+New York Trip+

Thanks dear Strawberry Chocolate. You have left me for about 3 months already. At first I am not used to my life at school without your voice around, without your laughter at my ears, without your hands holding me. But at last, I need to accept the truth. After you left, everything changed, no one can I really talk to like you.

But at last! We met during THANKSGIVING! Thanks for organizing such a wonderful trip! (I always know you are good at planning, but this is a little bit TOO good!)

At first, we went to her house and ate some wonderful dishes, we chit chatted, and played wii. The next morning we went for a local NY tour. We visited the Empire King Kong Building, Walkers Building, statue of Liberty (a boat trip), Believe it or not, wax museum, restaurants, Apple Times Square, Wall Street. The next day we went shopping in OUTLET. Although the walking for almost 10 hours (from midnight till morning) almost kill me, and I swear I will never do that again! But, I did managed to spend $500 dollars. (Opps!) Then we also went to SOHO and do some window shopping, also went to the M&M company, and the Macy's Parade.

Strawberry Chocolate's family members are very sweet indeed. They brought us to a Korean restaurant (yummy), and a Japanese buffet, and a CHA CHAN TANG. (and Strawberry Chocolate complained she gained weight! She should know why!)

Well, that's almost it about the 5 day trip. Short, but wonderful!

REMARKS: The spring break of the same school year, I was in Michigan already. Spent at Vancouver again with my cousin. Though not a very exciting place, but really relaxing. I finally got to see their new house! And I had a chance to eat a lot of food homemade (chicken, fish, veges, fruits, yogurt, oatmeal, cake, cookie, ice cream,soup, pork..a lot! And guess what, I baked cake and cookie myself. And, I played wii boxing and tennis with Alan, continuous muscle pain for 3 days seriously! Well, then the boring part, listening to music, watching TVB stuff, and studying Bible..

Another Rublish Business Law Paper :)

Tort Law: “A Civil Action”

The best seller “A Civil Action”, by Jonathan Harr in 1995, tells the complex story of a civil case in Woburn, Massachusetts. It is about a “true story of a battle between a bold but flawed plaintiffs' lawyer named Jan Schlichtmann and two big corporations over whether they polluted the drinking water of Woburn, Massachusetts.” ("Best-Seller Account of a Lawsuit Spurs Law School Change"). The lawyers and families sacrifice their lives and everything to fight for this case in hopes of proving that two companies caused the pollution. In 1998, the movie “A Civil Action” starring John Travolta as Jan Schlichtmann was out. The Woburn case was widely known because of the widespread of Mr. Harr's book and the movie. This case is also of great significance in the business world as well as the legal environment as the events of the Woburn case touch on many problems in the tort law system, and it also shows the importance of business ethics.
According to the book “A Civil Action” by Jonathan Harr, the case in Woburn, Massachusetts began with one woman's suspicion. Anne Anderson discovered her son, Jimmy, had leukemia in the summer of 1966. During the time Jimmy was being treated for leukemia, Anderson began to talk to people in her neighborhood. She soon heard of two other cases of childhood leukemia only a street away from her. Anderson began talking with one of the mothers, Joan Zona, whose son also has leukemia and the two women became friends. They discussed the incidences of leukemia in their neighborhood and both agreed that it was a strange coincidence. Anderson discovered several other cases of leukemia and began to analyze why this was happening. Anderson started worrying and suspecting about the water in Woburn, which had not tasted good since two wells were drilled and began pumping water into eastern Woburn in 1965. There are lots of complaints in the city of Woburn regarding the quality of the water and the rusting of pipes, thus causing wells to be shut down several times. However, the wells were in use again for the demand of water in Woburn. Anne expressed her worries to her family doctor, her church minister, and her husband. Anne's husband and doctor listened to her suspicions, but did not believe they had any validity.
The situation began to worsen in 1979, when an inspector tested the water and reported the results to the environmental department in Woburn. The department ordered the wells to be shut down immediately. On September 10, 1979 the headlines came out revealing the discovery of arsenic in a lagoon in north Woburn. By this date, there were eight known cases of leukemia in Woburn, most being acute lymphocytic leukemia. Once four more cases were discovered, some of the Woburn families decided to seek legal action. Jan Schlichtmann took on the Woburn case, which included the Zona's, the Kane's, the Robbins', the Anderson's, and the Toomey's as plaintiffs.
Schlichtmann was a young, enthusiastic lawyer who had only recently begun practicing. When he was given the Woburn case, he did not begin working on it right away because his partner, Conway, among others was trying to convince him not to take the case. The Woburn case was referred to as "a black hole" because it appeared to be a very complicated case to win, but Schlichtmann decided to take it anyway. He met the families, and then began to investigate W. R. Grace's land and Beatrice's land for contaminants.
Trichloroethylene, or TCE, was found on the land, and the case was set into motion. W. R. Grace's was represented by Cheeseman, and Beatrice was represented by Jerome Facher. Schlichtmann discovered barrels of chemicals on Beatrice's land, and reports of trucks hauling away barrels were revealed. Schlichtmann then began the process of discovery, which is the questioning of witnesses, family members, and employees at W. R. Grace and Beatrice. The family depositions were heartbreaking and touching regarding their children’s sicknesses and/or death. One of W. R. Grace’s employees revealed the dumping he had seen at W. R. Grace and named the people who did it. To collect more evidence against the two corporations, Schlichtmann began searching for experts to research for every aspect of the case, and spent a tremendous amount of money paying them. Due to this reason, Schlichtmann’s company is in great debt. Experts examined the land, the medical histories of the Woburn families, and the idea that TCE can cause leukemia. There are two things that need to be proved in order to win the case and form legal liability towards the two companies: the companies did contaminate the water with chemicals and the chemicals in the water did cause the sickness of the children.
Schlichtmann’s plan for the trial could not be carried out the way he hoped it would because Judge Skinner would not allow him to bring any of the family members on trial to testify. When the long trial finally ended, the jury found Beatrice not guilty and W. R. Grace guilty of contaminating the water with trichloroethylene. Because W. R. Grace was not found guilty on all counts, the case had to continue later. Schlichtmann was devastated by the decision and his firm was deeply in debt because of the discovery process. To prove tort is expensive, and to make things even worse, the Woburn case is a conditional case where the lawyers will only be paid if they win the case. Feeling desperate, Schlichtmann decided to try to reach a settlement with Eustis, vice president of W. R. Grace. Conway and Schlichtmann devised a complicated settlement decision that amounted to twenty-five million dollars. The proposal was turned down and they were offered only six point six million dollars from W. R. Grace. Schlichtmann would not accept this offer despite his partners' advice.
The trial continued in September, but it did not last long. Judge Skinner closed the case before any decision could be made and W. R. Grace settled with Schlichtmann for eight million dollars. Some of the Woburn families were content with this settlement, but others felt that a settlement was not what they were looking for. What they truly want was someone taking up the responsibilities for their children’s death, and to clean the water up. Schlichtmann felt hopeless and decided that he would never practice law again after devoting nine years to the Woburn case. In the conclusion of the book, Schlichtmann left for Hawaii to get away from his problems, and at the same time write to complain to the US government. Eventually, the Environmental Protection Agency took on the case and settled with Beatrice and W. R. Grace for sixty nine point four million dollars, which was the estimated cost of the cleanup of their contaminated land.
Harr's “A Civil Action” tells the story of one particular case, and by doing so, he shows the reader every step behind the process of a civil trial of tort cases; from deposition to trial. Harr describes the judicial proceedings of the Woburn trial in exquisite detail. Specific legal terms are also given in the book, and the Woburn case acts as a clear example to show what exactly the terms mean. In the following paragraphs, a more legal perspective will be used to analyze how the Woburn case is deeply related to tort law and business ethics.
According to “Business Law Today”, torts are civil wrongs not arising from a breach of contract, but “a breach of a legal duty that proximately causes harm or injury to another” (Miller, Roger L). The purpose of tort law is to provide remedies for the invasion of various protected interests. There are two types of torts: intentional and unintentional. Unintentional torts are often referred to as negligence where someone suffers injury because of another’s failure to live up to a required standard of duty of care a reasonable person would exercise in a similar circumstance. For an unintentional tort to occur there must be four elements: duty, breach, causation, and damage. The Woburn case is a perfect example of an unintentional tort in a way that it contains the four elements, the duty of the companies to surrounding environment and people, the breach of this duty by dumping chemicals into the river, the causation of leukemia of children in the neighborhood due to chemicals being dumped in the water, and the damages which is death of children.
Causation is the most difficult thing to prove in the Woburn case. Causation points out that “if a person fails in a duty of care and someone suffers injury, the wrongful activity must have caused the harm for a tort to have been committed” (Miller, Roger L). There are the consideration of causation in fact and proximate cause when regarding causation. Causation in fact is in a broader sense referring to an act or omission without which an event would not have occurred. The proximate cause, also refers to legal cause, exists when the connection between an act and an injury is strong enough to justify imposing liability. In another words, it is more difficult to stand. The main point of the case as pointed out by the judge is to prove the water is contaminated by W. R. Grace and Beatrice, and then prove the chemicals really caused leukemia. Proving these two facts will cause the proximate cause to stand, and in other words, charge the two companies guilty.
Damages refer to “money sought as a remedy for a breach of contract or a tortuous act” (Miller, Roger L). For torts, there are two types of damages to be focused on: compensatory damages and punitive damages. Compensatory damages are “money awards equivalent to the actual value of injuries or damages sustained by the aggrieved party (plaintiff)” (Miller, Roger L). Punitive damages are “money awards to a plaintiff to punish the defendant and deter future similar conduct” (Miller, Roger L). In the Woburn case, the eight million dollars from W. R. Grace was treated as punitive damages towards the Woburn families, as the amount is not equivalent to their children’s life but just for the sake of punishing the company.
Business ethics is also put into place in the Woburn case. Corporations have basic duties to the general population, for example customers, employees and the surrounding environment. It is unethical, and in some cases illegal, to breach these duties for gaining more profits in business. “Growing public awareness and concern for controlling water pollution led to enactment of the Federal Water Pollution Control Act Amendments of 1972. As amended in 1977, this law became commonly known as the Clean Water Act.” ("Clean Water Act History"). The purpose of the Clean Water Act is to establish a structured regulation for discharging pollutants into the waters of the United States. Pollution control programs such as setting wastewater standards for industry was implemented. The Clean Water Act also set water quality standards for all contaminants in surface waters. The Act made it unlawful to discharge any pollutant from a point source into navigable waters, for example, rivers. In the Woburn case, it is clear that the two companies were irresponsible, unethical, and illegal. Not only they do not care and endangered the lives of the people around, they also broke the Clean Water Act.
Although “A Civil Action” is a true story, it also serves as a legal learning tool for many. The book was described as “a movement to modernize the training of lawyers in America. Across the country, “A Civil Action” is required reading in courses in at least 50 law schools, including those at Harvard, Yale, Columbia, Georgetown and here at American, where it is read in some civil procedures classes, a core course all aspiring lawyers take.” ("Best-Seller Account of a Lawsuit Spurs Law School Change"). This illustrates how a case of significance can eventually impact the world, especially when you put it in words. No matter how flawed the case is, how wrong the decision is, how expensive the procedure is, the process and the result of the case is always a good lesson to others.

Works Cited and Annotated Bibliography

"Best-Seller Account Of a Lawsuit Spurs Law School Change" The New York
Times. 10 November, 2007
51C1A96E958260&sec=&spon=&pagewanted=print >
The website covers generally on what is the book “A Civil Action” by Jonathan Harr about and the significance the book is to the legal world. “A Civil Action” is not only a story but it serves as a legal learning tool for many. In the website, it points out that many law schools used “A Civil Action” as a text book in the syllabus. The advantage of the Internet is that it is efficient and easy to look for information. However, the degree of accuracy is dubious.
"Clean Water Act History" U.S. Environmental Protection Agency
19 November, 2007 < http://www.epa.gov/region5/water/cwa.htm >
The website provides comprehensive information on the Clean Water Act, including the history and different amendments. The purpose of the Clean Water Act is to establish a structured regulation for discharging pollutants into the waters of the United States. The information is well organized and thorough and I found it very useful. One disadvantage is the degree of accuracy.

Harr, Johnattan. A Civil Action. Random House,Inc., New York. 1-492.
“A Civil Action” is a real life legal thriller about a civil case in Woburn, Massachusett. It is a true story of a battle between a bold but flawed plaintiffs' lawyer named Jan Schlichtmann and two big corporations over whether they polluted the drinking water of Woburn. It describes the case in a very detailed way from the process of discovery to disposition, and to trial. It is a very useful and reliable source of information.

Miller, Roger L. Jentz, Gaylord A. Business Law Today The Essentials (Seventh Edition) Thomson South-Western. 1-778.
This book thoroughly covered the information about civil trials and tort laws. It has clear definitions on what are intentional and unintentional torts. It also gives clear examples of each. With the help of the book, I am able to analyze the Woburn case in a more professional and legal perspective. The information is of great use, and it gives me more information and ideas on tort, and the procedures to prove it. The information is also more accurate compared to websites.

If calculus is taught this way...

The Beauty of Math!

1 x 8 + 1 = 9
12 x 8 + 2 = 98
123 x 8 + 3 = 987
1234 x 8 + 4 = 9876
12345 x 8 + 5 = 98765
123456 x 8 + 6 = 987654
1234567 x 8 + 7 = 9876543
12345678 x 8 + 8 = 98765432
123456789 x 8 + 9 = 987654321

1 x 9 + 2 = 11
12 x 9 + 3 = 111
123 x 9 + 4 = 1111
1234 x 9 + 5 = 11111
12345 x 9 + 6 = 111111
123456 x 9 + 7 = 1111111
1234567 x 9 + 8 = 11111111
12345678 x 9 + 9 = 111111111
123456789 x 9 +10= 1111111111

9 x 9 + 7 = 88
98 x 9 + 6 = 888
987 x 9 + 5 = 8888
9876 x 9 + 4 = 88888
98765 x 9 + 3 = 888888
987654 x 9 + 2 = 8888888
9876543 x 9 + 1 = 88888888
98765432 x 9 + 0 = 888888888

Brilliant, isn't it?

And look at this symmetry:

1 x 1 = 1
11 x 11 = 121
111 x 111 = 12321
1111 x 1111 ! = 12 343 21
11111 x 11111 = 123454321
111111 x 111111 = 12345654321
1111111 x 1111111 = 1234567654321
11111111 x 11111111 = 123456787654321
111111111 x 111111111=12345678987654321

Now, take a look at this...

101%

From a strictly mathematical viewpoint:

What Equals 100%? What does it mean to give MORE than 100%?

Ever wonder about those people who say they are giving more than 100%?

We have all been in situations where someone wants you to GIVE OVER 100%.

How about ACHIEVING 101%?

What equals 100% in life?

Here's a little mathematical formula that might help answer these
questions:

If:

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Is represented as:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26.

If:

H-A-R-D-W-O-R- K

8+1+18+4+23+15+18+11 = 98%

And:

K-N-O-W-L-E-D-G-E

11+14+15+23+12+5+4+7+5 = 96%

But:

A-T-T-I-T-U-D-E

1+20+20+9+20+21+4+5 = 100%

THEN, look how far the love of God will take you:



L-O-V-E-O-F-G-O-D

12+15+22+5+15+6+7+15+4 = 101%

Therefore, one can conclude with mathematical certainty that:

While Hard Work and Knowledge wi ll get you close, and Attitude will
get you there, It's the Love of God that will put you over the top!

It's up to you if you share this with your friends & loved ones just the way I did.

Have a nice day & God bless

To be or Not to be? My arrogance or Reality?

I used to think that they are stupid. It seems to me now that it is the arrogance in me that cover my eyes. They are not stupid. They are just different. They learn through chatting and interacting with other people. They learn by expressing their ideas. I heard them talking about a paper on American Government. It is stunning to me that she talks about a thesis statement, and how to support it be statistical analysis. She said it is what most politicians did, comparing statistics. She brought up an interesting idea that a thesis statement can even be wrong, if you explain it. They are so passionate about their countries and everything about them. Different from us, they learn all kinds of different things in their countries and specialize in one area eventually. We, learn all different things out of our country, from Japan, US, England, Korea. I don't even know who is the government or what is the history of our country. You may think we are more international. But the case is we learn everything on the surface. All kinds of knowledge but nothing deep. As a result, if you are asked to talk about a topic you know the best, you cannot pick one. Because there are many topics that you can talk about for 1 minutes, but there is not even one topic that you can talk for longer. They don't even have passion for their country, but they have passion for themselves, for their beliefs, their knowledge, their strengths. When asked to talk about what they like, they will talk about it full of energy. They seems to know exactly what they want in life for themselves. They have plans for their own, though not as ambitious, but very clear. I wonder why they can be so sure, so clear. Are they not worry about making the wrong choice?
At night, I played a simulated game of life. And I realize that everyone has a chance to feel discriminated and privileged. Unlike me, when they are discriminated, they feel pissed, mad. I have these feelings too, but I will also think of what did I do wrong, or what difference do I have from them. They are different. They will think that they did nothing to deserve this treatment immediately. Because of their trust in self. It is always nice to be treated well, but you don't deserve it either. In retrospect, I blame them for not talking to me, treating me differently. I guess I am not considerate enough. They are aware of the problem, and are trying their best to improve. However, it is always difficult because of the barrier of language and culture. When they ignore you, it is probably because you are quite and wanted to be ignored. I decided that I should change my attitude and open my heart. Don't mind what people think of you, as long as you do your best, nothing will go wrong.

Laying back*

I am totally not in the mood of working. Strange huh? Not like my usual self. I cannot figure out a reason for that. And I cannot think of a better way to make myself happier apart from writing, especially when there is so much going on in my brain. I watched a Japanese Cartoon on youtube today. I really am addicted to it. Well, but Japanese Cartoon is nothing stupid or idiotic, they always are eloquent and have messages behind to spread. The one I am watching today is especially touching for me, as it teaches me how to live my remaining life, how to face my problems. It remains me of my prayer yesterday night, a prayer for a guideline, a prayer for knowledge, a prayer for light. Being accepted to University of Michigan isn't the most exciting thing in the world after all, at least not the way I thought I would be. I am still facing a lot of uncertainties. Whether to apply Business School or not, whether to major in Marketing or not. Whether to study in LSA or not. Whether to study what I like or not..when I don't even know what I like. I am stressed that I might need to get used to a new environment again. Scared of being alone, being challenged, being a disappointment. I don't know what I am scared of. Maybe, scared of the coming future. In my life, I planned all the steps I took carefully. Thinking of all the pros and cons. But maybe after all, it is all the planning and goal setting which caused me to lost myself, lost my way. I need time to think about what am I doing in my life. What do I want. All the planning are not necessary when it is too far away. Life should be keep in a more uncertain way, isn't it? Getting a bachelor degree? a master degree? major in business? in economics? Is that what I want, or what I think I want. Anyway, at this point, I still cannot figure these. So, what I learned is to believe in myself. It doesn't matter if you plan something wrong, or do something you don't know if you like. It doesn't matter that you don't believe in God or Devil. The most important thing is that you believe in yourself, love yourself. Believe in your talents and abilities. Do what your heart tells you to. Then, all the things you do will end up make you happy no matter what. It is a hard thing to do though. I am not a very confident person as shown. I am quite easily persuaded, and like to listen to people's advice or even comments on me. But I need to learn to take it easy. Others doesn't matter. Now that I am not young, I should know that there are no objective right and wrong. Just like and dislike. People are made up of good and bad sides. But if you believe in yourself and listen to the voice within you, I believe there is something resemble conscience. No matter what others think of what you do, you will like what you do as you believe in it.
Life is so contradicting sometimes, that it is hard to listen to others and decide what to do. I was told that we need to enjoy the process and don't count on the results. The reality is end up the opposite. I am told not to lie. But I end up found out that it is a vital element in life. I have learned to trust, when I found out that people cannot be fully trusted. I learned that love cannot be bought by money, but people end up focusing on money more. I am told to learn a lot of different things, but suddenly you need to specialize to find a living. All things in the world is made up of both sides. And I think it is brilliant for the guy that came up with the Golden Mean, as everything will come up fine if you find the mean for it. When I say everything, I mean EVERYTHING. I maybe doing a good job at some aspects, but I am certainly failing on the achieving part. Now I need to start learning to let go, to relax, to careless. To appreciate the things I already had, to live my life NOW. Not in the future. I am lucky to have someone to talk to. And thanks for letting me understand that it is me who matters. Sand is lead by wind to get to its destination. It can never knew its destination beforehand. It is the rule of nature. Similarly, let my destiny be my wind. And lead me to whatever opportunities I can get. What the opportunities come, all I have to do is try to grab it. And I want to be the wind of someone as well, to help out, to give opportunities. I want to at least affect 1 person in the world. No matter what I am doing in the future, I am sure that this will be one thing I wanted.
I really want to understand myself more. I am wondering will there be a person who understands me in the future. Who will not think I am studying because I like to. Who will not believe I am strong and independent. Who can protect me, and cheer me up, merely by smiling to me. Who will like me just as I am. I know that the feeling of depression would not last long, and that although I still cannot understand myself well, I can still lead a beautiful and meaningful life. I need to learn to stand on my feet strongly and courageously. The challenge will be over before I knew it. And I will just smile as I remember today.

My Video Collection +o+o+o+o+

Life is not measured by the number of breaths we take, but by the moments that take our breaths away.

Isn't it amazing that George Carlin - comedian of the 70's and 80's - could write something so very eloquent...and so very appropriate?

The paradox of our time in history is that we have taller buildings but shorter tempers, wider Freeways, but narrower viewpoints. We spend more, but have less, we buy more, but enjoy less. We have bigger houses and smaller families, more conveniences, but less time. We have more degrees but less sense, more knowledge, but less judgment, more experts, yet more problems, more medicine, but less wellness.

We drink too much, smoke too much, spend too recklessly, laugh too little, drive too fast, get too angry, stay up too late, get up too tired, read too little, watch TV too much, and pray too seldom.

We have multiplied our possessions, but reduced our values. We talk too much, love too seldom, and hate too often.

We've learned how to make a living, but not a life. We've added years to life not life to years. We've been all the way to the moon and back, but have trouble crossing the street to meet a new neighbor. We conquered outer space but not inner space. We've done larger things, but not better things.

We've cleaned up the air, but polluted the soul. We've conquered the atom, but not our prejudice. We write more, but learn less. We plan more, but accomplish less. We've learned to rush, but not to wait. We build more computers to hold more information, to produce more copies than ever, but we communicate less and less.

These are the times of fast foods and slow digestion, big men and small character, steep profits and shallow relationships. These are the days of two incomes but more divorce, fancier houses, but broken homes. These are days of quick trips, disposable diapers, throwaway morality, one night stands, overweight bodies, and pills that do everything from cheer, to quiet, to kill. It is a time when there is much in the showroom window and nothing in the stockroom. A time when technology can bring this letter to you, and a time when you can choose either to share this insight, or to just hit delete...

Remember; spend some time with your loved ones, because they are not going to be around forever.

Remember, say a kind word to someone who looks up to you in awe, because that little person soon will grow up and leave your side.

Remember, to give a warm hug to the one next to you, because that is the only treasure you can give with your heart and it doesn't cost a cent.

Remember, to say, 'I love you' to your partner and your loved ones, but most of all mean it. A kiss and an embrace will mend hurt when it comes from deep inside of you.

Remember to hold hands and cherish the moment for someday that person will not be there again.

Give time to love, give time to speak! And give time to share the precious thoughts in your mind.

AND ALWAYS REMEMBER:

Life is not measured by the number of breaths we take, but by the moments that take our breaths away.
***********************************************************************************
Life is not measured by the number of breaths we take, but by the moments that take our breaths away.
So beautifully written=)