, and Oregon pinot noir packed into the aforementioned suitcase help. A lot).

I was chatting a couple of days ago with a visiting colleague whose completely innocuous blog was abruptly ordered yanked. The cause of his discovery was a little technological marvel that I fear to name but which is presumably not subject to Asimov's three web-laws. I find it utterly incredible (if it turns out to be true) that his thing was created at taxpayer expense and set loose for the express purpose of unearthing people like him. Or me.

There are a passel of blogs out there -- I just checked -- written by self-identified colleagues who brazenly link to the Mother Ship, even while publishing policy material that has presumably not been cleared (I can't direct you to them, natch, due to those nasty trackbacks referring links). Curiously, a key feature shared by all these blogs is the narrow space in which they cluster together on the political spectrum. Coincidence?

So Kugelmass had his episode with a large and hairy irregular verb; I've got my own spindly-legged critter. Whatcha gonna do? Would an "all opinions are mine" disclaimer help? Or is that unnecessary, since this entire site is a work of fiction; all characters appearing in it are fictitious, and any resemblance to real persons, living or dead, is purely coincidental? Plus, it's actually written by K?

These are rhetorical questions on a beaten-to-death subject, folks. No comments solicited.

But, continuing on the topics of both the cold snap and the finer points of law:

The U.S. Court of Appeals for the 9th Circuit recently ruled in favor of a title-removed-due-to-spindly-creature person who hit a pedestrian while driving home from a gym on foreign soil. At issue: was he acting in his personal capacity, or -- even whilst blasting his lats -- within "the scope of his employment"? Though the Mother Ship initially attempted to disown him, the Court found, inter alia, that the defendant(-appellant) was never not on duty.

The decision has been hailed by everyone from our union-ish thing to my colleagues. And while I can't deny this is good news for the appellant, I'm gob-smacked that no one has turned around and said, "People, are you nuts? You are owned."

If I'm never not on duty, can I ever voluntarily decline to work a holiday weekend? Can I ever drink to excess? Express an opinion that isn't official? When the technology improves, will the spindly creature be implanted subcutaneously, to monitor my always-on-duty alpha waves for deviation from the party line, as they do now (somewhat less efficiently) on the internet? And why am I working so hard for $6.85/hr?

Perhaps because I've been casting about for any bit of warmth on this very chilly tropical day, a thirty-two-year-old (yes...) memory percolated up from the depths, bringing with it, perhaps, inspiration for an eco-friendly and old-fashioned cybercide for those spindly borgs.

Signing off from within the offices of condolorum....

3 Comments:

Anonymous Anonymous said...

Dear Mr. E:

RE: Your never being off duty. As an attorney, I have a similar situation with the state legislature REQUIRING me to report any child or elder "abuse" (physical, sexual, emotional--but not beyond the ken of ordinary parental punishments, whatever that means...) if I come in contact with either an abuse "victim" or an "abuser." Failure to report (I believe) is either a misdemeanor, or minimally a basis for bar discipline. So that all the good little law dogs will know what's requried of them, we have a CLE (continuing legal education) on the statute. Hard ass that I am, I POLITELY refrain from pointing out that if the legislature wants to deputize me as full time kid & elder cop--that's fine, only I don't do policemans' work (sic) for free...However, I DO point out that my malpractice insurance does not cover me while I am grocery shopping at 7:00 PM, but I *am* required to "report" some woman slapping her kid in the produce aisle. How can I be required to act as an attorney under one statute, while my insurance will *not* cover me at the same time? I was told (and I am not making this up) "Yes. That is a very good question. Any more questions?"
Unfortunately for the presenters, I did have more questions, like "What the hell am I supposed to report about the woman who slaps her kid in the produce aisle? Call 911 and get laughed off the phone? Wait till the next day, call Child Protective Services and say "last night some lady between 25 and 55 in a pinkish-bluish-tanish-plaidish housecoat slapped some kid, either a boy or a girl with a bowl haircut, in Safeway between 7:00 and 8:00 PM." Uh huh. We'll get CSI: Child Protective Services right on that.....
More questions: I frequently work with Child Protective Services, and with the cutbacks in their funding, they cannot possibly investigate all the complaints they have now. Any calls from attorneys will be tossed in a big box labeled "To be done--URGENT!" and never to be seen again. How about calling a spade a bloody shovel, and tell the legislature to do something that actually...I don't know...HELPS KIDS? ("Okay. That's enough questions from you. Who else not named Bill has any questions?").
An attorney whose practice is exclusively adoptions says that most of her birth mothers are under 18. I hope I am not shocking anyone, but most of these daddies are more than two years older, and therefore guilty of contributing to the delinquency of a minor, a class A misdemeanor. Won't it be difficult to get father's consent to the adoption, if attorney must also report father to policemans? ("Boy. We are getting lots of good questions here today. You can see just how complicated this can be...Any other questions?").
Final insult to injury: I have been told countless times that I must have more urgent things going on, because these issues come up so rarely....Right. I have a family law and general civil practice. They come up ALL THE TIME. A friend of mine who does insurance defense work takes the deposition of the opposing party. Opposing party shows up with five year old daughter who acts listless, and has big black circles around both eyes. Is this little girl the victim of abuse? Remember, the term "juris doctor" does *not* mean we're all like House (only nicer). About five hours of attorney time later (spread over three attorneys), with calls to real doctors, it turns out this kid has probably not been punched...but probably is malnourished. Great! Is that abuse? It is according to the statute....What happens with the call? Probably nothing...but if SOMETHING happens, what are the chances of settling this case? Counsel refered the opposing party to Child Protective Services for investigation? ALRIGHTY! That certainly doesn't smack of abusing the system.....
What to do? I tell you what I do: Someone tells me about a kid getting smacked, I freak and insist that I do not see, talk to, or smell the kid: Keep the kid out of my presence, because "no contactee, no reportee." Then I try to do my job DESPITE this idiotic regulation....

Sorry for the hissy fit--but I do feel better. God knows why.

I remain,

Bill Roth

3:15 AM  
Blogger esquiver said...

This is why I don't date lawyers.
Um, other than being domestically-partnered, I mean.

11:22 AM  
Anonymous Anonymous said...

Dear Esquiver:

Speaking of domestically-partnered, isn't the protagonist of F. Kafka's "The Trial" named "K"? I ask for information purposes only....

I remain:

Bill Roth

PS A certain asparagus fern asked me to tell you that you are a selfish bastard, for abandoning said fern to someone who appears unable to grasp the concept of "watering...." Pay it no heed, it is doing fine. Those ferns are just big cry babies.

3:41 AM  
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