Merry Christmas

Even though I am spending my Christmas freezing my butt off in Delaware and Chicago, that doesn't mean I have forgotten the Hawaiian Christmas spirit.  I don't have anything to write, so I will just post this video:

iChristmas

Using only iPads and iPhones, these musicians play some traditional Christmas music.  This is really cool.

Bad Ass Senator

This afternoon I was looking up information about the Akaka Bill that would grant nationhood status on Native Hawaiians.  In reading about Sen. Dan Akaka, I realized I didn't know anything about Hawaii's other U.S. Senator Daniel Inouye, also a Democrat.  This guy is a serious bad ass.  First of all, he is like a million years old and should have retired long ago.  I am a firm believer in term limits so I don't think he should be allowed to be a Senator anymore.  But that's not the point.  Here's some background: Inouye has been a U.S. senator since 1963, and is currently the most senior senator after the death of Robert Byrd of West Virginia. He is also the second longest serving U.S. Senator in history after Byrd.  Inouye has represented Hawaii in the U.S. Congress since it achieved statehood in 1959, serving as Hawaii's first U.S. Representative and later a senator. Inouye was the first Japanese-American to serve in the U.S. House of Representatives and later the first in the U.S. Senate.

Ok, but none of that makes him anything special.  I was thinking, "ok, great, another worthless career politician."  Not even close.  I could never do his story justice, so I am just going to copy and paste the Wikipedia entry, which was based on a documentary of his life.  Here it is (I highly recommend reading the whole thing):

He was at the Pearl Harbor attack in 1941 as a medical volunteer (he wasn't in the military because the military banned Japanese-Americans from serving). In 1943, when the U.S. Army dropped its ban on Japanese-Americans, Inouye curtailed his pre-medical studies at the University of Hawaii and enlisted in the Army. He was assigned to the Nisei 442nd Regimental Combat Team, which became the most-highly decorated unit in the history of the Army. During the World War II campaign in Europe, he received the Bronze Star, the Purple Heart, and the Distinguished Service Cross, which was later upgraded to the Medal of Honor by President Clinton in June 2000.

Inouye was promoted to the rank of sergeant within his first year, and he was given the role of platoon leader. In 1944, he spent two weeks in France searching for the Lost Battalion, a Texas battalion that was surrounded by German forces. At one point while leading an attack, a shot struck him in the chest directly above his heart, but the bullet was stopped by the two silver dollars he happened to have stacked in his shirt pocket. He continued to carry the coins throughout the war in his shirt pocket as good luck charms.

On April 21, 1945, Inouye was wounded while leading an assault on a heavily-defended ridge near Terenzo called Colle Musatello. As he led his platoon in a flanking maneuver, three German machine guns opened fire from covered positions 40 yards away, pinning his men to the ground. Inouye stood up to attack the gunners and was shot in the stomach. Ignoring his wound, he proceeded to attack and destroy the first machine gun nest with hand grenades and fire from his M1 Thompson machine gun. After being informed of the severity of his wound by his platoon sergeant, he refused treatment and rallied his men for an attack on the second machine gun position, which he also successfully destroyed before collapsing from blood loss.

As his squad distracted the third machine gunner, Inouye crawled toward the final bunker, eventually drawing within 10 yards. As he raised himself up and cocked his arm to throw his last grenade into the fighting position, a German inside fired a rifle grenade that struck him on the right elbow, severing most of his arm and leaving his own primed grenade reflexively "clenched in a fist that suddenly didn't belong to me anymore". Inouye's horrified soldiers moved to his aid, but he shouted for them to keep back out of fear his severed fist would involuntarily relax and drop the grenade. As the German inside the bunker reloaded his rifle, Inouye managed to pry the live grenade from his useless right hand and transfer it to his left. As the German aimed his rifle to finish him off, Inouye managed at last to toss the grenade off-hand into the bunker and destroy it. He stumbled to his feet and continued forward, silencing the last German resistance with a one-handed burst from his Thompson before being wounded in the leg and tumbling unconscious to the bottom of the ridge. When he awoke to see the concerned men of his platoon hovering over him, his only comment before being carried away was to gruffly order them return to their positions, since, as he pointed out, "nobody had called off the war".

The remainder of Inouye's mutilated right arm was later amputated at a field hospital without proper anesthesia, as he had been given too much morphine at an aid station and it was feared any more would lower his blood pressure enough to kill him. Inouye was initially awarded the Distinguished Service Cross for his bravery in this action, with the award later being upgraded to the Medal of Honor by President Bill Clinton.

I don't care what his policies are, this guy is a bad ass.

Spam Musubi

My judge and I have talked numerous times about different Hawaiian foods that I have either tried or should try. He has regularly insisted that I try spam musubi.  You may remember that it is also one of the Top 5 traditional Hawaiian foods (profiled by 5@5) I wrote about before.  Well, today, my judge brought me one.  Here are my thoughts:  it doesn't taste terrible.  In fact, the spam adds some flavor to the rice, which is otherwise pretty bland.  That said, it doesn't look appetizing, AT ALL.  It is kind of slimy and has a weird texture.  One person likened the taste to a hot dog or bologna.  I more or less agree with the processed bologna, but not a hot dog.  Spam is much saltier and slimy.  Like I said, it's not terrible, so I feel comfortable recommending that you try it at least once.  If you're here visiting or something, give it a whirl.  I don't think I will make it a regular part of my diet, though.

Yes, this is an accurate depiction...

Taxes and Debt

This is going to be a rant.  It is also going to be long.  Sorry.  On the bright side, it will be controversial and may even spark a few comments.  This post was inspired by 1) the recent debate over the "Bush-era" tax cuts, 2) the vitriol that the media spews toward the "mega wealthy," 3) the emails I keep getting from the bank about re-paying my student loans, 4) an article I read on MSNBC today about the crushing increase in student loan debt plaguing the U.S., and 5) a need to fill my weekly "current events" quota.

Let me start with some quotes:
1) Americans now owe more on their student loans than they do on their credit cards — a debt fast approaching $1 trillion with no end in sight. (Source: MSNBC)

2) The debate that’s now got Washington tied up in knots is whether to keep the Bush-era tax breaks in place for households with more than $250,000 in income; the super wealthy ($200,000 for individuals) (Source: Forbes.com)

3) At a time when this nation has a $13 trillion national debt and a widening gap between the very rich and everyone else, the dumbest thing we could possibly do is to provide hundreds of billions of dollars in tax breaks to some of the wealthiest people in America. (Source: Vermont Senator Bernie Sanders via Washington Times).

4) Is this really the choice we currently face—between dour, flinty responsibility or profligate favors for the fortunate? (Source: Newsweek)

5) Message to Republicans: Tax cuts for the rich were so important to you that you took the country hostage, you refused to help the unemployed, you obstructed everything to get them. (Source: Huffington Post)

6) In 2008, the top 1 percent of tax returns paid 38.0 percent of all federal individual income taxes and earned 20.0 percent of adjusted gross income. The top 5 percent earned 34.7 percent of the nation's adjusted gross income, but paid approximately 58.7 percent of federal individual income taxes. (Source: Tax Foundation)

First of all, I refuse to believe that if you make $200,000 you are in the top 3% of all income earners in America (or, at the very least, that you feel like you're in the top 3%).  But all right, let's assume that's true.  There is one thing that is never talked about when criticizing the "rich" for getting "unfair tax breaks:" Student Loan Debt. Here's my gripe: If you're super rich making $200,000 a year, chances are you went to college, and probably, grad school (i.e. law school, med school, or business school).  Also, chances are, you took out student loans at some point in order to finance your education.  The cost of acquiring a degree "has risen at twice the rate of inflation, dramatically undermining any value" of a college degree.  In fact, the average law student has $100,000 in student loan debt! (Source: Forbes). This does not even include undergraduate loans.  Student loan debt is so bad, in fact, that college grads don't pull even with high school grads in lifetime income until age 33 on average! (Source: same Forbes article).  I don't even want to think about what it is for people who went to grad school.

Still with me?  See where I'm going with this?  If you make $200,000, you took out significant loans to get the job that pays you that much.  On top of that, the rest of the country is pissed at you so they decide that you should be taxed more heavily than anyone else.  And they'll criticize you for it along the way.  Now comes the really f*ed up part.  If you make more than $70,000, you can't deduct ANY of your debt. Here's how that works:  The maximum amount of student loan interest you can claim as a tax deduction is limited to $2,500.  The deduction is also limited by your total income. If your income is under $55,000 (or $115,000 for married couples filing a joint return), then you can deduct up to $2,500 in student loan interest.  If your income is over $55,000 but under $70,000 ($115,000 to $145,000 MFJ), then your deduction for student loan interest will be prorated.  If your income is over $70,000 ($145,000 MFJ), then your student loan interest is not deductible at all. (Source: IRS)

So you're criticized for making a decent living. Then you're forced to fork over nearly 40% of your income, yet no one ever bothers to consider the crushing debt you incurred to get to where you are.  Never mind the hard work and personal sacrifice it takes to actually make that much money.  Are there some trust fund babies?  Of course.  But the vast majority (I'd say 99%) of the people I went to law school with were not trust fund babies.  In other words, they personally financed their education with loans (something anyone can do) to give themselves the chance to make a good living. Then, as soon as you start making money, the government says, "okay, you not only have to pay back your loans, but you also have to pay higher taxes AND you don't get to deduct that student loan debt AND by the way, your student loan debt is not dischargeable in bankruptcy).  So it's not as simple as "rich people can afford it."  

I accept that the financial burden on someone making $200,000 (i.e 35% tax) is different than someone making $50,000 (25% tax), especially if you have kids (of course, here is where I would extol the virtue of condoms and keeping it in your pants until you are financially stable...but that's a post for a different day).  So I agree that if you're making that much money, you can afford a SLIGHTLY higher tax.  That said, if the desire is to punish trust fund babies (something I don't think we should do, but that seems to be where the hate comes from), then why not allow people with crushing debt to deduct their loan payments? You wouldn't be earning that much if you didn't incur that much debt. You should be allowed to deduct 100% of your student loan interest and, say, 50% of your student loan principal payments every year...no matter how much you make!  It is complete and total crap that someone making $150,000 with at least that much in debt has to pay higher taxes AND student loan payments AND get criticized for being successful. 

And you wonder why I get you that ugly ass sweater for Christmas...

Operating Budget

Today, the Governor released his proposed operating budget for the next two years.  I have some thoughts on this, and I will share them eventually, but for now enjoy the chart (click to enlarge):

Pineapple Express

No, this post is not about the movie celebrating stoners.  Instead, it turns out that there is a weather phenomenon known as the Pineapple Express.  Pineapple Express is a non-technical term for a meteorological phenomenon characterized by a strong and persistent flow of atmospheric moisture and associated heavy rainfall from the waters adjacent to the Hawaiian Islands and extending to any location along the Pacific coast of North America. Have you watched the news at all in the last couple days?  Surely you've seen that California is getting pounded with rain, snow, and mudslides.  Just yesterday I wrote about Hawai'i having issues with rain.  It seems as though this is something someone invented to explain the unexplainable a legit phenomenon.  


According to Wikipedia, "a Pineapple Express is driven by a strong, southern branch of the Polar jetstream and is usually marked by the presence of a surface frontal boundary which is typically either slow or stationary, with waves of low pressure traveling along its axis. Each of these low pressure systems brings enhanced rainfall."  Go figure. I only found this to be cool because it has been raining non-stop here the last couple days and the name of the cause is very closely associated with my blog.  I am pretty sure, in fact, that someone came up with the name only after reading my blog.  They saw my post yesterday, saw the name Pineapple Project, and invented "Pineapple Express."  See, who said blogging was a waste of time?  I am changing names of weather patterns.  Maybe one day I'll even get my own hurricane!  


Okay, not really.  It seems the Pineapple Express has been a thing since the 50s.  In 2006, The Puget Sound region from Olympia, Washington to Vancouver, BC received several inches of rain per day in November 2006 from a series of successive Pineapple Express storms that caused massive flooding in all major regional rivers and mudslides which closed the mountain passes. During the second week of January, 1952, a series of "Hawaiian" storms swept into Northern California, causing widespread flooding around the Bay Area.

How The Courts Work

Law school and the legal profession are unique beasts.  If you're not engaged in it, you really don't understand it.  My mom, even after hearing me talk about it for the last several years still doesn't fully understand what the hell I'm talking about.  I'll throw out random acronyms (i.e. OCI, which means "on campus interviews") or I'll discuss how clerking works or I'll point out that lawyers have been some of the hardest hit by the current recession. It just doesn't sink in.  I never fully grasped that most people don't have any exposure to the legal profession outside of Law & Order.  Sure, maybe you've paid a traffic ticket.  Or maybe you've seen "And Justice For All" or watched "The Paper Chase," but unless you've been in the thick of it, whether by dating a law student/lawyer or being the parent or best friend of one, you have no idea.  Here's the problem: if you're the law student/lawyer, you forget that people have no idea.  You assume everyone knows what "Skadden" is.  You assume everyone knows why clerks don't need to be licensed in the state where they're clerking.  You assume everyone reads "Above the Law" and knows what T-14 means.  I assume most law students/lawyers assume these things because we're narcissistic.  The reality is, though, that normal people don't have a clue and don't really care.

Since moving to Hawaii, I have encountered the most non-law affiliated people I've known since college.  When people find out I'm a lawyer, they inevitably ask what kind of law I practice.  Fair question.  When I respond, "appellate law" or "I'm a clerk" or "I work for the Judiciary" I get a courtesy "oh cool" but a clearly blank expression explains it all.  It seems like unless you are a prosecutor or defense attorney or "corporate lawyer" no one has any idea what the hell a lawyer does.  Last week I had a conversation with someone who didn't really understand how the U.S. court system worked.  It occurred to me that maybe, as law students and lawyers, we take for granted that people had basic civics in elementary school didn't go to law school.  I don't think you need a law degree to know the basics, but alas, I am increasingly being proven wrong as I regularly encounter confusion from people who don't know how the U.S. court system is set up.

So here is my effort at explaining it.  The U.S. judicial system is composed of a federal system and state system.  The federal court system is divided into numerous geographic units and various levels of hierarchy. Similarly, each state has its own court system with various local "trial" courts and heirarchical "appellate" courts.  Under this dual federal/state court structure, the federal courts decide federal law or issues that arise under the federal constitution.  The highest court of each state, (usually) the State Supreme Court, has the ultimate authority to interpret State law.  For example, if you get arrested for a crime (generally) or you want to sue someone who lives in the same state as you for money (generally), you'd be in state court.  If you get arrested for being part of a multi-state gang conspiracy or you sue someone who lives in a different state from you for more than $75,000, you'll (generally) be in federal court.


The federal judiciary and the individual state judicial systems are each constructed like a pyramid. Entry-level courts at both the state and federal levels are trial courts, in which witnesses are called, other evidence is presented and the fact-finder (a jury or sometimes a judge) is called upon to decide issues of fact based on the law (i.e. were you really drunk? was the light really red?  did you have a contract?).  At the top of each pyramid structure is the court of last resort (at the federal level, the U.S. Supreme Court; at the state level, the state supreme court) which has the authority to interpret the law of that jurisdiction. In most states and in the federal system there is also a mid-level court of appeals.  When you lose in the lower courts, you can "appeal" to the higher court and ask the higher court to say that the lower court got it wrong.  Any court has the power to declare a law or government action to be unconstitutional, subject to review by a higher-level court.

Below is a graph of the FEDERAL SYSTEM:

Here is a a graph of the HAWAI'I SYSTEM (NOTE: this is a couple years old.  The Intermediate Court of Appeals has 6 judges, the Supreme Court currently has 4 sitting justices and one vacant spot waiting to be filled):

Update:  Here is a less detailed chart that makes the court hierarchy a little more clear (click to enlarge):

There is so much more I could try to explain, but hopefully this gives some idea.

Headnote of the Week

Normally I wait until Friday (or Thursday on a furlough week) to post the "Headnote of the Week" but this one was too good to hold until then.  Not only does this bring me back to studying for the bar exam and the "wild animals" rule, but I always laugh at the prospect of people who think it's a good idea to keep wild animals as pets (Roy, anyone?).

Under Illinois law, a person who keeps a tiger in his backyard is strictly liable for the injuries caused by it.
Doe v. City of Chicago, 360 F.3d 667 (7th Cir. 2004)

Rain Wreaks Havoc

99% of what makes Hawai'i great is the weather.  The average temperature year-round is 82-89 degrees.  It is sunny with a light breeze.  Sure, you'll get the occasional rain shower, but never anything too depressing.  It usually lasts an hour or so and then everyone goes about their business enjoying the sunny skies.  Not this weekend.  I think I've written before that the winter months are Hawaii's rainy season.  All this really means is that instead of 83 and sunny every day, you may see one or two rainy days.  Small price to pay for paradise.  Well, this weekend shit went haywire.  It didn't just rain, it poured.  If you read this Star Advertiser article, you'd think it was doomsday in Hawaii.

Backed up Sewer

Apparently, Hawaiians don't really know what to do in the rain because I had some errands to run yesterday and there was NO ONE around.  It was actually really great.  There were no confused people running into me.  Nobody had trouble figuring out which pedal was the gas and which was the break because there was no one on the road.  I suspect they were all afraid they'd melt.  Fine by me.  I found out another reason people weren't out is that they also might have checked the news.  It was flooding.  A lot.  Roads were closed because they were under water.  Water came up to my tired.  Cars were washed away.  Honolulu is at the base of the mountains so all the water runs downhill.  Anyone who has ever had a house at the base of a hill or mountain knows that when it rains really really hard, you get mudslides and pools of water than form at the bottom.  It wasn't so bad that you couldn't get around, but there was also no real need to wade through everything.  For me, though, it was perfect.  I didn't have to deal with the throngs of idiots that occupy Hawaii's Wal-Mart.

Traffic Caused by a Mudslide

What I thought was particularly crazy was just how unprepared the landscape was for such a beating.  The water just wasn't draining or going anywhere.  The sewers all got backed up so the water just started pooling up in the middle of major roads.  This caused parts of the road to just crumble away.  I've never really seen asphalt just break apart that easily.  All over the island construction crews were working to fix busted roads and clear debris from the streets, and trying to restore power lines that fell.  This morning on my way to work there were still crews working on broken power lines and busted sewers, and it's still a little cloudy, but I think the majority of it is over.