Lawyered!: Plain view doctrine and White Collar

This series will cover topics involving the law, law school and everything in between told from the perspective of a frightened, enlightened, irritated, and engaged law student. :)

It has been a time-tested, experienced-based rule of the universe that whenever you keep doing something for a long time--say, two years--chances are you're going to get bored. Two things I've been doing for almost two years are: blogging and being in law school.

To counter the effects of the rule, I blog about the law and try to equate, parallel or analogize it with something I love, and write under the title: Lawyered!. Example: Right to travel and Lily of How I Met Your Mother, etc.

Recently, I've blogged less Lawyered! stuff and busied myself with reviews of TV serieses to find a replacement for Chuck, which has aired its final series-ending episode last January 27. So to dovetail Lawyered! and Quest for the Next Best Series, here I am, writing about White Collar and search warrants.

The thing that impresses me most about my Criminal Procedure professor is his passion for the law. It is shown through his superb lecturing and teaching skills and knowledge of the law. In class, we are amazed at how much he knows about CrimPro (he knows the cases by heart and can recite them, unlike some of the profs I've had before, haha) and how dedicated he is to learning more about it. He updates his knowlegde by reading on new cases and sharing new-learned info to us.

Anyway, we've been discussing search warrants for about two or three weeks now. In the US, search warrants are governed by Supreme Court decisions in Katz vs. United States, Terry vs. Ohio,  State vs. Von Bulow etc. The general rule is: A search without warrant is illegal. But there are exceptions. One is the plain view doctrine as explained in Harris vs. United States (1968), Coolidge vs. New Hampshire (1971) and Arizona vs. Hicks (1987), as shown in the pilot episode of White Collar.

For the plain view doctine to apply, the following requisites must be present: (1) Lawful intrusion of the person/s doing the search into the private property being searched; (2) Inadvertent discovery of the items seized; and (3) Object seized is/appears to be a contraband or is evidence.

From 52:00 to the 54:56 mark of the White Collar Pilot episode, it is shown how a pursuit of a fugitive can justify the search of private property and seizure of obviously illegal items. The Dutchman, an art restorator suspected of forgering 1944 bonds, is caught at his warehouse printing tons of fake bonds when FBI agents barged in the said warehouse where a known fugitive named Neal Caffrey, who has GPS attached to his ankle, was tracked at.

Tim DeKay as Special Agent Peter Burke

Based on the requisites, there is a justified application of the plain view doctrine. Lawful intrusion: The FBI agents were there to catch a fugitive. Inadvertent discovery: No other act was done by the person/s doing the search in order to find out that the materials/items were being used to commit a forgery. They came in and saw them in the act of printing and/or trying to hide the said items. Apparently contraband/evidence: Printing high-definition copies of a 1944 rare bond (although many was made, there is only one surviving copy) without authorization to do so is, rightly, a forgery and art theft in the US.

Honestly, I didn't see the search warrant part coming thirty minutes into the episode but I loved and appreciated the fact that it did fit perfectly into the story. I know this makes me sound conceited but I will say this: I liked the "Aha!" moment I had when the plain view doctrine was shown/mentioned. It makes me feel proud that I was able to find something law-related in an unexpected moment and understanding it. Goes to show how you go on to do one thing, and turn out finding/liking something else fascinating about it. Aside from providing a good illustration of the application of the doctrine, this certainly is a plus factor in White Collar's favor*.

Lawyered!

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*More on White Collar in a QNBS review coming soon.

You may want to read:


Lawyered: The Law-down
Lawyered: Do the Math
Lawyered: Top Reasons Why You Should Date a Law Student

Two-Second Moment

It amazes me how, at a very precise two-second moment, we are given the opportunity to connect with someone we don't know and have just seen. This moment happens randomly. Maybe you're walking at the mall, crossing the street, dining with friends, browsing books, holding hands with your partner... It happens when you least expect it. You look at each other amidst a crowd people, or in spite of the great distance between you. Then, you smile at same precise moment that you're looking at each other. The look may be romantic or platonic but the connection is unmistakable. Because you don't know each other, and the current circumstance you're both in limit your actions, you break eye contact, and turn away, as if nothing happened. You're afraid to look again. To see if that person is still looking.

You chalk up this moment as one of your life's greatest mysteries. Who is this person? Why is he/she looking at me? Why are we looking at each other? Why did he/she smile? What is he/she thinking?

You will never know. Unless fate, destiny or luck gives you both another chance, another circumstance to connect...connect in a manner that matters.

I thought these moments happen only in the movies, books or TV serieses. Apparently they do happen to ordinary people.

QNBS: Suits

As I wait for January 27 (the airing of Chuck's last two episodes), I feel time is running out on me. I have reviewed a lot of series, hoping to find a replacement for Chuck but so far none has come out as the clear winner. So I continue my Quest for the Next Best Series. Many series have been recommended but today, I will write about Suits.

Plot: A twenty-something college dropout decides to stop getting stoned and taking tests for other people, and be responsible on his own by becoming the 'protege' of a thirty-something brilliant lawyer.


PROS:

1. It was recommended by one of my friends whose taste in books, movies and music I find really good, or is highly similar to mine. Props to Vizzie for suggesting that I try Suits.

2. Mike Ross reminds me a lot of Chuck Bartowski. Twenty-something loser who was kicked out of college because of cheating and has nothing to show for or be proud of in his life. Although Mike is not as endearlingly clumsly or nerdy as Chuck is, he still has that "loser" charm going for him. If you love underdogs or rags-to-riches stories, I think it's safe to say that Mike has, to say the least, a little bit of underdog quality in him. Mike's photographic memory, intelligence and ability to retain tons of information can be paralleled to Chuck's nerdy-ness when it comes to video games and technology. And of course, like Chuck, I expect Mike to get the girl...no matter how long the series writers decide it to be.

Rachel: Take notes I'm not going to repeat myself.
Mike: I love you.

3. It's about law. Although I try not to do things related to law when I'm not studying, I'm surprised to find Suits really entertaining. I guess it's always okay to watch things you can relate to. Aside from Marshall from How I Met Your Mother and an occassional mention of issuance of warrants in Bones, Suits is the most law-related show I have watched so far.

4. The characters are interesting, and the actors playing them are very effective. Gabriel Macht as Harvey Specter  is perfect. Harvey is like a better-dressed, less condescending but highly cunning Gregory House. Patrick J. Adams is a very believable Mike Ross. Their chemistry is commendable--from the usual sarcastic senior lawyer-junior lawyer banter to the "Because you're afraid you have to admit you're not as smart as you think you are" moments.

Harvey (l) and Mike (r)

The supporting actors Rick Hoffman, Meghan Markle and Gina Torres are very strong in their portrayals of Louis Litt, Rachel Zane, and Jessica Pearson respectively. They provide the leads, and the show, the necessary back-up in case they fail to interest enough viewers. Sarah Rafferty as the strong-willed paralegal with her own office is H-O-T. She provides the necessary eye candy for the show. Hoffman as Louis is highly effective as that annoying villain/highly insecure other partner of the firm.

His face is really annoying. Perfect for a villain.

5. The first two episodes reveal enough detail about the characters for the viewers to get interested and yet they manage to make some stories open for clarification or exploration in succeeding episodes. Aside from the obvious Mike-Rachel relationship, I also expect to see the Harvey-Jessica dynamic expounded, albeit in a non-romantic manner (like, how they met, how Jessica helped Harvey etc), and I noticed how the writers laid down the foundation for a Mike-Trevor's girlfriend possible connection/conflict.

And of course, there's annoying Louis and the exploration of why he is how he is and the limit (or lack of limit) of the mean things he can do. I even found the secretary Donna Paulsen (played by Sarah Rafferty) promising.

CONS:

1. It sends the wrong impression  (to law students or would-be law students) that you can be brilliantly good at being a lawyer without having a law degree. Yes, it may be possible but, as a law student who's trying to find reason and drive to continue learning about the law with the hopes of being a good lawyer, the show does not set a good example. It makes one doubt the necessity of undergoing the rigors of law school.

Oh, photographic memory, law school would have been a lot easier if I had you.

2. It reinforces the popular sentiment that lawyers are liars--very good ones at that.

3. I wish it was funnier. Yes, Louis is funny but he is such in a very annoying manner.


I admit, at this point, Suits looks promising. I can see myself regularly watching it and being entertained by it. But the question is, will it continue to have the "stick-by-it" factor Chuck and The Big Bang Theory have and How I Met Your Mother is slowly losing? I hope so.


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You may want to check other QNBS reviews:

QNBS: Game of Thrones
QNBS: IT Crowd 
QNBS: Rizzoli & Isles
QNBS: Community
QNBS: Outsourced
QNBS: Awkward
QNBS: New Girl

On Joining Twitter-verse

I welcomed 2012 with optimism and well, a lot of invitations to join Twitter. My apprehensions with joining Twitter started with news about celebrities being misquoted and mis-appreciated because of their tweets. Secondly, I refused to Twitter for fear of not having enough followers. Hello, it's a social networking site that capitalizes on--if not highlights--one's ability to convince people to follow them. It's harder than Facebook because one is measured by 140-character thoughts, which have to be not too personal yet endearing, witty, interesting, funny or...well, something that will elicit enough reaction for you to get re-tweeted. Thirdly, I refuse to join Twitter because I can't think of a catchy Twitter name. How can I keep up with witty names out there in Twitter-verse? I wish my name was Simon, so my Twitter name could be: simonsays, and I'll appear like the most -ass person on the planet for using that name.

So today, I write about all the Twitter names I can use when I decide to join.

joannfdm - The most bland name I could think of. Might as well not join Twitter kung ito lang gagamitin ko.

joannfrances - I used this for my Multiply account. Can be used for purposes of parallelism, or continuity.

mamajo - My high school nickname. I didn't like it but it stuck, and everyone from my batch called me mamajo. 

maruyajunkie - I love maruya the same way a junkie loves/is attached to his drugs.

madtherung - My Game of Nerds username. 

romancandlesacrossthenight - Being a big On the Road fan, I can't help but consider an On The Road reference. I think the name's too long.

counterculture or iamcounterculture- One of my best, most appreciated moment in 2011 was when a law blockmate described me as "counterculture" and that I reminded her of Juno's "angst in a positive way". I loved being counterculture.

malcolmhaller - Since we're on the topic of law school might as well think of one. I admit malcolmhaller is kind of lame.

frankyfranks - My friends Jan and Pau will be too happy if I used this. 

sigangdominga - This will be fun to use if my close friend Alex will join Twitter as sigangsandejas.

jimdandy - It means, the best of its kind, and is the name of this blog. 

jack'ssmirkingrevenge - A reference to Fight Club although I doubt it if this username is not yet taken.

richalvarezfangirl - The name speaks for itself.

batanesmeetstandanes - This list wouldn't be complete if I didn't use something Jen Tuazon-inspired. 

ilovebenedictanderson - The name's very special. It stands for a lot of things I cherish but chose to forget. You may think you get what it means or what it refers to but believe me, you don't. I'm sure people will keep asking "who is benedict anderson?" or "why love him?" and I don't want to explain myself.

supersamplist - A cool name but highly inappropriate since I haven't used my supersampler in a looooong time. Also, once I use this, I am duty-bound to post a supersampler photo once in a while.

And there goes my list of possible Twitter names. Smart? Lame? I can do better? Tell me what you think.

QNBS: Game of Thrones

PROS:

Referred by the Chuck Bartowski

CONS:

None so far.

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QNBS: Outsourced

QNBS: IT Crowd

QNBS: Rizzoli & Isles

QNBS: New Girl

QNBS: Community

QNBS: Awkward

An Open Letter to Rich Alvarez

Dear Rich,

Hi there!

I'm Jo Ann Madarang, a twenty-two year old, and one of your biggest fans--figuratively and literally speaking. hahaha If you remember, I messaged you on Facebook a few months ago, and you replied.

Yes, I'm so nice. Haha.

Forgive me if I have to write again, and, this time, through a letter which is open for the whole world to see.

As a young grade six kid watching college basketball on Studio 23, I immediately developed a crush on you. Yes, you were my crush the moment I knew what crushes are. I liked you because you were a shy, unassuming, tall guy who plays tremendously good basketball. You never bragged about a shot nor trashed-talked with another player. You let Enrico did the trash-talking back in Ateneo, hehe. I loved how you simply smiled to acknowledge a good play.

To put it simply, at a very young age I developed an image of my ideal man, and it was you.

Last November 28, you got married to a stunning woman. Yes I do feel a pang of jealousy as you and Kyla lovingly stare into each other's eyes but this pang does not last long enough for me to be bitter. Instead, I am touched. I am touched as your and Kyla's love story got stronger just as many basketball player-TV celebrities' love stories and marriages crumbled. And because I think it is wrong ogle a married man, I changed my sidebar--from photos of Rich hugging a dog and a ball to his wedding photo.

Honestly, I got goosebumps just watching your wedding video--one of the best, most heart-warming wedding videos I've seen so far (as equally nice as Oyo Sotto and Tin Hermosa's). As my heart silently grieve for the unavailability of my ideal man, my eyes water at the sight of your amazing wedding photos.

photo from Nice Photography

Rich, thank you for being the person I look up to and idolize not only as my ideal man but also as an athlete. Your struggle, from your career and ACL injury to winning two Championships with the Talk N' Text Tropang Texters, sets a good example to athletes from all kinds of sports. Strive, play and pray hard and it will come.


Love, your biggest fan since Grade Six (hehe),
Jo Ann

QNBS: The IT Crowd

As I prepare myself to say goodbye to Chuck, which is on its fifth and final season, I also embark on my Quest for the Next Best Series to search for its replacement. Many series have been recommended but today I will write about The IT Crowd.

The plot: Two geek guys from the IT Department deals with their new boss, a blonde who knows nothing about computers but is a "people person". These three deal with the everyday rigors of living and working in a company's IT department--dealing with each other, the surroundings (which is an obvious fire hazard) and their quirky boss who looks like a crazy police officer.

The IT Crowd

PROS:

1. It is a 24-minute show. To accommodate my TV show de-stressing needs, my current time concerns and short attention span, the new show I will take on after Chuck must be limited. The IT Crowd's average 24 min. 30 sec episodes fits my time constraints very well. Also, since it is a British show, each season consists of around six to seven episodes. Now on its 4th season, The IT Crowd only has 24 episodes so far--equivalent only to one season of HIMYM.

2. It's a British sitcom, and I love all things British: Rowan Atkinson, Princess Diana, John Oliver in Community, the British accent.

3. Geeks are this millenium's jocks, and I admit I get easily drawn to (or maybe I identify with) geek/nerdy characters (see Chuck Bartowski, Sheldon, Leonard, Raj, Wolowitz). The IT Crowd is like the British The Big Bang Theory. The plot are a lot similar: Two geek guys meet this fairly hot blonde who knows nothing about what the geeks do, and loves only shoes. The blonde helps the geeks with their social lives and the geeks help the blonde...be funny, I guess.

Jen, Roy and Maurice

4. It's funny. The show mixes wittiness, sarcasm and a paler version of slapstick comedy. Caution: This show may not be funny for everyone. For one, I think my brothers will not find it as funny as much as HIMYM.

5. It's well-cast. Although I'm not familiar with the who's who of the British TV sitcom industry, I think Chris O'Dowd as Roy, Richard Ayoade as Maurice and Katherine Parkinson as Jen were nicely cast. Even Chris Morris' acting as Denholm Reynholm was excellent. I found his character really funny. A British-speaking, black version of Sheldon in Maurice is just amazing. I wonder if The IT Crowd and TBBT writers are open to doing a crossover featuring Sheldon (like when Abed [Danny Pudi] guest starred in Cougar Town).

Roy, Maurice, Denholm and Jen

6. In the few episodes I have watched I find the lines to be very clever.

"Hello, I was just wondering do you want me to connect up your phone?"
"No, no, no. It's working."
"But how??"

"I stole it."
"You stole it?"
"Yeah."
"But that's stealing!!!!"

"I can't go to prison, Roy! They'll rape the flip out of me!"

CONS: 

1. The active/action/slapstick-like comedy is sometimes a bit too much. Roy's always falling down on the floor and is always bleeding (in the first two episodes Roy had a head wound and and a thigh wound), Jen's always doing facial contortions to show her delight, pain, panic or disbelief, and (insert Boss character's name here) always doing his weird gestures. Yes, the HIMYM gang may be a little physical as well (with all the slapping, costume-changing, and even whipping!) but The IT Crowd is nearly over the top for me.

Chris O'Dowd (Roy) and Katherine Parkinson (Jen) are (maybe)
going overboard with their acting.

2. The chemistry and comic timing is not as effective as HIMYM's and TBBT's. In a lot of scenes, I found it too obvious that everyone is just waiting for others to finish their spiels. It looks like everyone's making an effort to make the scenes as smooth as, and the jokes as quick as, possible. Maybe they'll be perfect by Season 4...or their 24th episode.

3. I don't see a central storyline. Moreover, I see a bleak future for the show, story-wise. The question we have to ask is: what more can you do with a plot as simple as this show's? The writers of The IT Crowd may try going TBBT way (have one of the geeks date the blonde, have them break up, be really good friends and then bring in new characters). But let us put in mind that Jen, Roy and Maurice doesn't have the emotional/romantic vibe to their relationship like what Leonard and Penny had from the very start. Maybe the writers can put it in but I think it will not be a good idea to do so. Also, the show's overall feel doesn't seem to be suitable for such emotional plots. Okay, the best thing that could happen is that three of them become good friends and be better socially adaptive individuals. That's it.

The IT Crowd is a very straight forward show. The writers don't mince their words, the actors give their all when acting out their roles, and the show is, basically, what you see is what you get. There are no hidden meanings, slowly developing storylines, plot twists or romantic subtexts to focus on. It simply is, and does not pretend to be more than, a sitcom. The IT Crowd is good to watch when you need to watch something for the sake of watching and laughing.


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You may want to read other QNBS reviews:

Outsourced
Awkward
Community
New Girl
Rizzoli & Isles

QNBS: Rizzoli & Isles

As I prepare myself to say goodbye to Chuck, which is on its fifth and final season, I also embark on my Quest for the Next Best Series. Many series have been recommended but today I will write about Rizzoli & Isles.

Plot: A homicide detective (Det. Jane Rizzoli) and a forensics expert (Dr. Maura Isles) work together to solve crimes while juggling personal (their respective colorful family) and professional issues.

I decided to watch the show's first three episodes to be able to come to a reasonable conclusion on whether or not to adopt this series as my replacement for Chuck when it ends. After I've read/Google-d that the show has quite a following in the gay community, I took time to read all available AfterEllen.com's Subtext Reviews, as they are called, on the show's 20-episode run (as of this writing).

The plot is a lot similar to Bones or any other detective/cop movie/TV show. The only difference, though, is that both leads are women and are not romantically linked or paired with each other--or at least the writers did not intend them to.

The popular support for a Rizzoli & Isles romantic pairing has spawned videos, picspams and even Subtext Reviews. These reviews focus on each episode's subtexts (the analogy, wordplay, body language between the actors, setting) that allude to Det. Rizzoli and Dr. Isles possible attraction to, or relationship with, each other. The gay community has been itching, in the show's two-season run, to see their two favorite leads to engage in an on-screen open relationship or, simply, they want more than TGTGT action! Despite this clamor, the writers and even the actresses have openly stated that the characters are not gay. I don't know how this clamor will affect the show's story and the actresses' portrayal in the future episodes but I'm sure that it does. TV shows are, mostly, concerned about viewership and ratings.

PROS:
1. Jane and Maura's chemistry. Angie Harmon (Jane) and Sasha Alexander (Maura), whether as friends or would-be lovers, have incredible chemistry. They seem as if they are long-time friends. For me, the only duo that has the same chemistry is Chuck and Morgan.

Photo from AfterEllen.com

2. Right amount of everything. To be fair, the Pilot episode contained the right elements enough for first-time viewers to look forward  to the next episode. The Charles Hoyt story was mimical of most cop stories wherein the lead protagonist has this archenemy the lead cannot kill or defeat. Bones had Heather; Booth had that sniper; Rizzoli has Hoyt. The season finale of Season 1, wherein Jane shot through herself to shoot her hostage-taker, is just plain epic. Try to beat that, Seeley.

3. The show does not care. I liked Rizzoli & Isles because it simply does not care. It does not care that its two female lead characters have the dynamic of real-life partners yet remain friends, and that, because of this, the viewers are going bonkers. In the latter part of Season Two, one Subtext Review commented on the necessity of Subtext Reviews considering the obviousness of the whole Jane-and-Maura-love-each-other. No one from the show's writing team seemed to be in a hurry to expound on this apparent dynamic.

CONS:
1. Playing Spot-the-Subtext with myself. As I watched the second and third episodes, it became less about the story and more about spotting possible subtexts or hints. I was playing a game of Spot-the-Subtext with myself. I guess Sheldon was right when he pointed out how frustrating it is to come into something (ex: watching a new movie, listening to a new song, reading a new comic books) with your mind pre-blowed (aka someone tells you how mindblowing/great how a certain movie, song or comic books is). Once blown, the mind can never be un-blown.

2. I worry about the ending. Like most shows, I'm uneasy with the fact that the show may have no clear, definite ending. So what if Jane and Maura realize that what the people at Afterellen.com are pointing out to are true? What if they do become a couple? Then what? Will they live happily ever after? I doubt that.

Despite the US' claim that they are tolerant of colored people, gays and women, same sex relationships are still taboo for national TV programming--more so, during prime time. I think this view plays a big factor in the writers' reluctance to jump the gun and have Jane and Maura sleep together, or just even hint at becoming something else, something more.

3. I worry about the show's following. Yes, the show has a solid following in the gay community. What I'm worried about is when these fans get tired of following Jane and Maura around and interpreting their actions. Who will watch the show? But, then again, will the Subtext Reviewers and Readers ever get tired?


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You may want to check other QNBS reviews:
QNBS: Community
QNBS: Outsourced
QNBS: Awkward
QNBS: New Girl

Getting Old, TV show-wise

When our favorite TV shows get old, no matter how much we love them, we turn into exes with unresolved issues, friends who never stayed in touch, or neighbors who moved to some far away place without leaving a contact number...we just lose the connection.

Growing up I super loved Survivor for its challenges, trivia potential and cunning-ness. But as it moved to new locations, endless castaways and numerous twists, I never saw an end, and got tired. It's a good thing to never quit but it's better to quit while you're ahead or on top. One is only as good as his/her last performance. Survivor just became, for me, one of those reality shows of the early 2000s.

Bones got old for me because of two things: (1) It took six seasons for Bones and Booth to hook up and even when they did, it was hazy (I can just imagine how longer it would have taken for them to hook up if Emily Deschanel didn't get pregnant); (2) It keeps killing off/writing off my favorite characters. It was big enough blow that they kicked out Eric Millegan (who plays the ever-lovable Dr. Zack Addy) for being unprofessional but it was just...game changing to write off intern Vincent Nigel-Murray (played by Ryan Cartwright) as well. Watch out, Elon Gold.

Another show that grew old on me, so to speak, is House. My then-nursing student Ate convinced our family to do a House marathon of seasons 1 to 4. I stayed hook up to Season 6 but the never-ending, always-going-back-to-Dr.House-being-a-Vicodin-taking-jerk storyline just sucked the interest out of me. Jennifer Morrison (Dr. Cameron) leaving permanently, Lisa Edelstein (Dr. Cuddy) decision to leave to try out new things, and Olivia Wilde's (Dr. Hadley aka Thirteen) decision to focus on her movie career are manifestations of how the actors have realized the need to move on and the writers' refusing to do so. It's a good show but it's frustrating that writers don't realize when it's time to quit. Scrubs' writers nearly missed their cue when they tried to last longer than JD and Turk, and introduced a new batch of med students in Season 9.

I laud Chuck writers, producers, actors and even its TV network for deciding not to renew Chuck after Season 5 because, really, what do you do after Chuck Bartowski becomes a real spy and gets married to the love of his life? Is there more to tell? Yes, getting the Intersect out of his head, and being an agent on his own--which is what Season 5 is all about. It's not bad that Chuck is ending with bang (read: kick-ass episodes, stunts and special effects; wonderful set of guest stars), too.

It pains me to see that a show as good as House is slowly becoming that-show-that-got-old, and Bones is becoming just plain draggy. Goodbye, Thirteen. It was fun while it lasted.

Photo from afterellen.com

Lawyered: PGMA is Lily

The "Lawyered!" series will cover topics involving the law, law school and everything in between told from the perspective of a frightened, enlightened, irritated, and engaged law student. :)

Fresh from my US case law-inspired Constitutional Law 2 class, from which I didn't finish on top of (yes, this gives you the right/basis to question/doubt my opinion), I re-visit my much-neglected blog series, Lawyered.

First, dear reader, I apologize for the one year hiatus of this blog series. Law school proved to be much more time-consuming and holistically demanding than I predicted it to be. In my first year, I incurred grades I have never gotten in my entire academic life and I had to focus on studying rather than blogging about studying. Anyway, this series is back...for now.

The topic: DOJ's ban on former Pres. GMA's travel abroad to seek medical attention

The simple, condensed facts: PGMA asked for a travel authority from the House of Representatives (note: as a Congresswoman, she needs to seek the approval of the House and the Speaker when leaving the country) due to health reasons, particularly to seek medical attention (biopsy) for her cervical spine infection. The House allowed her to leave but the DOJ, headed by Sec. Leila De Lima, has denied her request to be removed from the Watch List Order issued by the Secretary pursuant to Department Order No. 41. Now, PGMA seeks to nullify Department Order No. 41 which was issued on 7 June 2010--during her administration. Mainly, PGMA is arguing that the said Department Order curtails her constitutional right to travel based on Article III, Section 6 of the 1987 Constitution.

Photo from ellentordesillas.com

I have finished Constitutional Law 1 and 2. These subjects were taught in contrasting manners by different professors, who I shall not name, but whose techniques in teaching I will try to use here. Let's call these contrasting approaches as the Consti 1 - Legal approach and the Consti 2 - Political approach.

The Consti 1 - Legal Approach

Issue: W/N the DOJ's ban on former Pres. GMA's travel abroad to seek medical attention for her cervical spine condition is valid, considering the preliminary investigation on the electoral sabotage case against her and FG Mike Arroyo has started?

Answer: Yes because it is legally grounded on Department Order No. 18 issued on 23 April 2007 granting the DOJ Secretary the power to issue Watch List Orders prohibiting persons who have a preliminary investigation being done involving them or  in cases when a Motion for Reconsideration is pending review before the DOJ including application for "Not The Same Person" (NTSP).

The Consti 2-Political Approach

Issue: W/N PGMA's constitutional right to travel (for "pressing" medical reasons) can be curtailed by the State's interest in national security or in protecting our justice system?

Answer: No because the constitutional right to travel is one of the fundamental rights granted by the Constitution, as evidenced by it being included in the Bill of Rights. As such, it must be protected with great scrutiny, and controversies must be settled in favor of upholding the said right. In this case, what is being balanced is a citizen's right to travel (and to obtain competent medical attention for her 'pressing' medical condition) and the State's interest in protecting our justice system.

The question is, Is the State's interest in protecting the integrity of our justice system far greater than an individual's right? No. There are other ways in which the integrity of the justice system can be protected and maintained without stepping on PGMA's right. It is wrong, at least for me, to say that:  the greater good shall prevail over the interest of the few. Constitutional rights have never been, in the few cases I've read and we've discussed in class, about "majority wins". It's about protecting the interest of the minority, of the individual. This is democracy in its most fundamental level.

To help you understand this, and just to keep the How I Met Your Mother parallelism going, let me illustrate the importance democracy gives to individual liberty by using a scene from The Rough Patch (Episode 7 Season 5). Marshall and Ted are trying to convince Lily to break Robin and Barney up because their relationship is killing them.

Marshall: You've got to break them up. This relationship is killing them.

Lily: I know it is but I've learned my lesson: no more interfering; let things run their course.

Ted: It's two to one.

Lily: Yes, but the one is me.

Imagine that everyone else is Marshall and Ted, the majority, and PGMA is Lily--the individual, the minority. Even if Lily's alone she matters. I believe, no matter how crappy PGMA is as a person, she still has the right to travel whenever she pleases especially in cases when her health so demands. If she chooses to obtain medical attention abroad, no one can/should be allowed to stop her. The decision on who and how one's medical complications will be treated should be decided by the person who needs it. Having the freedom to make a choice is very fundamental, and it lies at the core of each and every constitutional right granted to each citizen of the Philippines.

The ultimate choice of which approach will apply in this case is, again, at the hands of fifteen Supreme Court Justices--twelve of which was appointed by the petitioner. I disagree with what some are saying (that this is simply a legal issue) because choosing which approach to apply, whether the legal or political approach, is political in itself.

Lawyered!

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You may want to check:

Lawyered: The Law-down
Lawyered: Do the Math
Lawyered: Top Reasons Why You Should Date a Law Student

Quick Change-Ups

It's fascinating how actors/actresses/characters in a series are changed after an episode or two. Some of us don't even notice the change for: 

(1) the change is made too soon in the season (like in the case of Gen. Beckman of Chuck...

(2) the change is made too far apart from the character's first appearance up to the next (Vimi in Outsourced)...

 or (3) the change involves the 'token black guy' all together (Coach was changed to Winston in New Girl)...

In all these changes, I hated the change in New Girl the most. Coach was doing great as the 'token black guy' character and I found Winston's entrance unnecessary. But, as it turned out, the change was inevitable because Damon Wayans Jr.'s series Happy Endings was renewed.

In Gen. Beckman's and Vimi's cases, better--in performance and looks--actresses replaced the former. The new Gen. Beckman played by Bonita Friedericy proved to be homelier than the former played by Wendy Makkena. I couldn't have predicted how Makkena would have played the Gen. Beckman character but as far as Friedericy is concerned, she has done a very good job. The former Vimi proved to be too dull and plain looking compared to a ravishing(!) Noureen DeWulf. It is, however, doubtful if a guy who looks like Rajiv can land a woman as good looking as the "new" Vimi.

Well, that is what TV is for.


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You may want to check, Quick Change-Ups a la Glee.

Barnman and Robin Picspam: 501 Definitions

First, what is a picspam? There's no official definition so I constructed one, the Wittgenstein way. It is a series of screencaps of characters, usually pairings, in film or TV series scenes. It's a form of channeling ones obsession over these characters. Or so I think.

How I Met Your Mother is, obviously, my favorite TV series. I started watching it in 2008. I liked Ted but when the writers paired Barney and Robin in the Season 3 episode Sandcastles in the Sand, I had a Eureka!/why-not? moment. From that point on, I was on the Barney and Robin boat. Ted who?

In my frantic quest for all things Barney and Robin, I stumbled upon these picspams (with dialogues!) of the couple made by a blogger from Italy. She has made awesome picspams  up to Season 4. For references, click below:

Season 1

Season 2

Season 3

Season 4 (1/2)

Season 4 (2/2)

When she stopped making picspams for the couple in Season 5, I took it upon myself to continue the stalker-ish thing she started. I never expected how much hardwork and commitment making a picspam demands. But like any endeavor I commit myself to, I promised to continue the picspam-making up to Season 8, HIMYM's last confirmed season.

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It was tiring to make a picspam for Season 5 because 1/4 of the season was about Barney and Robin being in a relationship, and the 3/4 was about them struggling to be friends.

Season 5x01 Definitions

Barney: Yeah, Lily...
Robin: Barney's awesome.
Barney: Robin's more than just awesome. She's aw--quite a bit--hold on a lot--

Robin: We’re just not feeling it right now.

Robin: I should get going I have a date.
Barney: You're still seeing that guy.
Robin: Even better...seeing him naked.

Barney: The Talk sucks; you have to, like, talk.

Ted: I don't think that the talk is necessary.
Marshall: What?!
Ted: Because Robin is already his girlfriend.
Barney: What?!

Lily: Seriously, we're at the point of physical violence here. Now, will you please have the talk?
Barney: Because of that? Come on, that's my thing. I'm always punching guys. Girls. I'll punch a baby I don't care.

Marshall: Just hanging out.
Lily: Not good enough.
Marshall: NOT GOOD ENOUGH! (whips)

Robin: Think about it we spent the whole summer lying about being just friends.
Why not just keep lying?

Barney: She's awesome. Robin: He's awesome.
Robin: He looks nice in a suit. Barney: She can handle her scotch.
Robin: He's my boyfriend. Barney: She's my girlfriend.

Ted: You do realize they were lying, right.
Lily: No, Ted they don't realize they weren't lying.

Stay tuned for more.

QNBS: Community

As I get ready for Chuck's fifth and final season by re-watching every episode starting Season 1, I also embark on my Quest for the Next Best Series. Many series have been recommended but today I will write about Community.

Very condensed version of the plot: A lawyer whose license was suspended by the New York Bar until he gets a US college degree forms a Spanish class study group to sleep with the girl he likes. This unwilling group of people evolve into real friends as the series progresses.

Unlike Awkward, New Girl or Outsourced, I have watched two full 24-episode seasons of Community. In fact, I have watched four episodes of its third, newest season. It was aggressively recommended by two law blockmates, and watched by two others. All four's taste in films, TV and music more often than not coincide with mine, or whose choices/recommendations I later on like.


PROS:

1. Danny Pudi as Abed Nadir.

Abed in stop-motion animation

He's the token non-American supporting character (Ken Jeong's Senor Chang is the second.) but most of the time, he steals the show away from Joel McHale's lead character Jeffrey Winger. He's has Raj's weirdness, Barney's creativity, Zack Addy's and Thirteen's mystery, and Vincent Nigel-Murray's intelligence (of all things trivia). Add to these qualities, he has comic timing and charm (as shown in Intro to Political Science and For a Few Paintballs More).

Abed (channeling Hans Solo) and Annie share a kiss
that launched many fan videos on YouTube

2. Troy and Abed. Pudi's chemistry with Donald Glover's Troy is surely an unexpected but very much welcome development. It has generated a solid fan base (me included) starting from the Spanish rap they did at the end of Spanish 101.

Abed and Troy doing their epic Biblioteca rap

The show's recognition of this pair's tremendous chemistry was manifested by the end-credits stuff they did in most of Season 1's and partly of Season's 2 ending credits. My favorite was when Troy, Abed and Annie dressed like Jeff.

Troy, Annie and Abed spoofing Jeff...or trying to.

3. An episode lasts 20 minutes only. One thing I had to endure with Chuck, even if I love it, was that it lasts, on average, 40 minutes long. 20-minute shows (like The Big Bang Theory and How I Met Your Mother) are perfect for people with short-attention span like me.

4. It takes pop culture referencing to a higher (if not the highest) level. TBBT, HIMYM and Chuck only mentions pop culture references but Community lives it. Cougar Town, Doctor Who, Dungeons and Dragons, Pulp Fiction, My Dinner with Andre, Star Wars, Lost and so on. My favorite was when Abed thought everyone was stop-motion animated.

Abed finding out the meaning of Christmas in Lost

5. It has a strong cast of supporting characters, providing side stories to the study group's central/main story. The performances of Jim Rash (as Dean Pelton) and Ken Jeong (as Senor Chang) are laudable.

Black Ken Jeong is the funniest, creepiest thing I've seen on TV yet

6. John Oliver as Prof. Duncan. Just because I love British actors, no matter how sloppy their characters are.

Oh, how I wish the writers will try to pair him up with Britta.

CONS

1. I feel Shirley (played by Yvette Nicole Brown) is an unnecessary character. I initially felt Pierce (played by Chevy Chase) was unnecessary until I realized he's that character specifically written to be hated so that everyone else is loved. And since I loathe Pierce more than any clumsy/obnoxious protagonist in recent American sitcom/TV show history, I guess the writing and acting are good. But no matter how I look at it, I still consider the Shirley character dead weight. Yes, she does provide alternative POVs (as a mother, as a black woman, as a religious) but all of these can be provided by the other, more substantial characters.

2. I felt the Prof. Duncan character is not well-developed. But this observation might be clouded by the fact that I like his character, so we will consider this a half 'con' only.

3. I see the show going nowhere. Like any school-themed show, everyone will eventually graduate but with community college I have this feeling that the writers are not limited by this. The writers can make everyone stay at the community college longer than expected since, hey, no one's rushing to graduate anyway (maybe except for Jeff). Yes, there has been character development but the development is more backward-oriented rather than forward. Each detail added to a character's personality is a definition of who he/she is and not who he/she will be/wants to be. Yes, Abed wants to become a director but now what? Yes, from being a group of unwilling individuals brought together by Jeff's lust and their common cluelessness of Spanish, the group evolves/will evolve to a group of real friends...so?

I don't see a good end to this. Sometimes, the obvious pointlessness of an endeavor is enough to make me rethink of participating in it despite the promises and the good and fun things that may happen along the way. Yes, it's all about the journey but, for me, it's comforting to know everything/everyone will end up somewhere--wherever that end is.

4. Considering my effort and commitment to Community (three seasons in), I shouldn't be thinking twice about making Community the replacement for Chuck. But I am. And this, in itself, is something worth pondering on.


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You may want to read other QNBS reviews:

QNBS: New Girl
QNBS: Awkward
QNBS: Outsourced

New Season Hairstyles!

Don't fret, my dear regular reader (yes, I hope there's at least one regular reader out there haha), this will not turn into a fashion blog like my blockmate Janica's site.

While I brush up on Chuck episodes, I noticed one thing my two favorites shows Chuck and How I Met Your Mother have in common: the lead actresses' new cropped hairstyles.

Robin's in HIMYM Season 7:

and 

Sarah's in Chuck Season 5:

Both styles suit them perfectly. I guess Barney was right: New is always better.

QNBS: Awkward

As I get ready for Chuck's fifth and final season which has been moved to a mid-season opening by re-watching every episode starting Season 1, I also embark on my Quest for the Next Best Series. Many series have been recommended but today I will write about Awkward.

The plot: An awkward sophomore high school student has her hard candy shell broken by the campus jock on the same day she gets an anonymous hurtful letter telling her of the stuff she should do to make herself least unlikeable (Number 1: Stop being such a pussy). She's bummed out and blogs about it. She, then, figures in a bathroom accident which everyone mistook as a suicide attempt.

Since I'm watching (or at least, deciding if will follow) the show a season late, I had the liberty and luxury of choosing to fast-forward to the next three or four episodes. But I had the full season (12 episodes) with me, I went crazy and skipped to the last, back-to-back episode. For the fun of it, I skipped-watched it to see where everything will lead to.


PROS:

1. It reminds me a lot of good things I've watched before. For one, Ashley Rickards' (who plays the lead role, Jenna) acting reminds me of Ellen Page in Juno...and in just about everything she's been in. And I like Ellen Page. She also reminds me of Emma Stone in...well, in just about anything she's been in. And I like Emma Stone, too.

Barney to Jenna: "Jenna, up top!"

2. It has a music guide! It flashes the title and artist of the song that is currently playing in the background. The music list is also available on the network's website. It saves us the hassle of Google-ing right after we hear a song we like in the background. For all its good music, How I Met Your Mother should make life easier for me and just have a music guide like this.

3. The ending is just...wow. You have to watch it to be amazed by its surprise factor. On second thought, I may have been too surprised by it because I skipped 9 episodes.

4. With lines like, "Her parents' are starting to think she's not Chinese!" who would not love that show? The Chinese, maybe.


CONS:


1. Rickards is too stunningly pretty to be cast as an awkward sophomore. I find it preposterous that her prettiness seemed to escape almost every person around her. Like with Lindsay Lohan in Mean Girls.

Ashley Rickards was too pretty to be awkward.

2. J-Town. Really?! This show should have the same douchebag jar as they have in New Girl.

3. Plot is too predictable...until the last moment in the ending.

4. I found Rickards' annoyingly too red lipstick by Episode 11 and 12 too distracting. Her make-up (or lack of it) in the first episode was better (Disclaimer: I am not an 'expert' on make-up so my judgment in this aspect should not be trusted.)

5. I realized that when you're in post-graduate studies you aren't as amused with teen-related films or TV shows as you were when you're in high school. What appeals to me now are shows about people with jobs. Just about any show, except Glee amd maybe Awkward, I watch now has featuries yuppies or the working class, in general.


Well, for a series produced by a 'music' network, what can one expect? I'm not undermining (maybe a little) the capacity of MTV to make great shows because I have yet to watch Jersey Shore or any TV series produced by MTV. But, for a TV network known for bringing great music and legitimizing veejay-ing as one of the coolest jobs ever, Awkward was a good enough effort.




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You may want to read other QNBS reviews:

QNBS: Outsourced
QNBS: New Girl