Sunday, February 26, 2012

Article 9 Acoustic


"People don't appreciate the substance of things. Objects in space."
 Jubal Early, Objects In Space

Yes, Firefly.  Get over it.

The Uniform Commercial Code was drafted (or as some would say "promulgated") by a group of philosopher kings full of good intentions.  Designed to standardize commercial transactions and promote interstate commerce, it was adopted more or less uniformly and now governs a great deal of what is flown, trucked, freight trained and barged around the country.  Article 2, which applies to all sales of goods over $500.00 between merchants is engrained into domestic commerce (yes, it still exists.)
Article 3 deals with commercial paper; Article 4, banks.  I have no fucking clue after 22 years practicing law what Articles 5 - 8 do.  Never hear about them, though I am confident there are a number of lawyers who specialize in nothing but who would be wryly amused at the dense non-specialist.

Article 9 deals with security interests in personal property.  Because security interests are always held by the strong over the weak, the philosopher king drafters left a fair amount of to be developed by the courts.  They recognized, to their credit, that too much specificity encourages mischief; it encourages form over substance.  In the Comments sections the drafters write words to explain what the words mean.  The Comments are not binding, but they are instructive and if you can find a good comment quote, it helps - often quite a lot.  Been getting quite a bit of mileage out of the comments to certain Article 9 provisions lately.

On the second day of three spent arguing motions in limine, we came to a doozy, Defendants sought to "prohibit the Plaintiff from discussing Article 9 in front of the jury."  This in nonsensical on a number of levels.  First, motions in limine go to evidence: facts, stuff people said, heard, smelled, tasted, etc.  No one witnessed Article 9 in this case, it is simply the applicable law as the judge has been reminding defense counsel, often.  Which leads the the second nonsensical level, even if it were evidence we will have enough difficulty keeping the jury awake in this case without waxing poetic about Article 9.  So we won't be spending a lot of time on it, except for in jury instructions.  There is no prejudice, you cannot be that stupid.

After spending three days dealing with Article 9 searching for some different dialogue.  Leo Kottke's brain was a good start.  Leo is an odd brilliant guy and it was with only a little displeasure that I had to blow off yoga to drive him briefly before listening to 90 minutes of acoustic mastery at Yoshi's.  That blew the philosopher kings out of the head for a brief bit before they would again become all consuming the following week.  Leo was a warmup to Warren Hellman's memorial, which B and I did not go to due to unfounded weather concerns, but did listen to, and have since, thanks to the stream which is still up at http://www.warrenhellman.org/warren/stream.shtml.  Enjoy.  The Weight at the end is especially joyful.  Boz doing Corinna, Corinna to open at 3:58:30 is wonderful; heard Leo do it last year.

The sweat rundown:      

Tuesday
Late and getting later. Nada.

Wednesday
Another long in limine day. Leave at 3:30 break in office until 6:30, go to gym, do not skip.
16 KG 100 swing warm up.

3+3 28kg short cycle mp to 2 32kg; doubles on right, singles left.
8 twin 24 front squats
Rows, 5+5 32 to 5+5 28
swings, descending 32,28,24 10 each
x5
Weakest pressing in a long time; don't beat yourself up, been busy.

Thursday
Get to yoga, no shorts. Fuck.
Another rest day, so it's three instead of four yoga classes and three kb workouts this week assuming I get to yoga tomorrow and kbells Saturday. That's enough.

Friday
Really really good productive day and looking forward to Pradeep and then Leo Kottke with SS.
Come in, subs. Shit. Text comes in, Kottke needs a ride, ok we'll do that. Have time for brief warmup then to complex from hell:
Double 16's, straight through:
10 swings
10 snatches
10 squats
10 clean & press
10 pushups
10 rows
Uh huh. Wait five minutes and try for seconds; lose it on presses second time through.

Leo is warm, engaging good show. He plays Disco and tells heartwarming stories and his tone is about eight feet deep. Have fun with S who is her usual witty uber-smart self.

Saturday
Teenagers with needs day. Undercurrent is Article 9 and defective loans and strict foreclosure. Rolling depo questions non-specifically through head which is generally pretty good place to be a few days prior. Reports on social media point to a cold windy day for Warren's tribute tomorrow. Ugh, Barry does look good for that.
By 4:00 everyone is gone, clean up kitchen. Plan for dinner w/5. Crash on bed with dog.
Wake up bleary at 6. By 6:45, time to do it:
60 16kg single arm swing warm-up
1-5 to 1-5 single arm 24kg press ladders
10+10 24kg snatches
10 24kg goblet squats
5+5 32kg rows
5-1 - 5-1 single are swing ladders
X5
That's 150 presses, Uh huh.

Sunday, nope just a nice afternoon with 5 watching hawks and dogs.

Monday
Do not know who is up, get into gym.  One more round of  the hell complex:
Double 16's, straight through:
10 swings
10 snatches
10 squats
10 clean & press
10 pushups
10 rows

Then into Pradeep for the hour that goes to 80 minutes.  Probably the toughest yoga class ever; just pounded.

Tuesday
In early for bu fuckaround, sticking 24's.  Dialed in, a single failed attempt, nothing matters but eye position and hip snap.

Come back later
60 swing warm up

20 28kg swings to 1 TGU to some sort of pull (pull-ups, lat pulldowns, or inverted rows) x 10.  Uh huh.

Wednesday.  Nothing but work, depositions until 7:00 pm.

Thursday.  Nothing but work, 402 Hearing and Settlement conference, Hah !  Get back to office by 4:00 and start to make it up to those who've you neglected.

Friday.
Depos, convinced that will be three days off in a row which have not done for years.  Feel ok about it, you're old and cortisol kills.  Start expert depo of CFO of defendant.  Made no sense for him to be designated and we agree after twenty minutes.  Spend an equal amount of time off the record discussing Leo Kottke and Warren's memorial and our dogs.  We like each other, drinks when this is over.
Get out early enough for ecstatic lab to get in a good marsh walk.  No, this will not be a three day rest.  Invigorated after walk, VO2 Max:
15/15 x 70, 7 rep pace, 16kg.

Saturday
Ballet day.  Take kids into sf early.  Ian wandering about, convince him he should check out Rhona Bennett who is sweet and beautiful and her band is a cast of characters.  Drop Brigid off for Bday party, more work.  Gym late late late, quick circuit:
80 single arm alternating warm up.
5+5 28kg mp
8 double 24 front squats
10+10 28kg rows
1-8 step up ladder, twin 8's in rack.  Stole this off a tweet from @gymjones.  Beautiful in its simple brutality.
20 28kg swings
x3.  Short but good volume and presses quite good.
Decent ballet, pick up Ian who is gushing over Rhona, collect Brigid and head home thirty miles away.

Sunday 2/26.  All work, sad lab at feet.  Streaming Gillian and Dave.  Boz opening with Corinna, Corinna.  Damn beautiful things.  God bless Warren Hellman.

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