Douglas Whaley. Law professor, gay rights advocate, atheist, heart transplant recipient, actor, director, novelist, playwright, bridge player, husband, father, cat owner, storyteller. Much humor and, since the writer is a teacher, advice on many topics.
Some Cartoons I've Saved
Since I was in law school I’ve been saving cartoons into an album.There are a hundred or so of these, but I thought you might enjoy some of my favorites, which I've reprinted below. If you left click on any one of them you can see an enlarged version. I’ve added commentary to a few of them.
The Perfect Crime:
This next one has always seemed haunting to me.
And what does this next one mean?
I have quite a history with the next one. I was in Montreal and saw this Italian cartoon in an exhibit. I was quite taken with it, so I wrote the artist and asked if it had been printed in a magazine or somewhere so I could have a copy. He sent me back a letter in Italian along with an original of the cartoon. The letter, once translated, advised me that the cartoon was mine for $100.00. This was in 1971 when that was a great deal of money. So I sent it back to him, with regrets, and added that I still thought it was a brilliant cartoon (just the sort of idiocy municipalities are capable of), and I congratulated him on creating it. He then mailed me a copy of the cartoon with no further explanation, for which I was very grateful.
And, finally, a favorite among favorites:
"The Best of My Library," August 27, 2010
"Doug's Favorite Jokes," November 13, 2010
"Five Movies I Watch Again and Again," March 20, 2011 “A
Guide to the Best of My Blog,” April 29, 2013
Since I graduated from law school in 1968 I've always had some sort of legal practice which varied from extensive in the early years, to these days when I'm retired and mostly just doing consulting work for a hefty fee.In this period I've written a lot of letters threatening legal action on behalf of my client (or, on the rare occasion, myself—see Related Posts below).In the classroom I've passed on my advice on how to create an effective letter, and now I offer it to you, blog reader.
A letter threatening legal action almost always discombobulates a recipient who is not him/herself routinely involved in legal actions.I tell my law students that in their coming practices they will often receive such letters (or nowadays even emails), and they will calmly evaluate what to do about them depending on the legal issues involved and the wisdom of litigating them.But the non-legal recipient of such a letter is in a very differen…
Having a dispute with a creditor? One way to win it (and fast) is to send that creditor a "payment in full" check [hereafter "PIFC"] and end it things in your favor. How does this bit of legal magic work? Read on.
It's always been the law that if you and I have an existing contract, either one of us can propose a modification to that contract, and if we both agree, the contract changes accordingly. There are technical names for this. Say, for instance, that I owe you an undisputed amount of $500. I send you an email and ask if you would take my horse Dobbins is settlement of the debt, and you reply in the affirmative. My offer of something different than what was originally owed (the horse for the money) is called the offer of an "accord." Your agreement to take Dobbins is the "satisfaction." Thus an "accord and satisfaction" in our law is nothing more than a fancy name for a modification agreement. I no longer owe you $500; I owe…
For the last few years I have been crossing the country giving lectures on what I now call the "Golden Rule of Mortgage Foreclosures," which is that such foreclosures cannot proceed without production of the original promissory note signed at the closing. A symposium at Western State University Law School last year at which I gave the keynote address turned into a law review article on point, and that law review article is reprinted below in full. The correct citation for the printed version is 39 W. St. U. L. Rev. 313 (2012). As subsequent developments occur I will add them in red to the original article below. Any corrections or suggestions may be sent to me at firstname.lastname@example.org.
Mortgage Foreclosures, Promissory
Notes, and the Uniform Commercial Code By Douglas J. Whaley*
Introduction As is true
of many things in life the Uniform Commercial Code’s statutes concerning the