Today I was called on in Contracts. During this, my first summons, I ended up on the hook for three different but related cases which focused on the question of whether an offer had been made (versus just implied) for the purpose of determining whether a contract could be enforced. Exciting? …maybe not as viewed from the eyes of a “reasonable person,” but when you are on the spot in front of your classmates the urge to perform emerges. I didn’t have all the answers, but I had the ideas and fact patterns down pretty well.

This, however, is not a self-congratulatory post; rather, I hope to extrapolate from my humble experience today to those challenges faced by Sarah Palin, the Republican Vice-Presidential nominee. While I do not expect Gov. Palin or any other one person to have all the answers regarding how to solve our our country’s ills, I do expect those in positions of power, such as herself, to be able to articulate the basic ideas and fact patterns that lay before us.

A good, I dare say competent, leader knows how to take complex issues and give people an in as to their exploration; that is, the process of distillation helps us understand both what is and what one aspires to do about it. In this regard, Gov. Palin is a complete failure. Not only is she unable to tackle questions that she ought to be able to anticipate, but she also fails to lay out a convincing rationale for her own beliefs.

Perhaps I ought not be surprised, given the fact that Palin has been chosen for the express purpose of pandering to the faith-based community. But to that community, I ask, in what do you intend to place your faith? Since the Bible or a “value” can not serve as our leader we are forced to place our trust in humans, whose fallibility is guaranteed. Obama and Biden are fallible, as are McCain and Palin.

A rabbi who recently gave a lunchtime talk to a group of Jewish students here threw out an interesting point: the interpretation of the word of God by his messengers has itself become an ongoing continuation of that word. While one could argue that such a formula was probably fomenting in the mind of the Unabomber, the basic principle is sound; our being is not static and we must strive to make sense of what we are given from all sources.

After three weeks of legal studies I can say that much of what constitutes this human element in our system of justice can be found in decisions of merit as rendered by judges and juries. The Rules (of which there are many) help guide us in reaching just and equitable conclusions; we who chose are asked to find connections, discern intent and apply facts to that for which we ultimately have no guidance. This process, which occurs both with and without volition, a billion (or 700 billion) times a day, forms the lexicon from which new paradigms are promulgated when the times so demand. We are but the random ball rolling from the table; like the enigmatic neutrino, our rare moments of connection prove our very existence…

Governor Palin, who once struck me as a ballsy fighter, has proven herself to be yet another American who seeks to restrict rather than broaden this fundamental lexicon. As evidenced by current events that, if taken to their logical conclusion, may well precipitate the collapse of our society, the last thing we currently need is to narrow our already myopic focus. I do not elevate Obama and Biden to any sort of mythic status; the Democratic ticket’s humility, as opposed to the folksy opprobrium of its opponents, is emblematic of its embrace of the evolving word. In a world that appears to be getting the better of us (literally,) it’s right time we embrace the both.

The President has declared an emergency exists in the State of Louisiana and ordered Federal aid to supplement State and local response efforts due to the emergency conditions resulting from Hurricane Gustav beginning on August 27, 2008, and continuing.

The President’s action authorizes the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to coordinate all disaster relief efforts which have the purpose of alleviating the hardship and suffering caused by the emergency on the local population, and to provide appropriate assistance for required emergency measures, authorized under Title V of the Stafford Act, to save lives, protect property and public health and safety, or to lessen or avert the threat of a catastrophe in all parishes within the State.

Specifically, FEMA is authorized to identify, mobilize, and provide, at its discretion, equipment and resources necessary to alleviate the impacts of the emergency. Emergency protective measures, including direct Federal assistance, will be provided at 75 percent Federal funding.

R. David Paulison, Administrator, Federal Emergency Management Agency (FEMA), Department of Homeland Security, named Michael J. Hall as the Federal Coordinating Officer for Federal recovery operations in the affected area.

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Here is my understanding of Title V of the Stafford Act:

Sec 501 - Declaration of Emergency
a) Governor must make request. Can make request when scope of disaster exceeds the resources of state and local concerns. Request must be specific and clearly state assets available. “Based on such a request, President may declare that a state of emergency exists.”

b) President may also declare such a state of emergency (minus the governor’s ask,) should he feel that responsibility for a response lies with the Federal government…

Sec 502 - Provision of assistance

President may:

a) order all Federal agencies to utilize all available resources (including labor) to support state/local efforts.

b) coordinate all efforts

c) provide assistance (this one is worth expanding… references another section of act - see footnote)

d) remove debris (I wonder if this is an oldie here)

e) provide aid

Sec 503 - Let’s talk $$$

“Federal share - The Federal share for assistance provided under this title shall be equal to not less than 75 percent of the eligible costs. 5 Million dollar limit which may be exceeded if President sees fit and reports to Congress

** That pesky but important footnote on what kind of aid to individuals may be provided

President may provide assistance to those unable to help themselves. May not discriminate against person / household with a loan out from the Small Business Administration or any other federal administration.

Housing Assistance:

financial - temporary housing stipends can be paid based on fair market value. Will also pay for utilities (except telephone service ?)

direct - President may buy or lease housing units and provide them to displaced individuals / 18 month limit excepting extraordinary circumstances / after 18 months, fair marked value can be charged for temporary housing units/relocation

owner occupied private residences eligible for repair and hazard mitigation services.

“may not waive any provision of Federal law requiring the purchase of flood insurance as a condition of the receipt of Federal disaster assistance”

Medical Assistance:

provide dental / medical / funeral assistance to affected individuals

Costs:

IMPT: Federal share here 100%

approx max $25,000 per person / household

at the very end, a bit about verification of use of funds (fraud avoidance.)

I’m still alive - in fact, I’ve been feeling very alive these past few weeks, so excuse the lack of postings. A brief update: I have secured housing in New Orleans; I will be sharing a small house about a mile from campus with two other guys. The process was not easy but it seems to have worked out well. I have met a wonderful guy, someone with whom I can be myself. I got to see a bunch of my very good friends in a special place. Not all is well in the world, but Fortuna’s wheel (too often down,) is now up. Any suggestions?

The Kancamagus highway is one of the nicest roads in the Northeast. Running from Lincoln to Conway New Hampshire, it traverses Mt. Kancamagus, headwater of both the Saco and Swift River. It is sometimes difficult to maintain in the winter, but the summer months are a breeze. The area is within a national forest, so the area is managed Federally. The roads, thus, are in very good condition.

Along the highway, you’ll pass many scenic areas. From Lincoln, the first and more hidden openings are trailheads for longer forays. Further along you enter a scenic vista area as the road winds it way up the mountain. The pavement for this serpentine and sometimes hairpin stretch is flat and solid, perfect for a cruise. Coming down is much of the same. Entering the foothills the terrain moderates somewhat as you follow the Swift River. Lucky for the early summer passerby, the river offers many recreational venues. In addition to hike accessible waterfalls and large mountain lakes, the river provides fishing, swimming and limited boating potential.

I first learned about the place as a summer camp student at Waziyatah. Lower falls is an area of the river which offers some thrilling play; here the flow of the river has created some natural waterslides. The experience varies based on how high the river is running, but there is a predictable pattern of water which has, over the centuries, worn some very smooth crevices into the rock. But this ain’t no cheesy kids park. In fact, the area is quite dangerous. Visitors could, theoretically, slip and be seriously injured (but rest assured dear reader, the Feds certainly have a few good lawyers in their arsenal.) These chutes have formed within the larger context of jagged boulders, little swirling pools, and a myriad of river creatures; here nature has allowed mankind to play. On a sunny day, you can swim, scamper between outcroppings, sun, or, if you are brave, ride a little.

But don’t go right in the middle of the day, after all, I’m not the only one to know about this. The region is just south of Franconia via I-93 and is dotted with ski slopes, mostly tasteful amenities and ample other outdoor opportunities from tame to eXtreme.

Yesterday was a full day in NOLA. I arrived at Union Station on Monday evening at about 8 after a long but very pleasant train trip. I took the Amtrak Crescent from Penn Station (NYP) all the way to New Orleans (NOL.) To make the long trip more bearable I upgraded to a sleeper car, otherwise knows as a Roomette. Calling it a room is a bit of a stretch, but the perks of taking first class sleeper service make the trip worthwhile. In addition to having a dedicated attendant (snacks / turn down service / baggage handling / chatting / etc…) all meals in the dining car are included. Was the dining car akin to the white glove pullman service of the past? Well, not quite, but the food was good and the company (seating is communal,) lively. I had one particularly pleasing conversation with a couple heading down for a notary conference; I always look forward to meals on trains as you find that everybody has an interesting story; I was able to practice my questioning/discovery skills which hopefully will serve me well in my future endeavors.

We saw two places yesterday, neither of which was perfect. Today we have a few more appointments. The two guys who I had yet to meet are good people and I think that we will be able to live together without too much drama. Since I missed it last time I was able to stop by Perlis on Magazine St. Talk about a good store… it’s preppy heaven. I picked up a fleur-de-lis belt which is very NOLA and very cute.

The hilight of the day, though, was the evening’s food and entertainment. We ate at Jaques-Imo’s, a New Orleans institution famous for, among other things, alligator cheesecake. I had crawfish etouffee which was some of the best and most flavorful I have ever tasted. My dining partners were likewise pleased with their crab stuffed catfish and roux.

After a pleasing meal we headed over to the Maple Leaf which, though it appeared to be a regular bar, slowly began to fill up as the time approached for the main act. As the anticipation and energy grew, seven men took the stage and the Rebirth Brass Band started with a bang. If anything is typical to New Orleans it is the tradition of the brass band, and as far as brass bands go, Rebirth is known as one of, if not the best. And let me tell you, this reputation is well deserved. These guys are first class showmen, and their songs had the crowd (me included) jumping and jiving. Their fantastic cover of Steve Miller’s Fly Like an Eagle was out of this world groovy. I danced for what seemed like hours, and would highly recommend Rebirth to anyone visiting NOLA.

We’re about to head out for our first appointment, so please send some good vibes to our housing hunt!