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.

On Sunday afternoon I visited a place called Pineland. It was listed on website of the Maine Bureau of Parks and Lands, seemed interesting and was close. Upon arrival I realized that the place was some sort of a campus with sprawling grounds. I picked up a trail map at a visitor’s center and got directions to the trail-head. I hiked for about 2 hours on a mix of cross country ski trails, walking paths and the occasional country road. The grounds were full with wondrous areas; the remnants of a simple ski tow on a now wooded slope, pristine barns and greenhouses, rolling pastures and a campus. After this fantastic walk, which by the way I hope to ski this winter, I visited again the visitor’s center where I spoke with the woman on duty. As I had begun to suspect, the grounds were of a former mental hospital, and a storied one at that. I purchased and have begun to read the book called Pineland’s Past, which is a fairly honest look at the history of the institution. Originally called the “Maine School for the Feeble Minded,” the school’s third superintendant, Dr. Stephen E. Vosburgh stated to the Maine Medical Association in 1925:

There is an amazing lack of correct information regarding the subnormal. Occasionally a well-disposed philanthropist believes certain subnormals of pleasing appearance who seem not too dull should never be sent to an institution. In general, the higher types of feeble-minded, such as the morons, are the most dangerous to the community and posterity.”

The book has been gripping as it presents accounts from various perspectives, oft quelled from period newspaper articles. I’m up to the 1950’s and the time line notes that the campus remained open until 1996. Click here for the quick version from the new center’s website - very interesting stuff! Many a treasure to be found if one looks.

Working on a college campus has its perks, among them, free activities and food. I’ll use today as an example. At noon, the digital media center was having an open house. At this event, not only did I learn about the great video editing studio on campus (all Apple,) but I also received a satisfying deli lunch. Immediately following that event was another, held just a few minutes away at the arts center. This low-key performance was part of a series of afternoon concerts. Today’s entertainment was a saxophonist and drummer - here’s a link to the website of the drummer, Mike Calabrese… check out those photos!

In the audience there was a group that I am assuming came from a local center for mentally handicapped young adults. One cohort was sitting in the very front row and included a young man who appeared to have some form of autism. During the music he was waving his hands around and rocking back and forth. The reason I mention this is because it was distracting. I had come to listen to a musical performance and instead was drawn to this individual’s own form of expression. While a part of me was thinking that his movements were perhaps more genuine than the rest of the audience’s stodgy straight-backed sitting, another part of me was angry that he was stealing the spotlight. I began to think about alternatives: what if they had all sat in the very back row, thereby not drawing attention to themselves? Would such a thing be the equivalent of warehousing? I was not sure how I would have handled the situation had I been an employee of this center. The extent to which mentally handicapped individuals should be allowed to participate in activities seems to be tied to the disruptiveness factor. Just as a crying baby would not be welcome at a musical performance, so too should be the case for individuals who create a commotion. However, I realize the coldness of that logic, and would not wish to unnecessarily deny any individual, regardless of his/her special needs, access to enjoyable events. The question then becomes who dictates what constitutes a distraction and what action can be taken. It was an odd moment which leaves me with no good answer.