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.
Doug Update: Health, Acting, Book Readings, and Snowbirding
general report on current activities and plans:
Health: Many people have kindly enquired about my
health, given that last year I nearly died and there were a number of posts
about that (see below).Since July of
2011, however, my health has been perfect, and I have no complaints at
all.I’m back to a steady workout, the biopsies
on my heart have all been terrific, and for a man about to turn 69 (yikes!)
this month (September 25), I’m in great shape.Thanks for your concern.I plan
to be around for decades.
Acting:I’ve accepted the part of Max, the crazy head of the household in Harold
Pinter’s famous play “The Homecoming,” which will open at Columbus Civic
Theater on October 18th and run for four weeks (Thursday, Friday,
Saturday nights at 8 pm, with a 2 p.m. matinee on Sundays).Tickets can be reserved by calling the
theater at (614) 447-7529 or on CCT’s
website: http://www.columbuscivic.org/index.html.The picture below is from CCT’s production of
“Hamlet” last year in which Ben Gorman had the title role, and Britt Kline and
I played the Queen and King.
Book readings:I’ve been doing one or more readings from my
atheist thriller “Imaginary Friend”—available on Amazon and Kindle—at various
venues since last March (twice in Columbus, and once each in Cleveland,
Mansfield, and Toledo), and have one scheduled in Columbus at Ohio Wesleyan
University Freethinkers meeting on Thursday, September 20 [http://www.facebook.com/#!/owufreethinkers],
in Akron on October 1st for the Akron/Canton Chapter of the Center for Inquiry
of Northeast Ohio [6:45 p.m. at the Stow - Munroe Falls Library, 3512 Darrow
Road (Route 91), Stow, OH 44224], and on November 18th I will make
my first foray out of state to do a reading for the Michigan Atheists monthly
meeting, 3-7 p.m., at the China Star Place, 270 S. Wayne Rd., Westland MI 48186
(phone 734- 326-1210).These have all
been huge fun, and I’ve sold a lot of books at these events at $10 a pop.They’re all open to anyone who wants to
attend, so feel free to come by and see my dog and pony show.
past two springs I’d gone to Wilton Manors FL (just north of Fort Lauderdale)
to visit my old friends Wayne Pawlowski and Ted Heath, a gay married couple who
will have been together thirty years this coming January.I discussed and put photos of their lovely
home, fittingly named Flamingo Court, in a post entitled “Long Lost Cousin at
Flamingo Court.”In the winter Wilton
Manors is obviously a paradise (though I suspect the summers are hot, humid,
and filled with mosquitoes so large they have names).Ohio in the winter (except for this past glorious
one) is cold and dangerous, so I began to think about going to Florida for early
2013.Wilton Manors is 40% gay according
to the last census (!), and since most of the gays are male and—because it’s
not cheap to live there—older, it also occurred to me that if I’m going to find
Mr. Right at my advancing age, perhaps Wilton Manors is the very place to do
it.So I made some inquiries and the
next thing you know I rented half a duplex from January 1 until the end of
March of this coming year.I have a
niece that I barely know who lives near there, and also my cousin Judy, who’s a bridge expert and has
promised to help me get enough points to become a Life Master (a bridge rank
that I’m very near to obtaining).So the
cats and I will have a temporary Florida home in our immediate future.
Maybe I can do some theater
and/or book readings in the Sunshine State, and it will certainly be better for
my health than slipping on my icy driveway as I go out to get the mail every day.
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 email@example.com.
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