Friday, October 7, 2011
From Birth to three month...
Just before Isaac was born, I looked like this.
On the day of Isaac's birth, I was exhausted and tired. Isaac was born that evening.
Isaac one month later.
Isaac at two month.
Isaac at three month, and teething...
My stuffed potato 6 month old baby
Isaac is quite the chuncky monkey. He received a nickname from a friend: papita rellena.
It seems unreal that only 6 month ago, I gave birth to the cutest baby boy! Where'd all this time go? Since giving birth, we moved, had a baptism, and put our condo for sale. Wow! Now Isaac isn't so itty bitty. He likes to try food and babbles all day long. And mommy is back to her weight again! Yay!
Not to mention, Isaac got to expeirnce the Hot Springs in Idaho Springs this past weekend. He loves the water and the warmth of the hot spring was really soothing. So much so that... it tired him out. Isaac was out cold.
But it was a fun weekend.
Tuesday, September 6, 2011
City of Commerce City v. State, 40 P.3d 1273
PRIOR HISTORY: [**1] Certiorari to the Colorado Court of Appeals Pursuant to C.A.R. 50, 01CA144. District Court, City and County of Denver. Case No. 98CV1098. Honorable Paul A. Markson, Jr., Judge.
DISPOSITION: Affirmed.
CASE SUMMARYPROCEDURAL POSTURE: Petitioners home-rule municipalities challenged whether certain provisions of Colo. Rev. Stat. §§ 42-4-110.5 and 42-3-112(14) (2001) regulating the use of automated vehicle identification systems (AVIS), popularly known as photo radar and photo red light, unconstitutionally infringed on their powers under Colo. Const. art. XX, §6. The trial court upheld the constitutionality of the provisions. The municipalities appealed by writ of certiorari.
OVERVIEW: Affirming the trial court, the supreme court held that the regulation of AVIS to enforce traffic laws was a matter of mixed local and state concern, and it held that the challenged provisions of §§ 42-4-110.5 and 42-3-112(14) were not superseded by the cities' local ordinances or charters. The constitutionality of the challenged provisions were upheld. Without uniform state legislation, drivers might have been subject to a significant variety of conflicting local legislation, further increasing the potential for confusion and substantially affecting their expectations. Important to the supreme court's uniformity analysis was the fact that cities wishing to ticket traffic violators using automated systems must access those drivers' names and addresses through the state motor vehicle registration office. Thus, a certain level of cooperation between a city and the state was necessary to make the system work. The need for cooperation between cities and the state was an important factor in the supreme court's analysis. Thus, the regulation of automated vehicle identification systems affected the residents of the state as a whole, as opposed to simply affecting local residents.
OUTCOME: The judgment of the trial court was affirmed.
DISPOSITION: Affirmed.
CASE SUMMARYPROCEDURAL POSTURE: Petitioners home-rule municipalities challenged whether certain provisions of Colo. Rev. Stat. §§ 42-4-110.5 and 42-3-112(14) (2001) regulating the use of automated vehicle identification systems (AVIS), popularly known as photo radar and photo red light, unconstitutionally infringed on their powers under Colo. Const. art. XX, §6. The trial court upheld the constitutionality of the provisions. The municipalities appealed by writ of certiorari.
OVERVIEW: Affirming the trial court, the supreme court held that the regulation of AVIS to enforce traffic laws was a matter of mixed local and state concern, and it held that the challenged provisions of §§ 42-4-110.5 and 42-3-112(14) were not superseded by the cities' local ordinances or charters. The constitutionality of the challenged provisions were upheld. Without uniform state legislation, drivers might have been subject to a significant variety of conflicting local legislation, further increasing the potential for confusion and substantially affecting their expectations. Important to the supreme court's uniformity analysis was the fact that cities wishing to ticket traffic violators using automated systems must access those drivers' names and addresses through the state motor vehicle registration office. Thus, a certain level of cooperation between a city and the state was necessary to make the system work. The need for cooperation between cities and the state was an important factor in the supreme court's analysis. Thus, the regulation of automated vehicle identification systems affected the residents of the state as a whole, as opposed to simply affecting local residents.
OUTCOME: The judgment of the trial court was affirmed.
42-4-110.5. Automated vehicle identification systems
C.R.S. 42-4-110.5 (2011)
(1) The general assembly hereby finds and declares that the enforcement of traffic laws through the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary.
(1.5) Except for the authorization contained in subsection (1.7) of this section, nothing in this section shall apply to a violation detected by an automated vehicle identification device for driving twenty-five miles per hour or more in excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the maximum speed limit of seventy-five miles per hour detected by the use of an automated vehicle identification device.
(1.7) (a) Upon request from the department of transportation, the department of public safety shall utilize an automated vehicle identification system to detect speeding violations under part 11 of this article within a highway maintenance, repair, or construction zone designated pursuant to section 42-4-614 (1) (a), if the department of public safety complies with subsections (2) to (6) of this section. An automated vehicle identification system shall not be used under this subsection (1.7) unless maintenance, repair, or construction is occurring at the time the system is being used. The department of public safety may contract with a vendor to implement this subsection (1.7). If the department of public safety contracts with a vendor, the contract shall incorporate the processing elements specified by the department of public safety. The department of public safety may contract with the vendor to notify violators, collect and remit the penalties and surcharges to the state treasury less the vendor's expenses, reconcile payments against outstanding violations, implement collection efforts, and notify the department of public safety of unpaid violations for possible referral to the judicial system. No penalty assessment or summons and complaint or a penalty or surcharge for a violation detected by an automated vehicle identification system under this subsection (1.7) shall be forwarded to the department for processing.
(b) The department of transportation shall reimburse the department of public safety for the direct and indirect costs of complying with this subsection (1.7).
(2) A municipality may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the municipality, or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following conditions and limitations:
(a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002.)
(II) If the state, a county, a city and county, or a municipality detects any alleged violation of a municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county, or municipality shall serve the penalty assessment notice or summons and complaint for the alleged violation on the defendant no later than ninety days after the alleged violation occurred. If a penalty assessment notice or summons and complaint for a violation detected using an automated vehicle identification system is personally served, the state, a county, a city and county, or a municipality may only charge the actual costs of service of process that shall be no more than the amount usually charged for civil service of process.
(b) Notwithstanding any other provision of the statutes to the contrary, the state, a county, a city and county, or a municipality may not report to the department any conviction or entry of judgment against a defendant for violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system.
(c) The state, a county, a city and county, or a municipality may not report to the department any outstanding judgment or warrant for purposes of section 42-2-107 (5) or 42-2-118 (3) based upon any violation or alleged violation of a municipal traffic regulation or traffic violation under state law detected through the use of an automated vehicle identification system.
(d) (I) The state, a county, a city and county, or a municipality may not use an automated vehicle identification system to detect a violation of part 11 of this article or a local speed ordinance unless there is posted an appropriate temporary sign in a conspicuous place not fewer than three hundred feet before the area in which the automated vehicle identification device is to be used notifying the public that an automated vehicle identification device is in use immediately ahead. The requirement of this subparagraph (I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a permanent sign in an area in which an automated vehicle identification device is to be used, but this subparagraph (I) shall not be deemed a prohibition against the posting of such permanent signs.
(II) Except as provided in subparagraph (I) of this paragraph (d), an automated vehicle identification system designed to detect disobedience to a traffic control signal or another violation of this article or a local traffic ordinance shall not be used unless the state, county, city and county, or municipality using such system conspicuously posts a sign notifying the public that an automated vehicle identification device is in use immediately ahead. The sign shall:
(A) Be placed in a conspicuous place not fewer than two hundred feet nor more than five hundred feet before the automated vehicle identification system; and
(B) Use lettering that is at least four inches high for upper case letters and two and nine-tenths inches high for lower case letters.
(e) The state, a county, a city and county, or a municipality may not require a registered owner of a vehicle to disclose the identity of a driver of the vehicle who is detected through the use of an automated vehicle identification system. However, the registered owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation.
(f) The state, a county, a city and county, or a municipality shall not issue a penalty assessment notice or summons for a violation detected using an automated vehicle identification system unless, at the time the violation is alleged to have occurred, an officer or employee of the state, the county, the city and county, or the municipality is present during the operation of the automated vehicle identification device; except that this paragraph (f) shall not apply to an automated vehicle identification system designed to detect violations for disobedience to a traffic control signal.
(g) (I) The state, a county, a city and county, or a municipality shall not issue a penalty assessment notice or summons for a violation detected using an automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615; within a residential neighborhood; within a maintenance, construction, or repair zone designated pursuant to section 42-4-614; or along a street that borders a municipal park.
(II) For purposes of this paragraph (g), unless the context otherwise requires, "residential neighborhood" means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per hour or less.
(III) This paragraph (g) shall not apply to an automated vehicle identification system designed to detect disobedience to a traffic control signal.
(3) The department has no authority to assess any points against a license under section 42-2-127 upon entry of a conviction or judgment for a violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. The department may not keep any record of such violation in the official records maintained by the department under section 42-2-121.
(4) (a) If the state, a county, a city and county, or a municipality detects a speeding violation of less than ten miles per hour over the reasonable and prudent speed under a municipal traffic regulation or under state law through the use of an automated vehicle identification system and the violation is the first violation by such driver that the state, county, city and county, or municipality has detected using an automated vehicle identification system, then the state, county, city and county, or municipality shall mail such driver a warning regarding the violation and the state, county, city and county, or municipality may not impose any penalty or surcharge for such first violation.
(b) (I) If the state, a county, a city and county, or a municipality detects a second or subsequent speeding violation under a municipal traffic regulation or under state law by a driver, or a first such violation by the driver if the provisions of paragraph (a) of this subsection (4) do not apply, through the use of an automated vehicle identification system, then, except as may be permitted in subparagraph (II) of this paragraph (b), the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars.
(II) If any violation described in subparagraph (I) of this paragraph (b) occurs within a school zone, as defined in section 42-4-615, the maximum penalty that may be imposed shall be doubled.
(III) Subparagraph (I) of this paragraph (b) shall not apply within a maintenance, construction, or repair zone designated pursuant to section 42-4-614.
(4.5) If the state, a county, a city and county, or a municipality detects a violation under a municipal traffic regulation or under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum penalty that the state, a county, a city and county, or a municipality may impose for such violation, including any surcharge, is seventy-five dollars.
(4.7) If a driver fails to pay a penalty imposed for a violation detected using an automated vehicle identification device, the state, a county, a city and county, or a municipality shall not attempt to enforce such a penalty by immobilizing the driver's vehicle.
(5) If the state, a county, a city and county, or a municipality has established an automated vehicle identification system for the enforcement of municipal traffic regulations or state traffic laws, then no portion of any fine collected through the use of such system may be paid to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, or municipality for such equipment shall be based upon the value of such equipment and may not be based upon the number of traffic citations issued or the revenue generated by such equipment.
(6) As used in this section, the term "automated vehicle identification system" means a system whereby:
(a) A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle; and
(b) A penalty assessment notice or summons and complaint is issued to the registered owner of the motor vehicle.
HISTORY: Source:. L. 97: Entire section added, p. 1667, § 1, effective June 5.L. 99: (1.5) and (4.5) added and (2), (4), and (5) amended, p. 612, § 1, effective May 17.L. 2002: (2)(a), (2)(d), and (4.5) amended and (2)(f), (2)(g), and (4.7) added, pp. 570, 572, § § 1, 2, effective May 24.L. 2004: (2)(d) amended, p. 351, § 1, effective August 4.L. 2008: (1.5) and (2)(g)(I) amended and (1.7) and (4)(b)(III) added, pp. 2080, 2081, § § 4, 5, effective June 3.L. 2009: (2)(d) amended, (SB 09-222), ch. 150, p. 629, § 1, effective August 5.
Cross references: Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act amending subsections (1.5) and (2)(g)(I) and enacting subsections (1.7) and (4)(b)(III) shall be known and may be cited as the "Charles Mather Highway Safety Act".
ANNOTATION
This section supersedes conflicting provisions of municipal ordinances. Regulation of automated vehicle identification systems to enforce traffic laws is a matter of mixed local and state concern. In the event of conflict, state law prevails. City of Commerce City v. State, 40 P.3d 1273 (Colo. 2002).
(1) The general assembly hereby finds and declares that the enforcement of traffic laws through the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary.
(1.5) Except for the authorization contained in subsection (1.7) of this section, nothing in this section shall apply to a violation detected by an automated vehicle identification device for driving twenty-five miles per hour or more in excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the maximum speed limit of seventy-five miles per hour detected by the use of an automated vehicle identification device.
(1.7) (a) Upon request from the department of transportation, the department of public safety shall utilize an automated vehicle identification system to detect speeding violations under part 11 of this article within a highway maintenance, repair, or construction zone designated pursuant to section 42-4-614 (1) (a), if the department of public safety complies with subsections (2) to (6) of this section. An automated vehicle identification system shall not be used under this subsection (1.7) unless maintenance, repair, or construction is occurring at the time the system is being used. The department of public safety may contract with a vendor to implement this subsection (1.7). If the department of public safety contracts with a vendor, the contract shall incorporate the processing elements specified by the department of public safety. The department of public safety may contract with the vendor to notify violators, collect and remit the penalties and surcharges to the state treasury less the vendor's expenses, reconcile payments against outstanding violations, implement collection efforts, and notify the department of public safety of unpaid violations for possible referral to the judicial system. No penalty assessment or summons and complaint or a penalty or surcharge for a violation detected by an automated vehicle identification system under this subsection (1.7) shall be forwarded to the department for processing.
(b) The department of transportation shall reimburse the department of public safety for the direct and indirect costs of complying with this subsection (1.7).
(2) A municipality may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the municipality, or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following conditions and limitations:
(a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002.)
(II) If the state, a county, a city and county, or a municipality detects any alleged violation of a municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county, or municipality shall serve the penalty assessment notice or summons and complaint for the alleged violation on the defendant no later than ninety days after the alleged violation occurred. If a penalty assessment notice or summons and complaint for a violation detected using an automated vehicle identification system is personally served, the state, a county, a city and county, or a municipality may only charge the actual costs of service of process that shall be no more than the amount usually charged for civil service of process.
(b) Notwithstanding any other provision of the statutes to the contrary, the state, a county, a city and county, or a municipality may not report to the department any conviction or entry of judgment against a defendant for violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system.
(c) The state, a county, a city and county, or a municipality may not report to the department any outstanding judgment or warrant for purposes of section 42-2-107 (5) or 42-2-118 (3) based upon any violation or alleged violation of a municipal traffic regulation or traffic violation under state law detected through the use of an automated vehicle identification system.
(d) (I) The state, a county, a city and county, or a municipality may not use an automated vehicle identification system to detect a violation of part 11 of this article or a local speed ordinance unless there is posted an appropriate temporary sign in a conspicuous place not fewer than three hundred feet before the area in which the automated vehicle identification device is to be used notifying the public that an automated vehicle identification device is in use immediately ahead. The requirement of this subparagraph (I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a permanent sign in an area in which an automated vehicle identification device is to be used, but this subparagraph (I) shall not be deemed a prohibition against the posting of such permanent signs.
(II) Except as provided in subparagraph (I) of this paragraph (d), an automated vehicle identification system designed to detect disobedience to a traffic control signal or another violation of this article or a local traffic ordinance shall not be used unless the state, county, city and county, or municipality using such system conspicuously posts a sign notifying the public that an automated vehicle identification device is in use immediately ahead. The sign shall:
(A) Be placed in a conspicuous place not fewer than two hundred feet nor more than five hundred feet before the automated vehicle identification system; and
(B) Use lettering that is at least four inches high for upper case letters and two and nine-tenths inches high for lower case letters.
(e) The state, a county, a city and county, or a municipality may not require a registered owner of a vehicle to disclose the identity of a driver of the vehicle who is detected through the use of an automated vehicle identification system. However, the registered owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation.
(f) The state, a county, a city and county, or a municipality shall not issue a penalty assessment notice or summons for a violation detected using an automated vehicle identification system unless, at the time the violation is alleged to have occurred, an officer or employee of the state, the county, the city and county, or the municipality is present during the operation of the automated vehicle identification device; except that this paragraph (f) shall not apply to an automated vehicle identification system designed to detect violations for disobedience to a traffic control signal.
(g) (I) The state, a county, a city and county, or a municipality shall not issue a penalty assessment notice or summons for a violation detected using an automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615; within a residential neighborhood; within a maintenance, construction, or repair zone designated pursuant to section 42-4-614; or along a street that borders a municipal park.
(II) For purposes of this paragraph (g), unless the context otherwise requires, "residential neighborhood" means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per hour or less.
(III) This paragraph (g) shall not apply to an automated vehicle identification system designed to detect disobedience to a traffic control signal.
(3) The department has no authority to assess any points against a license under section 42-2-127 upon entry of a conviction or judgment for a violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. The department may not keep any record of such violation in the official records maintained by the department under section 42-2-121.
(4) (a) If the state, a county, a city and county, or a municipality detects a speeding violation of less than ten miles per hour over the reasonable and prudent speed under a municipal traffic regulation or under state law through the use of an automated vehicle identification system and the violation is the first violation by such driver that the state, county, city and county, or municipality has detected using an automated vehicle identification system, then the state, county, city and county, or municipality shall mail such driver a warning regarding the violation and the state, county, city and county, or municipality may not impose any penalty or surcharge for such first violation.
(b) (I) If the state, a county, a city and county, or a municipality detects a second or subsequent speeding violation under a municipal traffic regulation or under state law by a driver, or a first such violation by the driver if the provisions of paragraph (a) of this subsection (4) do not apply, through the use of an automated vehicle identification system, then, except as may be permitted in subparagraph (II) of this paragraph (b), the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars.
(II) If any violation described in subparagraph (I) of this paragraph (b) occurs within a school zone, as defined in section 42-4-615, the maximum penalty that may be imposed shall be doubled.
(III) Subparagraph (I) of this paragraph (b) shall not apply within a maintenance, construction, or repair zone designated pursuant to section 42-4-614.
(4.5) If the state, a county, a city and county, or a municipality detects a violation under a municipal traffic regulation or under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum penalty that the state, a county, a city and county, or a municipality may impose for such violation, including any surcharge, is seventy-five dollars.
(4.7) If a driver fails to pay a penalty imposed for a violation detected using an automated vehicle identification device, the state, a county, a city and county, or a municipality shall not attempt to enforce such a penalty by immobilizing the driver's vehicle.
(5) If the state, a county, a city and county, or a municipality has established an automated vehicle identification system for the enforcement of municipal traffic regulations or state traffic laws, then no portion of any fine collected through the use of such system may be paid to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, or municipality for such equipment shall be based upon the value of such equipment and may not be based upon the number of traffic citations issued or the revenue generated by such equipment.
(6) As used in this section, the term "automated vehicle identification system" means a system whereby:
(a) A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle; and
(b) A penalty assessment notice or summons and complaint is issued to the registered owner of the motor vehicle.
HISTORY: Source:. L. 97: Entire section added, p. 1667, § 1, effective June 5.L. 99: (1.5) and (4.5) added and (2), (4), and (5) amended, p. 612, § 1, effective May 17.L. 2002: (2)(a), (2)(d), and (4.5) amended and (2)(f), (2)(g), and (4.7) added, pp. 570, 572, § § 1, 2, effective May 24.L. 2004: (2)(d) amended, p. 351, § 1, effective August 4.L. 2008: (1.5) and (2)(g)(I) amended and (1.7) and (4)(b)(III) added, pp. 2080, 2081, § § 4, 5, effective June 3.L. 2009: (2)(d) amended, (SB 09-222), ch. 150, p. 629, § 1, effective August 5.
Cross references: Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act amending subsections (1.5) and (2)(g)(I) and enacting subsections (1.7) and (4)(b)(III) shall be known and may be cited as the "Charles Mather Highway Safety Act".
ANNOTATION
This section supersedes conflicting provisions of municipal ordinances. Regulation of automated vehicle identification systems to enforce traffic laws is a matter of mixed local and state concern. In the event of conflict, state law prevails. City of Commerce City v. State, 40 P.3d 1273 (Colo. 2002).
Monday, August 29, 2011
Lessons That Lead To Success
One of the most important lessons I would like to teach my son is that being smart is sometimes dumb. "Academic Intelligence" offers almost no real preparation for lifes challenges. On the other hand, "emotional intelligence" is the key to determining how well we can use whatever other skill we have, including raw intellect.
I have learned many lessons from living on my own, but the greatest lesson I learned came from meeting my husband and studying for the LSAT. I had neither emotional aptitude nor intellectual aptitude. Lesson #1 I learned from my husband. It is the lesson that people who know and manage their own feelings well, and read and deal effectively with other people's feelings--are at an advantage in any domain of life, whether romance and intimate relationships or picking the unspoken rules that govern success in organizational politics.
Furthermore, lesson #2 I learned from studying from the LSAT. And it is that people with well-developed emotional skills are also more likely to be content and effective in their lives. Not only that but these people are better able to master the habits of mind that foster their own productivity. And people who can not direct some control over their emotional life will fight inner battles that sabotage their ability for focused work and clear thought.
Growing up I felt as thought I had more emotional intelligence than academic intelligence. And my greatest success came when I learned to balance my logical aptitude with my emotional aptitude. Once I did that, I became clearer in my thinking and my work became more focused.
I want to train my son is in personal intelligence. This will be quite the challenge for I was not trained in personal intelligence. I have higher "intrapersonal intelligence" than interpersonal intelligence. But this is the cross in life I must bear.
I have learned many lessons from living on my own, but the greatest lesson I learned came from meeting my husband and studying for the LSAT. I had neither emotional aptitude nor intellectual aptitude. Lesson #1 I learned from my husband. It is the lesson that people who know and manage their own feelings well, and read and deal effectively with other people's feelings--are at an advantage in any domain of life, whether romance and intimate relationships or picking the unspoken rules that govern success in organizational politics.
Furthermore, lesson #2 I learned from studying from the LSAT. And it is that people with well-developed emotional skills are also more likely to be content and effective in their lives. Not only that but these people are better able to master the habits of mind that foster their own productivity. And people who can not direct some control over their emotional life will fight inner battles that sabotage their ability for focused work and clear thought.
Growing up I felt as thought I had more emotional intelligence than academic intelligence. And my greatest success came when I learned to balance my logical aptitude with my emotional aptitude. Once I did that, I became clearer in my thinking and my work became more focused.
I want to train my son is in personal intelligence. This will be quite the challenge for I was not trained in personal intelligence. I have higher "intrapersonal intelligence" than interpersonal intelligence. But this is the cross in life I must bear.
Tuesday, August 16, 2011
Isaac: 4 mos and 2 wks
It is amazing, but our 4 mos old baby boy is quite the champ! He is alert as ever and thriving. He is still drinking human milk exclusively and is thriving on that. My plan is to try to nurse Isaac for 2 yrs. In that time, I plan on staying home and caring for him.
Isaac is currently 16 lbs, 3 and 3/4 oz baby. He is wearing 3 to 6 mos clothing but also fits into 6 to 9 mos cloth. Isaac is a joy and it is fun being a mom. I love the new job and thank God every day that he gave me this opportunity.
Currently, Isaac is developing as he should. He rolls over on one side, and if left in his crib he will actually play with the toys around him. He loves to laugh and smiles a lot. He loves to be held.
Oh... Isaac is so cute! He enjoys putting things in his mouth and plays with his feet a lot.
Being a mom is a real treat!
Thursday, June 30, 2011
2 months and 3 weeks: Baby Isaac
Been a while since I update you on my pregnancy and motherhood. Isaac Omar was born on April 8 in the afternoon. Labor and delivery was ... well... just that laborous but worth it. I expected to go at it naturally but at midnight that morning, I awoke to a leg cramp on my right leg and thereafter I had leg cramps every 5 min until 5:00 a.m. that morning when they stopped and the cramps proceeded in my abdomin about every 3 mins. Then I got a bloody show. The show worried me, for it was more than just a show so I called my doctor and she said to go to the hospital. At the hospital, my water was **Accidentally** broken or so the nurse proclaimed. I still have my doubts but I will leave it at that for now. Nevertheless, it broke at about 9:00 a.m. and from there I was in labor until 4:00 p.m. and baby had not dropped. I was dialated at 6 c.m., -3, and very sleepy. I could not keep my eyes opened any longer. I really wanted a nap!!
I decided to take the epidural at this stage so that I can sleep for a couple hours then continue the labor process until delivery naturally but it backfired. As soon as I took that pill, Isaac's heart rate dropped considerably. The doctor gave me a choice to continue or to get him out by C-Section. After thinking it through a bit and asking questions, I decided to go ahead with the C-Section.
I must tell you that I was very level-headed during the whole process and in control of the birthing situation. I feel proud of myself b/c I did not go into clueless. I was well aware of what practices go on in a hospital and my plan was flexible just in case.
At the operating table, it took but 20 to 30 minutes for Isaac to come out. I held him immediately. Then, I breastfed him immediately. B/c I was on meds and so was he, he had trouble latching a bit: he kept falling asleep but I pressed on and so did he.
Now at almost 3 months, I am still breastfeeding exclusively. I have not supplemented and I really don't pump. I do keep a small reserve in storage in case of emergency. Isaac is gaining as he should. However, he is allergic to dairy. So I have to refrain from eating/drinking milk products/soy. In breast fed babies, when there is a blood streak or stool is frequently green it indicates an allergic reaction to something in mom's diet.
Other than that, Isaac is doing well and growing nicely.
As you can see from the photo, Isaac likes the water.
Tuesday, March 29, 2011
Week 40: My Pregnancy Journey
As my pregnancy journey comes to a close, I look back and think where did all the months go. These last few weeks went by fast. Looking back, I recall the first few months of pregnancy went rather quickly, as I did not have the usual morning sickness and vomitting that gets most women.
The first month was rather normal. I thought I got my menstral cycle b/c I had some bleeding. The second month, my boobs swelled up for weeks, my hormones were raging, and my diet consisted of PEACHES. By the end of the second month, I had taken 3 pregnancy tests b/c the first 2, I got invalid results. The third month, I went to see the doctor, which confirmed I was pregnant. I was given an ultra sound and heard the heart beat for the first time. Then, we flew to S.A. Texas. By the end of the month, I quit my job. I needed to **de-stress** and wanted a good pregnancy.
After the 3 month, I began to organize and make the home ready for new addition to the family. I was so busy cleaning out house, that 9 months came and went like a flash of lightening.
Today, I sit here telling the story and think the fully cooked bun in the oven. He will be here before I know it.
I have to say that being pregnant has not changed who I am. I have not complained of much. I have been the ideal pregnant woman. Other than small pregnancy side-effects like occassional fatigue, breathing problems, swelling... I didn't have the mood swings, back-aches, or pain.
Now this last month, I really am trying to relax, watch a movie, walk around the park, and take my mind off the due date. Speaking about parks, I have so much energy these last couple weeks, I feel like jogging my usual 2.5 miles. I can't wait to get back to running and exercising.
I have to say that carrying a life within is amazing! I am a bit worried about being part of the 75% of women who go passed their due date. But, I am hopeful that I will have a wonderful birthing experience.
The first month was rather normal. I thought I got my menstral cycle b/c I had some bleeding. The second month, my boobs swelled up for weeks, my hormones were raging, and my diet consisted of PEACHES. By the end of the second month, I had taken 3 pregnancy tests b/c the first 2, I got invalid results. The third month, I went to see the doctor, which confirmed I was pregnant. I was given an ultra sound and heard the heart beat for the first time. Then, we flew to S.A. Texas. By the end of the month, I quit my job. I needed to **de-stress** and wanted a good pregnancy.
After the 3 month, I began to organize and make the home ready for new addition to the family. I was so busy cleaning out house, that 9 months came and went like a flash of lightening.
Today, I sit here telling the story and think the fully cooked bun in the oven. He will be here before I know it.
I have to say that being pregnant has not changed who I am. I have not complained of much. I have been the ideal pregnant woman. Other than small pregnancy side-effects like occassional fatigue, breathing problems, swelling... I didn't have the mood swings, back-aches, or pain.
Now this last month, I really am trying to relax, watch a movie, walk around the park, and take my mind off the due date. Speaking about parks, I have so much energy these last couple weeks, I feel like jogging my usual 2.5 miles. I can't wait to get back to running and exercising.
I have to say that carrying a life within is amazing! I am a bit worried about being part of the 75% of women who go passed their due date. But, I am hopeful that I will have a wonderful birthing experience.
Friday, March 4, 2011
Thursday, February 24, 2011
My Birth Plan
Birth Plan Worksheet
Regarding labor and birth –
Due Date: 4/5/2011
I'm having a baby and these are my wishes for before, during and post delivery.
ATTENDANTS
I'd like the following people to be present during labor and delivery:
Spouse: ___________________________________________________________
Friend/s: __________________________________________________________
Relative/s: _________________________________________________________
Doula: ____________________________________________________________
Children: __________________________________________________________
AMENITIES
I'd like to:
• bring music
• wear my own clothes during labor and delivery
• take pictures during labor and delivery
HOSPITAL ADMISSION & PROCEDURES
I'd like the option of returning home if I'm not in active labor.
Once I'm admitted, I'd like:
• my partner to be allowed to stay with me at all times
• only my practitioner, nurse, and doula (i.e., no residents, medical students, or other hospital personnel)
• I would prefer to keep the number of vaginal exams to a minimum
• to try to stay hydrated by drinking clear fluids instead of having an IV
• I wish to be able to move around and change position at will throughout labor.
OTHER INTERVENTIONS
As long as the baby and I are doing fine, I'd like to:
• have intermittent rather than continuous electronic fetal monitoring
• be allowed to progress free of stringent time limits and have my labor augmented only if necessary
• I do not wish to have the amniotic membrane ruptured artificially unless signs of fetal distress require internal monitoring.
• I would prefer to be allowed to try changing position and nipple stimulation before Pitocin is administered.
• I do not want any kind of anesthesia offered to me during labor, though I would like it available if I specifically request it.
• Custom note regarding use of an epidural: If I must be induced because I went passed the due date, then give me steroid therapy to increase blood platelet levels
LABOR PROPS
If available, I'd like to try a:
birthing stool
birthing chair
squatting bar
birthing tub
I'd like to bring the following equipment with me:
• Birthing stability ball
• other: ____________________________________________________________
PAIN RELIEF
I'd like to try the following pain-management techniques:
• acupressure
• bath/shower
• breathing techniques/distraction
• hot/cold therapy
• self-hypnosis
• massage
• other: ____________________________________________________________
Please don't offer me pain medication. I'll request it if I need it.
If I decide I want medicinal pain relief, I'd prefer:
• regional analgesia (an epidural and/or spinal block)
PUSHING
When it's time to push, I'd like to:
• do so instinctively
• be coached on when to push and for how long
• be allowed to progress free of stringent time limits as long as my baby and I are doing fine
I'd like to try the following positions for pushing (and birth):
• semi-reclining
• side-lying position
• squatting
• hands and knees
• whatever feels right at the time
VAGINAL BIRTH
During delivery, I'd like:
• I would like the room to be as quiet as possible
• I would prefer not to have an episiotomy unless absolutely required for the baby's safety.
• I would like my husband to help "catch" our baby
After birth, I'd like:
• I would like to hold my baby right away, putting off any procedures that aren't urgent
• I would like to breastfeed as soon as possible
• I do not want to get oxytocin (Pitocin) after I deliver the placenta unless it's necessary
• I would like my husband to cut the umbilical cord
C-SECTION
If I have a c-section, I'd like:
• If my primary care provider determines that a Cesarean delivery is indicated, I would like to obtain a second opinion from another physician if time allows
• I would like my husband present at all times if my son requires a Cesarean delivery
• If C-section, then I wish to have an epidural for anesthesia
• If my son is not in distress, my son should be given to husband immediately after birth
• the baby to be given to my partner as soon as he's dried, if appropriate
• the screen lowered a bit so I can see my baby being delivered
• to breastfeed my baby in the recovery room
CORD BLOOD BANKING
I'm planning to:
donate cord blood to a public bank
bank cord blood privately
neither
POSTPARTUM
After delivery, I'd like:
• To all newborn procedures to take place in my presence
• To my husband to stay with the baby at all times if I can't be there
• to stay in a private room
I'd like:
• To 24-hour rooming-in with my baby
• I would like
FEEDING ISSUES
I plan to:
• Unless medically necessary, I do not wish to have any bottles given to my baby (including glucose water or plain water).
Do not offer my baby:
• formula
• sugar water
• a pacifier
CIRCUMCISION
If my baby's a boy:
• I want him to be circumcised at the hospital
DISCHARGE
I'd like to:
• be discharged from the hospital with my baby as soon as possible
• wait and see how I feel before deciding about the timing of hospital discharge
Regarding labor and birth –
Due Date: 4/5/2011
I'm having a baby and these are my wishes for before, during and post delivery.
ATTENDANTS
I'd like the following people to be present during labor and delivery:
Spouse: ___________________________________________________________
Friend/s: __________________________________________________________
Relative/s: _________________________________________________________
Doula: ____________________________________________________________
Children: __________________________________________________________
AMENITIES
I'd like to:
• bring music
• wear my own clothes during labor and delivery
• take pictures during labor and delivery
HOSPITAL ADMISSION & PROCEDURES
I'd like the option of returning home if I'm not in active labor.
Once I'm admitted, I'd like:
• my partner to be allowed to stay with me at all times
• only my practitioner, nurse, and doula (i.e., no residents, medical students, or other hospital personnel)
• I would prefer to keep the number of vaginal exams to a minimum
• to try to stay hydrated by drinking clear fluids instead of having an IV
• I wish to be able to move around and change position at will throughout labor.
OTHER INTERVENTIONS
As long as the baby and I are doing fine, I'd like to:
• have intermittent rather than continuous electronic fetal monitoring
• be allowed to progress free of stringent time limits and have my labor augmented only if necessary
• I do not wish to have the amniotic membrane ruptured artificially unless signs of fetal distress require internal monitoring.
• I would prefer to be allowed to try changing position and nipple stimulation before Pitocin is administered.
• I do not want any kind of anesthesia offered to me during labor, though I would like it available if I specifically request it.
• Custom note regarding use of an epidural: If I must be induced because I went passed the due date, then give me steroid therapy to increase blood platelet levels
LABOR PROPS
If available, I'd like to try a:
birthing stool
birthing chair
squatting bar
birthing tub
I'd like to bring the following equipment with me:
• Birthing stability ball
• other: ____________________________________________________________
PAIN RELIEF
I'd like to try the following pain-management techniques:
• acupressure
• bath/shower
• breathing techniques/distraction
• hot/cold therapy
• self-hypnosis
• massage
• other: ____________________________________________________________
Please don't offer me pain medication. I'll request it if I need it.
If I decide I want medicinal pain relief, I'd prefer:
• regional analgesia (an epidural and/or spinal block)
PUSHING
When it's time to push, I'd like to:
• do so instinctively
• be coached on when to push and for how long
• be allowed to progress free of stringent time limits as long as my baby and I are doing fine
I'd like to try the following positions for pushing (and birth):
• semi-reclining
• side-lying position
• squatting
• hands and knees
• whatever feels right at the time
VAGINAL BIRTH
During delivery, I'd like:
• I would like the room to be as quiet as possible
• I would prefer not to have an episiotomy unless absolutely required for the baby's safety.
• I would like my husband to help "catch" our baby
After birth, I'd like:
• I would like to hold my baby right away, putting off any procedures that aren't urgent
• I would like to breastfeed as soon as possible
• I do not want to get oxytocin (Pitocin) after I deliver the placenta unless it's necessary
• I would like my husband to cut the umbilical cord
C-SECTION
If I have a c-section, I'd like:
• If my primary care provider determines that a Cesarean delivery is indicated, I would like to obtain a second opinion from another physician if time allows
• I would like my husband present at all times if my son requires a Cesarean delivery
• If C-section, then I wish to have an epidural for anesthesia
• If my son is not in distress, my son should be given to husband immediately after birth
• the baby to be given to my partner as soon as he's dried, if appropriate
• the screen lowered a bit so I can see my baby being delivered
• to breastfeed my baby in the recovery room
CORD BLOOD BANKING
I'm planning to:
donate cord blood to a public bank
bank cord blood privately
neither
POSTPARTUM
After delivery, I'd like:
• To all newborn procedures to take place in my presence
• To my husband to stay with the baby at all times if I can't be there
• to stay in a private room
I'd like:
• To 24-hour rooming-in with my baby
• I would like
FEEDING ISSUES
I plan to:
• Unless medically necessary, I do not wish to have any bottles given to my baby (including glucose water or plain water).
Do not offer my baby:
• formula
• sugar water
• a pacifier
CIRCUMCISION
If my baby's a boy:
• I want him to be circumcised at the hospital
DISCHARGE
I'd like to:
• be discharged from the hospital with my baby as soon as possible
• wait and see how I feel before deciding about the timing of hospital discharge
Monday, January 31, 2011
The shift from a republic to a democracy
REPUBLIC:
Authority is derived through the election by the people
of public officials best fitted to represent them.
Attitude toward property is respect for laws and
individual rights, and a sensible economic procedure.
Attitude toward law is the administration of justice in
accord with fixed principles and established evidence,
with a strict regard to consequences.
A greater number of citizens and extent of
territory may be brought within its compass.
Avoids the dangerous extreme of either tyranny or mobocracy.
Results in statesmanship, liberty, reason, justice, contentment and progress.
Is the 'standard form' of government throughout the world.
A Republic is a form of government under a constitution which provides
for the election of (1) an executive and (2) a legislative body who,
working together in representative capacity, have all the power of
appointment, all power of legislation, all power to raise revenue and
appropriate expenditures and are required to create (3) a judiciary to
pass upon the justice and legality of their governmental acts and to
recognize (4) certain inherent unalienable rights.
Take away any one of those four elements and you are drifting into democracy."
U.S. ARMY FIELD TRAINING MANUAL TM2000-5 (1928)
Authority is derived through the election by the people
of public officials best fitted to represent them.
Attitude toward property is respect for laws and
individual rights, and a sensible economic procedure.
Attitude toward law is the administration of justice in
accord with fixed principles and established evidence,
with a strict regard to consequences.
A greater number of citizens and extent of
territory may be brought within its compass.
Avoids the dangerous extreme of either tyranny or mobocracy.
Results in statesmanship, liberty, reason, justice, contentment and progress.
Is the 'standard form' of government throughout the world.
A Republic is a form of government under a constitution which provides
for the election of (1) an executive and (2) a legislative body who,
working together in representative capacity, have all the power of
appointment, all power of legislation, all power to raise revenue and
appropriate expenditures and are required to create (3) a judiciary to
pass upon the justice and legality of their governmental acts and to
recognize (4) certain inherent unalienable rights.
Take away any one of those four elements and you are drifting into democracy."
U.S. ARMY FIELD TRAINING MANUAL TM2000-5 (1928)
Monday, January 17, 2011
Suit: Firm failed to pay wages
Denver, CO, January 17, 2011— Suit: Firm failed to pay wages
Dec. 02--A lawsuit was filed Thursday in Denver County Court accusing an Attorney Law Firm of failing to pay proper wages to an employee.
The suit filed against Law Office of T.M.Palmer, L.L.C., 7900 E. Union Avenue, asked the court judgment in there favor.
The Law Office of T.M. Palmer, LLC is incorporated in the State of Colorado since May 2010. The registered agent is Tamika Monique Palmer. Ms. Palmer was admitted in Colorado on May 17, 2010. She was also admitted in Florida on October 29, 2009.
Plaintiff, a Paralegal who filed the suit, said she was the only employee at the time of hire.
The suit sought $1,000 for former employee. It does not specify the amount of lost wages.
The suit also names Tamika M. Palmer, company owner, as a defendant.
Tamika M. Palmer, a new attorney licensed with the State of Colorado, said the company has no responsibility to Plaintiff.
“Defendant said that the law firm has fully compensated its entire employee for their work.”
The Law Firm arbitrarily paid employee and did not take notice of employees’ time sheet.
"Most employers in this community understand the rules associated with paying hourly workers for the work they perform," Plaintiff said. "the law firm has not only cheated her but flouted the rules and the law and has knowlingly done so at the expense of an employee.
"I hope the court corrects the situation so Palmer understand that she can’t just arbitrarily pay its employees’ whatever she feels is due without justification."
The suit accuses the company of violating the law wage laws by not properly paying hourly employees, failing to calculate and pay the proper amount of wages and failing to pay hourly employees for working during breaks and meal periods.
According to the complaint:
Plaintiff was an administrative employee from September to October. She worked part-time evenings with Palmer law firm and almost full-time at another law firm. Palmer law firm induced her to quit the other law firm claiming that she will provide better benefits, more flexibility and a less stressful environment.
Plaintiff was three month pregnant at the time. She quit her other employer on September 21, and Palmer law firm almost immediately made unreasonable demands, and wrote up employee for arbitrary issues within a week of officially transitioning to full-time. She then terminated employee the next week. This law firm did not allow employee the time to adjust to the work environment and get up to speed the area of practice. This law firm, also shorted employee for more than 20 hours a week of pay.
The suit sought back pay and damages of $1,000 per plaintiff for each violation of the labor laws.
Judgment was entered against the Law Office of T.M. Palmer, LLC on January 11, 2011 for back pay and court costs of $409.09.
BEWARE OF THIS ATTORNEY!!! SHE HAS NO LEGAL EXPERIENCE.
Dec. 02--A lawsuit was filed Thursday in Denver County Court accusing an Attorney Law Firm of failing to pay proper wages to an employee.
The suit filed against Law Office of T.M.Palmer, L.L.C., 7900 E. Union Avenue, asked the court judgment in there favor.
The Law Office of T.M. Palmer, LLC is incorporated in the State of Colorado since May 2010. The registered agent is Tamika Monique Palmer. Ms. Palmer was admitted in Colorado on May 17, 2010. She was also admitted in Florida on October 29, 2009.
Plaintiff, a Paralegal who filed the suit, said she was the only employee at the time of hire.
The suit sought $1,000 for former employee. It does not specify the amount of lost wages.
The suit also names Tamika M. Palmer, company owner, as a defendant.
Tamika M. Palmer, a new attorney licensed with the State of Colorado, said the company has no responsibility to Plaintiff.
“Defendant said that the law firm has fully compensated its entire employee for their work.”
The Law Firm arbitrarily paid employee and did not take notice of employees’ time sheet.
"Most employers in this community understand the rules associated with paying hourly workers for the work they perform," Plaintiff said. "the law firm has not only cheated her but flouted the rules and the law and has knowlingly done so at the expense of an employee.
"I hope the court corrects the situation so Palmer understand that she can’t just arbitrarily pay its employees’ whatever she feels is due without justification."
The suit accuses the company of violating the law wage laws by not properly paying hourly employees, failing to calculate and pay the proper amount of wages and failing to pay hourly employees for working during breaks and meal periods.
According to the complaint:
Plaintiff was an administrative employee from September to October. She worked part-time evenings with Palmer law firm and almost full-time at another law firm. Palmer law firm induced her to quit the other law firm claiming that she will provide better benefits, more flexibility and a less stressful environment.
Plaintiff was three month pregnant at the time. She quit her other employer on September 21, and Palmer law firm almost immediately made unreasonable demands, and wrote up employee for arbitrary issues within a week of officially transitioning to full-time. She then terminated employee the next week. This law firm did not allow employee the time to adjust to the work environment and get up to speed the area of practice. This law firm, also shorted employee for more than 20 hours a week of pay.
The suit sought back pay and damages of $1,000 per plaintiff for each violation of the labor laws.
Judgment was entered against the Law Office of T.M. Palmer, LLC on January 11, 2011 for back pay and court costs of $409.09.
BEWARE OF THIS ATTORNEY!!! SHE HAS NO LEGAL EXPERIENCE.
Monday, January 3, 2011
Marijuana legalization
Recently our state has legalized medical marijuana and there has been an upspring in medical marijuana shops.
My argument is the following: up until now, marijuana research in the US has only been done on animals so from animal testing we know that marijuana use impairs because THC alters how information is processed in the hippocampus, a brain area responsible for memory formation. But we don't really know its effect on humans because as a matter of public policy, research on humans has been been denied.
Therefore, I say that our US Congresspeople (the federal government) should allow medical research to be done on human patients now being perscribed marijuana to alleviate pain. And pharmatheticals should be the ones selling the drug.
Links from reputable sites to read on the subject
NIDA
NORML
Drug Science
My argument is the following: up until now, marijuana research in the US has only been done on animals so from animal testing we know that marijuana use impairs because THC alters how information is processed in the hippocampus, a brain area responsible for memory formation. But we don't really know its effect on humans because as a matter of public policy, research on humans has been been denied.
Therefore, I say that our US Congresspeople (the federal government) should allow medical research to be done on human patients now being perscribed marijuana to alleviate pain. And pharmatheticals should be the ones selling the drug.
Links from reputable sites to read on the subject
NIDA
NORML
Drug Science
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