Wednesday, October 15, 2008
Top 10 Reasons I'm Voting for Obama
No political affiliation owns my patriotism. I assume that all people who have opinions and vote, are patriotic. I make my decision based on what I perceive as best for this country.
I try not to look back, but it's impossible to avoid. Looking back.....I thought Gore would have made a fine President, but the country wanted a change after Clinton, and Bush's handlers made that message work. I thought W proved himself inept in his first term, and although I voted for Kerry, clearly he was a flawed candidate.
History will not be kind to W. In my view he will go down as one of the worst Presidents ever.
On election day 2008, the country will collectively say "WHAT WERE WE THINKING????"
Which brings us to Obama v McCain......
During the Republican primaries, I wrote positively about McCain http://nylaw2law.blogspot.com/2008/01/reconsidering-mccain.html
I especially admired his efforts in sponsoring the compromise immigration bill, which his Republican mates destroyed, and then used to attack him in the primaries. He outsmarted them though, because not only was he right about immigration, he needed to distance himself from the knuckle walkers, and he did. He was smart enough to stake out the middle ground, figuring he would still hold the right. It was enough to beat Romney, Huckabee and Giuliani for the nomination. But it will not be enough to take the big one.
But I digress.....here are the Top 10 Reasons I am Voting for Obama:
10. He already defeated the strongest opponent.
9. I apply a "Law of Beholdency". I ask "Who will this candidate be beholden to?" If you ask this about W, you see a big part of the problem. I am sick of his beholdencies. Obama is not a typical African-American candidate because he is not beholden to that community. If he were, he would be un-electable. No, he has realized from the start that he did not have to espouse a "black agenda", he would have community support without doing that. Instead, he garnered support from a cross-section of Democrats, and his "beholdencies" are THERE, in a cross section of Americans. Kinda different, kinda nice.
8. He has inspired a lot of people to work for him, raised a ton of money from a huge number of contributors, and convinced people who the "experts" said could not be convinced. There is a perfect word to describe this.....LEADERSHIP.
7. He has already shown superb judgment under enormous pressure. The primaries and this election have been going on a long time. It has taken turns and thrown him curveballs. The "Pastor Wright scandal" would have stopped a lesser candidate. He has handled everything without a bobble. Strikes me as WAY harder than "being a Senator" or "governor of A-lass-ka".
6. McCain displayed an enormous, unforgiveable error in judgment in selecting Sarah Palin.
5. There is something to be said for a real "family man" in the White House. Obama seems like the real deal in that regard.
4. I give a lot of weight to who I want nominating the next few Supreme Court Justices. I want Obama's choices sitting there.....not the Neanderthals McCain has pandered to.
3. I know it may be a character flaw to "care what other people think", but frankly, I am embarrassed by what the rest of the world must think of us Americans, after electing W twice. It feels better thinking of how we'll appear as a country when we elect Obama.
2. Obama was president of the Harvard Law Review, and a constitutional law professor at University of Chicago Law School. There is no question he got these on merit. As a lawyer, lemme tell you what those two accomplishments say about him......He is REALLY, REALLY SMART. We need that.
1. I want a President who will be open minded, strong, and exercise good judgment. Someone who will seek out top advisors and be able not only to listen to them, but sometimes not listen to them. I want a President who will be decisive, but also flexible. Someone who will lead by example. Someone who has the energy and intelligence to lead our great Country. Barack Obama is that person.
GOD BLESS AMERICA
Thursday, October 9, 2008
Quick Funny Story (Police at My Door)
Last Thursday night (Friday morning) at 3:15 AM, I was awakened by loud knocking at my door. Actually, the knocking did not wake me, Dovie barking like a lunatic got me up, and then I heard the loud, continuous knocking. I should have realized WHO knocks like this, but I had to ask...."Who is it?" Of course, the answer was...
"POLICE!!"
My first thought was....."ditch the drugs", which only proves what I have said for years "If you woke me up suddenly and screamed in my face 'how old are you?', the answer would be '17'". I then realized that I would not need to ditch my blood pressure pills, so I said "Let me put some pants on.".....which is what people always say on "COPS".
When I opened the door there were two uniformed officers from our modern NYCPD, a chubby Jewish guy and an African-American woman. I would have preferred Officers Reed and Molloy http://www.youtube.com/watch?v=wrdbgYYBnvI .
I wanted to say something witty, but chickened out with "What's the problem officers?"
"We need you to move your car.", said Officer Chubby.
"I thought that spot was legal, but wouldn't a ticket have been sufficient?"
"No, no, there's a gas leak, and the fire department needs your car moved so they can check it out." said Officer Chubby's partner.
So, I took a one block ride in the back of the police car, and got to see their big computer screen with MY name and address on it. How cool is that?
When we arrived at my car there were three fire engines in the vicinity, with their lights flashing. There were 15 bored looking firemen sitting near my car. One of them said, "You have to move your car.", prompting me to say,
"Is it dangerous?"
The friendly fireman then said....."Yeah, it's about to blow, that's why we're all sitting here."
I think Officer Chubby's partner realized that although this was kinda funny, it wasn't very com-mu-ni-ty friendly, and that if I turned and walked home they'd have to arrest me (and do all kinds of paperwork), so she said,
"I'll move the car, give me the keys."
I let the firemen sit near the undangerous gas leak, and moved across the street so my car could be moved.
The Officers thanked me, and I then had to look for another parking spot. My car STUNK of gas. Question, if I had lit up a cigarette and exploded myself, would the City be liable?
Next post: Top 10 reasons I'm voting for Obama
Sunday, August 31, 2008
Law & Pizza (Part 3)
We would go in the back to count the money. One day as we were counting a mouse ran between our feet.
I said “Marco….a mouse!!!”
He said, “He's not my mouse, he comes from the supermarket next door.”
I skipped my slices that day.
After about two years of this, I got a call from Marco’s lawyer.
He said, “You and your client are going to be happy….Marco is selling the pizzeria and he will pay off his balance to Mohammed.”
“Cool, who’s buying it?”
“Afghans.”
“Dogs?!?!”
"No, two guys from Afghanistan. "
It was true. We had a closing. Marco sold to the Afghans, and Mohammed was paid. I was done with my All-America pizzeria. It had come full circle…..Albanian to Egyptian to Peruvian to Afghan.
Elias Sports Bureau advises it’s the only time in history THAT has ever happened.
Tuesday, July 29, 2008
Law and Pizza (Part 2)
I was mostly right. Mohammed arranged some "private financing". In the military they call this "don't ask, don't tell". He had enough money to do what the landlord wanted....pay five months back rent and accept an assignment of the old lease. I actually negotiated a five year extension for Mohammed, conditioned upon him paying the first years rent on time, which he actually did.
The creditors were a little harder. I told Mohammed to try to negotiate with them, but if any of them gave a big problem, to have them call me. One call went like this......
"Counselor, I understand you represent the Egyptian pizza guy on Jamaica Avenue. My name is Vincent. I represent the Scarola Flour Company."
"Oh, are you their attorney?"
"No, let's just say I take care of business for them."
Hmmmm.....Sometimes when your client has financial problems you help them prioritize their debts. Something told me Scarola Flour Company was a priority creditor. Mohammed agreed, and told me Vincent had assured him that if he paid what the Albanian owed ($1200), and if he made his future payments on time, Vincent would not visit him any more. Mohammed adjusted his budget and brought me $1200 for Vincent.
"Will you make a paper with him Mr. Barry?" he asked.
"I don't think Vincent goes for papers, and I don't think we need papers with him."
So, I took care of the business with Vincent, and papers were not needed.
We also got the Albanian to accept three years of notes on the amount he and Mohammed had originally discussed, with payments to start in six months. The Albanian had a lawyer who may have been Croatian. I couldn't tell, between his accent and his grunting. At least he could get the Albanian to talk. At the closing I asked them what language they spoke to each other. The Albanian shrugged, and the lawyer grunted. Mohammed then whispered to me...."Who the fuck cares."
Mohammed seemed to be doing OK as a pizza man. About two years later, he called and told me he was selling the pizzeria to "two Peruvian guys". He said, "This time I want you to make the papers from the beginning."
So, we set out to sell the pizzeria to the Peruvians.
Next.....Law & Pizza (Part 3)
Saturday, July 26, 2008
Law & Pizza (Part 1)
Until I started practicing, I didn’t realize how many different things solo practitioners did. Every “small” business has legal business. All these “business people” are always “doing business”. The small business chain is particularly fragile when you sprinkle the human links with some other ingredients. Start with cultural differences, add liberal doses of immorality, greed and stupidity. Stir. You now have the type of case young lawyers often get, the “Purchase or Sale of a Business”.
I got a Yellow Pages call from an Egyptian accountant named Omar Haggag. He lived in Brooklyn, worked in lower Manhattan near my office, and needed me to write his landlord a letter regarding some repairs. I did the letter, the repairs were done, and Omar told me I was a great lawyer. The next week he called and said that although he was a New York State sales tax auditor, he also had a small accounting practice in Brooklyn, with mostly Egyptian clients. Would I be interested in accepting referrals? I thought this would be good opportunity, and it was. Over the years Omar sent me many good clients. After awhile we had a running joke. Omar would call, and in his accented English say “Mr. Barry……a man is going to call you regarding the sale of his shish-kabob cart”. “OK, Omar, what’s the man’s name”.
“Well, his first name is Mohammed”.
And I would say “I know that, from now on just call and give me the last names.”
Most of his referrals were productive, practice builders. Some weren’t so good.
Mohammed Elgazi had purchased a pizzeria in Queens. At least that’s what he said. What he had actually done was give a $20,000 to some Albanian men, have discussions about future payments, and started running the pizzeria. He had also lost all his remaining working capitol in Atlantic City. He was having fun making the pizza, selling it to the school kids, and being a boss. The Albanians never bothered him about the rest of the money, and it soon became apparent why. They had left the store many months behind in rent, owing money to all their suppliers, and delinquent in taxes. Mohammed was finding it hard to take delivery orders when every other call was from a creditor. I had him come to my office. He also brought another man, he’s a blur to me now, except I remember him as “The Albanian”. He never said a word, just shrugged his shoulders. “What about the lease?” Shrug.
“What about the taxes?” Shrug .
“What about the creditors?” Shrug.
I asked Mohammed what he wanted me to do, and he shrugged.
I called upon my years of education, and my four months of experience, and I shrugged. Now we were getting somewhere. Then I took out a yellow pad and pen. This prompted Mohammed to say something I had never heard before, but have heard many times since, “Mr. Barry, maybe you could make some papers to fix this.” ……..
Next……Law & Pizza (Part 2)
Tuesday, June 17, 2008
Mets Fire Willie Randolph
As Yogi Berra might say, "when something is ineveitable, it's bound to happen".
In my view, Willie is an OK manager, and can probably be a good manager for the right team. The Mets are a mismatch for his style and persona. As a player he was always the classiest Yankee. As a coach, he learned from Joe Torre and adopted his approach as manager. He treated the players as professionals, and expected them to play that way. Unfortunately, he did not have Derek Jeter, A-Rod, Mariano, or....dare I say it....Paul O'Neil.
He expected Carlos Delgado, Jose Reyes and David Wright (yes, him too) to hustle, and lead, and play like professionals, and they let him down. Willie's problem was he did not adjust, he did not take decisive steps when these talented players didn't hustle. Had he been a student of Met history, he'd have followed the example of Gil Hodges in 1969. Here is an exerpt from Cleon Jones' Wikipedia page....
"But the moment most Mets fans of a certain age consider the most memorable, and the turning point in the team's season, came in the third inning of the second game of a July 30 doubleheader against the Houston Astros. When Jones failed to hustle after a ball hit to the outfield, Hodges removed him from the game. But rather than simply signal from the dugout for Jones to come out, or delegate the job to one of his coaches, Hodges left the dugout and slowly, deliberately, walked all the way out to left field to remove Jones, and walk him back to the bench. For the rest of that season, Jones never failed to hustle."
As much as baseball is about statistics, when you watch the games you see way more. Many of the Mets simply don't hustle, and they don't play intensely the whole game. This is unacceptable, and I've seen it many times. Willie would have gained great respect if just once, after Delgado or Wright didn't hustle on a pop-up, he took them out of the game on the spot......and benched them the following game too. Think the team attitude would improve?
A manager is only as good as his players. Willie did not decide to sign injury riddled Moises Alou, but not have a capable back-up. Willie did not decide to start the season with Carlos Delgado at first, with no alternative (When you watch the games, you KNOW he is done). Willie did not give a four year contract to Luis Castillo, who will be lucky to make it through this year (Have you ever seen a worse left-handed swing?) Willie did not decide to keep Aaron Heilman rather than trade him for some parts we could use.
I heard a bit of the Rick Peterson press conference today. I like all his groovy metaphysical ideas about pitching. You can see how he must really connect with Oliver Perez.
There's plenty of blame to go around, so now, Omar can be on the hot seat.
Maybe when the Wilpons let him go, they will treat him with some class. It will be more than he deserves.
Sunday, May 11, 2008
Absence From Blogging....Passover and Yom Ha'Shoah
Fortunately, I have had some time to mull over my excuses and LEARN. Here's what I learned......
If an idea is uncomfortable and painful, it's worth addressing.
If you think you are unworthy of speaking about something, not only are you wrong, but it's precisely the reason you should speak.
If a project seems too big, break it into smaller pieces and START.
The thing worse than imperfect writing is NO writing.
As stated at the end of my Passover post, what I wanted to write about was the connection between Passover and Yom Ha'Shoah.
PASSOVER and YOM HA'SHOAH (Part 1)
Yom Ha'Shoah is a "holiday" of relatively recent vintage. Essentially, it is Holocaust Remembrance Day. Here is the Wikipedic version http://en.wikipedia.org/wiki/Yom_HaShoah I never was too aware of it, but during the past few years I have attended Yom HaShoah programs. The last two years I attended programs at the Brandeis Association, a Jewish lawyers group in Queens. Both years they had speakers talking about the dismantling of the German legal system as a prelude to the Holocaust. This year, a professor showed a documentary "Hitler's Courts" http://www.tourolaw.edu/news/press88.asp documenting how Hitler realized that a vital step in the genocidal process was to eliminate civil rights by co-opting the Courts and the Judges. Fascinating material, and timely, considering that the presentation provoked a spirited discussion about respect for the "rule of law" as it applies to Guantanamo. This was three weeks before the Supreme Court ruling on the legal rights of the Guantanamo prisoners.
Yom HaShoah follows soon after Passover. On Passover we are directed to tell and retell the story of the exodus from Egypt, from slavery to freedom. There is emphasis on telling the children, and having them tell their children. It seems to have worked. We are still telling, people still know.
The generation of actual Holocaust survivors is ending. There has been some telling, but many of them did not tell....could not tell. A generation later, there are Holocaust deniers. http://www.jewishvirtuallibrary.org/jsource/Holocaust/denial.html The President of Iran is in the club too http://www.cnn.com/2005/WORLD/meast/12/14/iran.israel/
Thankfully, this has all been studied and documented. It should NEVER be trivialized, or relegated to some "pages in history". There is one way for that not to happen. The story should be told and re-told, from generation to generation. The materials should be discussed. The applicability to modern times is "life and death" relevant.
Tomorrow - some re-telling....what I know about my mother as Holocaust escapee/survivor.
Monday, May 5, 2008
Passover's Field of Dreams
The annual telling of the Passover story, an unbroken oral history spanning countless generations, is a marvel. I can safely say I have a 51 year streak. I generally spend Passover with people who have similar streaks, usually going way back on both sides of their family. I blogged a little about this last year. http://nylaw2law.blogspot.com/search/label/Passover
This year we hosted 17 friends for Seder night one, and 20 family members on night two. For the second straight year, on the second night we had my mother's cousin's and their children. All my Seders growing up were with these cousins, and their parents, all German-Jewish Holocaust escapees. (I will blog tomorrow about the term "escapees" as opposed to "survivors", though niether denotation should diminish the other). At Uncle Max and Aunt Rose's house, and at Gusti & Freddy's, Brian and I were always the little kids. Now, Mom's cousins are my fellow grown-ups, and there are new kids experiencing Passover (though some of the "kids" are in fact adults). They are part of something important, and I know they will come to know that.
My Dad (Manny, of the renowned Weekend With Manny series) was in from Florida and spent both nights with us. He enjoyed spending time with his ex-extended family. He shares a lot of history with them, and if he has an 82 year seder streak, he had at least 20 with them. I arranged the seating so Manny sat next to me, and he did not notice that I placed my Mom's photo behind him,
(Mom in 1986 with grand-daughters Robin and Emilie)
looking out over the festivities. At some point during dinner I looked at him, and Mom's photo over his shoulder, and said,
"I'm sure glad we're sitting here talking, and that if we ever had problems we fixed them. We never had a broken father-son relationship, like in Field of Dreams."
Manny said, "I never saw it."
This surprised me, because he's seen most movies, and we enjoy talking about them.
"Dad, a movie about baseball, fathers, and sons, and you never saw it?"
"I dunno, I've seen parts on TV and it looked stupid, a guy builds a baseball diamond in his cornfield."
Naturally, I had to give him a brief synopsis.....essentially....."An idealistic man and his wife grow up from hippie life and have a farm in Iowa. Things are good, but the man feels some things in his life are not right. One day, he hears a voice, saying 'if you build it, HE will come'. Long story short, he plows under his cornfield and builds a baseball diamond, so the ghost of Shoeless Joe Jackson, and other dead baseball legends, can come to play. Only he and his wife and daughter can see them. Meanwhile, he is not making any money, his brother-in-law thinks he's nuts, and the farm may be foreclosed. He hears more voices, telling him to find a particular writer (who no longer writes) and a baseball player who played one inning in the majors in 1918 (before becoming a doctor in Minnesota) and bring them to Iowa. So he does. As he is driving back to Iowa with the writer, we learn that the man has suffered a great loss, a broken relationship with his father, who died with the relationship unrepaired. During the whole movie the man does not question any of things the voices told him to do, and finally, Shoeless Joe Jackson tells him what it's REALLY about. Note..... if you have never seen Field of Dreams and are inspired to watch it by my synopsis, don't watch this clip. If you have seen it, you know the drill, the thing makes me cry every time http://youtube.com/watch?v=3XS2UtAlmX4 "
I made Manny promise to watch the movie with me next time he's in town.
Three of my favorite movie lines are in this clip....
"Is this heaven?" "It's Iowa."
"Heaven is the place dreams come true" He looks at wife and child swinging on porch and says "maybe this IS heaven."
and of course...."Hey Dad, wanna have a catch?"
Field of Dreams is all about connecting with the past and trying to make things right. All the main characters (Ray, Doc Graham and Terrance Mann) have unfinished business, things from their past they need to make right. I am thankful I don't need to plow my cornfield to make things right with my Dad, and grateful to live in freedom with my family (maybe this IS heaven)
On Passover we seek to connect our collective memory chain back to a defining moment of faith and deliverance. We need the next generations to know, and for the story to be told.
Tomorrow....Passover and Yom HaShoah.
Monday, April 14, 2008
Career Day
As the first group filed in, I had a vision of my favorite scene from Ferris Bueller's Day Off. http://www.youtube.com/watch?v=0s-oGumvPz0
Fortunately, my teaching day went much better than that. I made some notes and had a few themes, as follows:
1. Lawyers are involved in many more things than people realize.
2. For any area of law, there are two sides. When I asked the students to name some areas of law, someone said "medical malpractice", and I noted that for every lawyer representing a person claiming a medical malpractice has occurred, there is a lawyer who represents the doctor or hospital, and "most of those lawyers know more medicine than a lot of doctors".
3. A person considering a career in law should really think about what area they are interested in, and get some exposure to it. As a general practitioner, I noted that its not just about working at the biggest firm for the highest starting salary, in a career, it's important to like it.
I also brought souvenirs......enough New York Law Journals to give one to each of the 100 students. Everyone had a different one, and I showed them around the paper. There is a section of columns by experts in different legal fields, and I asked the students to raise their hand if they found an interesting article. This was very popular, and we had discussions about.......
"proprietary rights on Youtube"
"DNA testing in posthumous paternity issues" (I actually HAVE a case with this issue)
"a trademark claim on some cartoon character I had never heard of....but the kids all had"
"the prisoners at Guantanamo"
"a products liability case involving a collapsing ladder"
"a contested will"
In each class one of the social studies teachers was present, sitting in the back. If the students were not asking questions, the teachers bailed me out by asking good questions. This happened once in each class, and having them there was very helpful.
When I have a rough day of lawyering (in other words......"every day"), I wonder how things would have been if I had gone to a Career Day way back when, and had gone to the session on "teaching". I know lots of miserable lawyers, but few (if any) miserable teachers.
Maybe I should have considered teaching. After all, one of my favorite TV shows as a teenager was "Room 222". Anyone else like that show? http://www.museum.tv/archives/etv/R/htmlR/room222/room222.htm
I'm not quitting my day job.....but I did sign up to do another career day, later this month at Russell Sage Junior High School.
One last thing, I'm not going to do a full review, but I saw a great movie from last year, which I thought did not get the notice it deserved. It was "Freedom Writers" with Hilary Swank http://www.imdb.com/title/tt0463998/ Rent it and let me know what you think.
Sunday, April 6, 2008
August Rush (Movie Review)
Last night we watched it. This is destined to be the favorite movie of many teenaged girls. And, uh, ME TOO. It was so beautiful and moving that I have added it to my 100 Favorite Movies List http://nylaw2law.blogspot.com/search/label/Favorite%20Movies%20List
My list prominently features "suspension of disbelief" movies (It's a Wonderful Life, Groundhogs Day, Fight Club, Defending Your Life, Field of Dreams, Pleasantville). Looking at the little list, I see what they share.....strongly developed, well played lead characters. People you can believe, and believe in, even amidst some "unbelievable" plot elements.
August Rush is about an 11 year old boy (played by Freddie Highmore) in an upstate New York orphanage. He is singularly driven....he wants to find his parents, and believes they want to find him. He can hear music in all things, and he believes the music is his parents reaching out for him.
His mom (Keri Russell) had been a concert cellist, driven by her father to great "success". She doesn't always see it the same way. His dad (Jonathan Rhys-Meyers) was a lead guitarist and singer in a rock band, but despite being on the verge of great acclaim, he wanted out.
The two have a chance meeting, and a magical night together, but they part with only their memories. Here's a clip http://youtube.com/watch?v=YA7gpLkQ0WQ
He doesn't know about his son, and through some crazy circumstances, she thinks her baby died. Their lives go on, and both give up their music.
Meanwhile, young Evan Taylor (he later acquires the name "August Rush") runs away to look for his parents, and follows his musical instincts to New York City. He hears music in everything, and I guarantee you, when you see this movie you will remember "the scene when the boy conducts the sounds of NYC like a symphony".
The boy prodigy comes under the control of a bizarre man (Robin Williams), who "manages" many young musicians/street performers. He's selfish and greedy, BUT he loves and respects music, and he recognizes the boy's gifts. http://youtube.com/watch?v=4yY82owm7Ps He is a necessary obstacle to the inexorable path of the plot, August finding and re-uniting his parents.
About three quarters through the movie I was so wrapped up in his quest that I said to Rebecca "This better have a happy ending." I knew it had to, and it's not a give-away for me to tell you.....enjoy the ride. Here's a clip where August and his father meet in Washington Square Park, when they don't yet know who they are to each other http://youtube.com/watch?v=WnoeD9Xb6Xw
This is not a musical, BUT throughout the movie there are superb musical performances by an array of artists in many genres. I am not musically astute enough to know HOW it was done, but there are musical themes woven through many of the songs. When the Mom is playing a classical piece on the cello, she seems to be in sync with the Dad's rock singing and playing, and with the oddly intriguing playing by young August Rush.
Much of the movie takes place in Manhattan, particularly Washington Square and Central Park. Just an added plus.
I'm convinced this movie has universal appeal, and will ultimately attain "classic" status. When I told Manny (my Dad, for first time blog readers) that I had watched a great movie with Rebecca, he asked which one. I was surprised when he told me he had seen it (though I shouldn't have been....movies for $1 in Century Village so they see them all), and shocked when he told me he LOVED it, and cried at the end!! He also pointed out something I should have realized....the Robin Williams character is similar to Fagin in Oliver.
One last clip, with a warning......the clip is kinda long, and it's the last scene in the movie, so watch this AFTER seeing the movie http://youtube.com/watch?v=plrDXfhcoa4
ENJOY!!!