Out of the Blue

According to the calendar, today is the summer solstice, the official first day of summer. Of course this is hard to believe in this two-season area, where we've already had a couple of heat waves.

In conjunction with the beginning of summer, it looks like I now have a mostly-dead (apologies to Miracle Max) front-lawn, as a majority of it is now brown grass. When the guys were working on the roof on Friday, they tossed all the old shingles onto the lawn. They cleaned them up before departing, and the lawn looked fine at the time, so as far as I'm able to tell this isn't from shading the lawn... it seems more like the shingles were poisonous to grass, as where ever they touched has died over the following couple of days. Needless to say, I am unhappy, though I'm not exactly sure there's much of anything besides complaining (and I thank you for indulging me here) I can do about this.

Link of the Day: Spider-Man India.
Stories of the Day: Japanese boy writes apology in blood.
Airliner lands at wrong airport. Thanks Jim Hendrickson.
Science!: Against Happiness (registration required).
Let the Sun Shine In.
A Sweet Way to Fuel Cars (registration required).
Images of the Day: Foxtrot. Thanks Darin Flippo and Morg.
High Hopes. Thanks Ant.
Follow-ups: Space Shot on a Shoestring.
Pilot Announced on Eve of Private Space Mission.
Johnny Ramone: I'm Not Dying.
Thanks Mike Martinez
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49 Replies. 3 pages. Viewing page 1.
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49.
 
Re: Kids
Jun 22, 2004, 07:35
49.
Re: Kids Jun 22, 2004, 07:35
Jun 22, 2004, 07:35
 
This stuff is a staple of first year uni writing courses. I remember dashing one off (the night before it was due) about tattoos, borrowing from:

Joseph Heath. The Structure of Hip Consumerism
http://www.chass.utoronto.ca/~jheath/hip%20consumerism.pdf
(basically, anti-establishment counter-culture IS the central ideology of consumerism)

Amartya Sen. "The Future of Identity" pardee lecture series
http://www.bu.edu/pardee/lectures/electures.html

and some others that dissapeared into the black hole of the net (a particularly good one deconstructed the various reasons why young and youth oriented people are motivated to get a tattoo).

48.
 
Re: RE: Last Yeti Flamingo Penguin Toss
Jun 22, 2004, 02:03
indiv
 
48.
Re: RE: Last Yeti Flamingo Penguin Toss Jun 22, 2004, 02:03
Jun 22, 2004, 02:03
 indiv
 
I think you get to go to other continents, but I am having trouble clearing level one.

Each continent is a separate game. The first 3 yetisports games are in Antartica (as you can see on the map), and then the 4th is Australia and the 5th is Africa.

http://www.yetisports.org/

47.
 
RE: Last Yeti Flamingo Penguin Toss
Jun 22, 2004, 01:07
47.
RE: Last Yeti Flamingo Penguin Toss Jun 22, 2004, 01:07
Jun 22, 2004, 01:07
 
Remeber that Yeti toss game from a couple days ago? The one where you are a Yeti in Africa tossing penguins? I think you get to go to other continents, but I am having trouble clearing level one.

The game is much richer than I thought with a cursory once over ... in addition to the bouncing snakes, there are hungry vegan girraffs, palm trees you can slide across, and something in the air besides teh pelican. The best toss is not always a perfect arc.

I can get about 2100 points/feet but don't know how much longer it is to the next continent. Any tips would be appreciated, especially if there are secret tips to getting ahead.

----
Call 1888-4-A-QUEEF (427-8333) for more info. [And pleese post what is says for people without phones.]
Avatar 11674
46.
 
WoW Beta Phase 3 Underway
Jun 21, 2004, 21:48
46.
WoW Beta Phase 3 Underway Jun 21, 2004, 21:48
Jun 21, 2004, 21:48
 
http://www.worldofwarcraft.com/

Phase Three of the World of Warcraft Beta Test has started, and we have randomly selected the next group of people to be added for this important phase of our testing process. Invitation emails will be sent out shortly, so please disable your junk mail filters and check your inboxes!

If you don’t hear from us for this phase, please note that there will be additional phases with more testers added in the weeks and months ahead. In addition to that, we will eventually be holding an Open Beta Test as well, during which many more people will have a chance to try out World of Warcraft prior to launch!


"In this dirty-minded world you are either somebody's wife or somebody's whore - or fast on your way to becoming one or the other. If you don't fit either category, then everybody tries to make you think there is something wrong with you."
- John Irving
"And then, suddenly and without warning, it turned into a real-life case of hungry, hungry hippos."
- Stephen Colbert
45.
 
Against Happiness
Jun 21, 2004, 20:10
45.
Against Happiness Jun 21, 2004, 20:10
Jun 21, 2004, 20:10
 
Interesting article. Just goes to show, the only people who are happy are the people that don't think.

Lose it? I didn't lose it. It's not like, "Whoops! Where'd my job go?" I QUIT.
Who knows but that, on the lower frequencies, I speak for you?
http://citizenb.com/ - Now at v1.1
44.
 
Spiderman India
Jun 21, 2004, 19:21
44.
Spiderman India Jun 21, 2004, 19:21
Jun 21, 2004, 19:21
 
As neat as it was they f@#$ing ripped off the custom design for the first Spiderman movie that was rejected and it was the best custom design for one.

In fact, they took the actually concept art and painted over which is really f@#$ing lame.

43.
 
OT - Cheerwine
Jun 21, 2004, 18:59
43.
OT - Cheerwine Jun 21, 2004, 18:59
Jun 21, 2004, 18:59
 
Well, I got the Cheerwine in the mail, and DAMN, that's some fine soda. I forgot who it was who recommended it, but whoever you are, thanks!

There's no place like 127.0.0.1
42.
 
Re: Kids
Jun 21, 2004, 18:08
42.
Re: Kids Jun 21, 2004, 18:08
Jun 21, 2004, 18:08
 
I saw that Frontline. One of the few that I've caught. It was pretty eye-opening. That show is very interesting. Wish they showed it in a timely manner on my local PBS channel. Guess I could watch them online now. If only I could get the propery broswer plug-ins to work in Opera Linux.


Lose it? I didn't lose it. It's not like, "Whoops! Where'd my job go?" I QUIT.
This comment was edited on Jun 21, 18:26.
Who knows but that, on the lower frequencies, I speak for you?
http://citizenb.com/ - Now at v1.1
41.
 
Re: Kids
Jun 21, 2004, 17:21
41.
Re: Kids Jun 21, 2004, 17:21
Jun 21, 2004, 17:21
 
Give that a look, complicity. Very interesting and somewhat scary.
Just finished watching it. It's a sad state of affairs, and so true that the world, especially for the 'teen demographic' is flooded in advertisements. I like to think that I'm not and have not been affected by advertising, but who knows anymore, they're pretty sneaky.

_____________
All governments suffer a recurring problem: Power attracts pathological personalities. It is not that power corrupts but that it is magnetic to the corruptible.
A message of hope to those who choose to hear it,
and a warning to those who do not.
40.
 
Re: blah
Jun 21, 2004, 16:41
Enahs
 
40.
Re: blah Jun 21, 2004, 16:41
Jun 21, 2004, 16:41
 Enahs
 
Who the hell wears a cape these days?

Well, if you must know... (glances in Enah's direction).

HA! I mean uh...looking sharp, dude!

Would the giant "E" on the back of the cape be backwards?

It is not a cape, just a pillow case! That is just my style! Though, when I get out of my car in dark sun-glasses with my pillow-cape flying in the wind, suddenly everybody sees me in slow-motion and I look BAD-ASS-BABY!

Though, now from nin’s comment I think I need a “E” on my back somewhere, I think I will get a “E” shaved in the back of my head circa late 80’s rap style! Man, you guys are full of such wonderful ideas!


When you click the "comments" link and go into this page, why are the comments ordered in a most-recently-posted fashion? I always haveto click all back to the first page and catch up from there. I think it would be better like how the UBB boards usually are, from older to newer.. no?
OsinO:
You can, though it takes a little (but easy work).

Once you are in the comment sections of wherever you want to be, just type this “&view=flatold” without the quote to the end of the URL/ADDRESS in the URL/ADDRESS bar, and hit enter, it will reload with newest last.


______________
A post by Enahs; the only difference between me and Jesus is he could walk on water.....sober.
I am free of all prejudice. I hate everyone equally.
- W. C. Fields
Avatar 15513
39.
 
Re: blah
Jun 21, 2004, 16:14
nin
39.
Re: blah Jun 21, 2004, 16:14
Jun 21, 2004, 16:14
nin
 
The images of the day both sucked.

"High Hopes" is a Pink Floyd song from The Division Bell...

There was a ragged band that followed in our footsteps
Running before time took our dreams away
Leaving the myriad small creatures trying to tie us to the ground
To a life consumed by slow decay

So that explains the picture...


There is the theory of the moebius, a twist in the fabric of space where time becomes a loop time becomes a loop time becomes a loop http://www.loopz.co.uk/
This comment was edited on Jun 21, 16:15.
38.
 
Re: Dead Lawn
Jun 21, 2004, 16:01
38.
Re: Dead Lawn Jun 21, 2004, 16:01
Jun 21, 2004, 16:01
 
You are my hero unaloony. One day I hope to write extensively on a topic that is not of significant importance and inspire another kid to go to law school

You cannot make anything fool-proof. The fools are too inventive
You cannot make anything fool-proof. The fools are too inventive

GW: Tr Gandhi (Ra), Shiva Sung (Mo), Mangal Pandey (Ne), Rana Pratap Singh (Wa), Boddhi Satwa (Ri), Bhagat Singh (De), Bahadur Shastri (Pa)
Avatar 11944
37.
 
Dead Lawn
Jun 21, 2004, 15:57
37.
Dead Lawn Jun 21, 2004, 15:57
Jun 21, 2004, 15:57
 
In this age of litigation over excessively heated coffee, and other such matters, I'm assuming you've concluded that it's not reasonable for you to sue, not that you've concluded you can't sue.

New York tort law isn't significantly different from tort law in any other state. Bar Examinations test 'multistate' law, i.e., laws that exist in all states.

The last time you brought up the subject of roof repairs, someone who had done roof repair contracting provided some very informative comments regarding the industry standard for roof repairs. I don't remember all the details, but, they mentioned the types of things that good roof repairers would do, and the types of things to watch out for from shoddy contractors. I bring this up because it probably wouldn't be very difficult for you to obtain a declaration from an 'expert' that lawn damage usually does not occur from roof repair absent some negligence. Such expert could probably also testify (in a written declaration) that shingles are treated with wood preservatives (most wood preservatives aren't good for plants).

For example, I imagine that roofers are required to properly dispose of old roofing materials .. to place the material in a bin or on top of some protective sheild/mat to prevent property damage caused by wood chips, nails, bits of tar, etc..

You probably do have a cause of action for negligence. Negligence is (1) the breach of a duty, (2) the duty is owed to you, and (3) you suffer damages as a result of the breach of that duty. The most common duty is the duty of due care not to cause foreseeable injury, sometimes called the duty to exercise reasonable care.

In building and contracting cases, building codes and legal requirements establish the standard of care. Thus, if you can find a law or regulating that roofers (or building contractors) are required to properly dispose of waste materials, you might establish a breach of the duty of care by evidence that the roofers did not cover your lawn with a protective sheild prior to throwing the shingles down on the lawn.

There's also a doctrine called, "Res Ipsa Loquitor" or 'the thing speaks for itself.' This doctrine dates from an old english case where a barrel of flour fell out of a window of a business and hit a passerby below. The Court determined that the business was liable because barrells do not fall out of windows unless someone is negligent. This doctrine is useful where something occurred causing damage, but, you don't know exactly how whatever it is that occurred happened. Under this theory, you'd allege that "lawns don't die as a result of roof repairs absent some negligence on teh part of the roofer."

You would of course need to look at the release of liability/indemnification agreement/contract with the roofers. Often contractors will use broad language that they can use to say that you contractually agreed not to sue them for the damage caused. Still, to escape liability based on contract, the language of the contract would have to be fairly specific as to damage caused to plants, gardens, lawns, etc, so that you knew, when you were signing the agreement, that the contractor would not be responsible for the specific property damages you sustained to your lawn.

Another thing to look at is whether you gave the contractor permission, express or implied, to dump roofing material directly onto your lawn. Did you tell the roofer he could dump material on teh lawn? If so, did you tell the roofer that he didn't need to use a protective covering to cover the lawn, and, if so, did the contractor make you aware of the risks?

All said and done, whether or not you want to sue depends largely upon the amount of money involved to replant your lawn. Probably, you'd want the topsoil removed to prevent damage to your new lawn. If it's less than 5k or so, you might wind up spending a samll fortune on attorney fees, not to mention a HUGE WASTE OF YOUR TIME. If less than 5k, you might consider doing it yourself in a small claims proceeding.

Before filing any lawsuit, however, try reasoning with the roofers. Explain that they didn't use a protective covering when disposing of roofing materials (or any other things an expert tells you should have been done) and that as a result, you lawn is damaged. Explain, as best you can, your legal basis for maintaining a legal action, and then request that they settle. They may realize their mistake and want to settle rather than face costly and time consuming litigation.

Other theories of liability might be simple trespass --(1) their entry (including the instrumentalities of shingles under their control)(2) onto your lawn (3) was without permission or in excess of the authority granted to them (i.e. they had permission to temporary place shingles on your lawn if they used a proper protective covering) and (4) you suffered damages to your lawn as a result of such entry. Some states, including California, have statutes dealing with trespass to crops authorizing double or treble damages, and, in some states, these laws have been applied to lawns and ornamental vegetation in addition to crops.

You may also have a chemical contamination of your lawn amounting to a nuisance -- conduct causing damage to your property which interferes with your ability to use and enjoy your property. It certainly wouldn't hurt, under the circumstances, to allege so.

Just on a very simplistic (and uniformed) analysis, you probably do have actions for trespass and negligence. If you're wondering whether to sue, it's probably because the damages are de-minimus, or, you forgot to water the lawn and there are plenty of other reasons why the lawn is dead besides the shingles.

The opinions presented herein are gratiutous statements for the purpose of general legal discussion and are not intended as legal advice. No attorney-client relationship exists as a result of the comments provided herein. The opinions presented herein are anonymous opinions of a fictional character which in no way should be construed as the opinions of an attorney.



----
Call 1888-4-A-QUEEF (427-8333) for more info. [And pleese post what is says for people without phones.]
Avatar 11674
36.
 
blah
Jun 21, 2004, 15:51
36.
blah Jun 21, 2004, 15:51
Jun 21, 2004, 15:51
 
The images of the day both sucked.

35.
 
Re: Kids
Jun 21, 2004, 15:50
35.
Re: Kids Jun 21, 2004, 15:50
Jun 21, 2004, 15:50
 
The Merchants of Cool
http://www.pbs.org/wgbh/pages/frontline/shows/cool/

Give that a look, complicity. Very interesting and somewhat scary. It's just amazing the kids these days can be duped so easily. Anti-establishment was our raison d'etre.


"In this dirty-minded world you are either somebody's wife or somebody's whore - or fast on your way to becoming one or the other. If you don't fit either category, then everybody tries to make you think there is something wrong with you."
- John Irving
"And then, suddenly and without warning, it turned into a real-life case of hungry, hungry hippos."
- Stephen Colbert
34.
 
Re: Kids
Jun 21, 2004, 14:49
34.
Re: Kids Jun 21, 2004, 14:49
Jun 21, 2004, 14:49
 
Legal disclaimer: All of these are said in a friendly, jokingly manner...
lmfao, you bastard.
"Did you get their (bus) numbers?"
That was the best one, I cracked up when I read it.

For the record, I went to the place to use the batting cage, because my batting has been just brutal in my league lately so I needed practice. The one I need (slo-pitch, woo!) was out of order, so I hit the patio instead. Bastard.

_____________
All governments suffer a recurring problem: Power attracts pathological personalities. It is not that power corrupts but that it is magnetic to the corruptible.
A message of hope to those who choose to hear it,
and a warning to those who do not.
33.
 
Re: Kids
Jun 21, 2004, 14:37
nin
33.
Re: Kids Jun 21, 2004, 14:37
Jun 21, 2004, 14:37
nin
 
I was out this morning and ended up at a local amusement-type park and had a couple of beers at lunch. It was also the day that a bunch of elementary schools brought busloads of kids for a fun day.

My question: when did 10-12 year-old girls start being allowed to wear bikinis & thongs to school functions?

Bring it.


Legal disclaimer: All of these are said in a friendly, jokingly manner...

"Or more frighteningly, how many beers did you have before you started checking them out?"

or

"So do you normally go to the amusement park, get drunk, and check out the jail bait?"

or

"You sir, take the phrase "amusement park" to a whole new level."

OR

"Did you get their (bus) numbers?"








There is the theory of the moebius, a twist in the fabric of space where time becomes a loop time becomes a loop time becomes a loop http://www.loopz.co.uk/
32.
 
Re: Kids
Jun 21, 2004, 14:30
32.
Re: Kids Jun 21, 2004, 14:30
Jun 21, 2004, 14:30
 
Ohhhhh...the slams I could make off of that comment.
Bring it.

_____________
All governments suffer a recurring problem: Power attracts pathological personalities. It is not that power corrupts but that it is magnetic to the corruptible.
A message of hope to those who choose to hear it,
and a warning to those who do not.
31.
 
Re: Kids
Jun 21, 2004, 14:26
nin
31.
Re: Kids Jun 21, 2004, 14:26
Jun 21, 2004, 14:26
nin
 
I was out this morning and ended up at a local amusement-type park and had a couple of beers at lunch. It was also the day that a bunch of elementary schools brought busloads of kids for a fun day.

My question: when did 10-12 year-old girls start being allowed to wear bikinis & thongs to school functions?



Ohhhhh...the slams I could make off of that comment. Like fish in a barrel, man...



There is the theory of the moebius, a twist in the fabric of space where time becomes a loop time becomes a loop time becomes a loop http://www.loopz.co.uk/
30.
 
Re: Kids
Jun 21, 2004, 14:17
30.
Re: Kids Jun 21, 2004, 14:17
Jun 21, 2004, 14:17
 
My question: when did 10-12 year-old girls start being allowed to wear bikinis & thongs to school functions?

On a sort of tangent, first, have a look at this story to get the context:

http://www.dslreports.com/shownews/46257

(Short version: A horrible crime involving a murdered child and a suspect who blames the Internet for making him do it triggers calls for URL filtering in Canada.)

Further down that page is a reply that may or may not be relevant, depending on how you see the issues involved:

"Reminds me of a great cartoon that was in National Lampoon. A guy walks into a porn shop and asks for pictures of twelve year-old girls in their underwear. The owner of the store tells him to go pick up a Sears catalog."



And this in the midst of a federal election there.


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