tag:blogger.com,1999:blog-84496847782508437532024-03-13T17:29:21.537-05:00The Traveling Legal PhilosopherThis blog was first designed to deal with issues of contemporary philosophy; I have since changed the focus to include various legal theories and issues, topics concerning new media and pretty much anything else I find a hankering to write about (including the Phish).AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-8449684778250843753.post-76267616938024409852013-08-22T21:32:00.001-05:002013-08-22T21:32:40.358-05:00map of rivers<div dir="ltr"><a href="http://i.imgur.com/IpTQOE4.jpg">http://i.imgur.com/IpTQOE4.jpg</a><br clear="all"><div><br></div>-- <br>Aaron John<div>Doctor of Jurisprudence Candidate, 2013</div><div>University of Nebraska College of Law<br> (Cell) 308.440.6762 <span style="font-family:arial,sans-serif;font-size:13px;border-collapse:collapse;color:rgb(136,136,136)">I</span> <a href="mailto:aajohn64@gmail.com" target="_blank">aajohn64@gmail.com</a></div> </div> AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-85643897364077040012013-01-23T08:38:00.002-06:002013-01-23T08:38:46.002-06:002 Steps in Rural DevelopmentYesterday I had the chance to hear Jeff Yost, Founder and CEO of Nebraska Community Foundation, talk about issues in rural development. He focused mainly on grass roots initiatives and detailed how NCF is working to enable and help communities build a more sustainable infrastructure.<br />
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One point that I thought was particularly interesting was when he began to analyze the beginning steps in community building. There is no doubt that many smaller Nebraskan communities will benefit from working with surrounding communities when it comes to larger more complex projects. The first step he called "bonding capital." Before a community can begin to work with other communities, or even start projects on their own, they must first take a look at who they are and where they are. The community must first look at what their own strengths and weakness are, what they do well and what they might benefit from collaborating and working with surrounding communities.<br />
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The second step would be to build "bridging capital." This involves working with surrounding communities and understanding what they do well and might offer your community, as well as, what their needs are and whether you are in a position to help them adequately address their needs.<br />
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This two-step process struck me as fairly simple but often overlooked. It is always a good idea to stop and take inventory of your own situation before you begin to accept help or try to offer help to others. Once a community sits down and really contemplates their own situation they are in a much better place to access what they need from other communities. <br />
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This process also helps the State address issues in rural communities because these communities will know exactly what they want and need rather than having the State address what they think the community will benefit from. This will in turn lead to a better allocation of public funds and a stronger sense of community in some of these places where that has begun to die out.<br />
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<br />AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-2137596054479472142013-01-21T11:49:00.001-06:002013-01-21T11:49:37.809-06:00Obama's Second InaugurationPresident Obama just gave his second inaugural address and I think two main themes jump out. <br />
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First, his commitment to climate change. I really hope we can begin to invest in clean energy and development. Investment in this industry undoubtedly includes a divestiture of our investments in fossil fuels. We cannot really promote a new clean energy economy while giving so much support to fossil fuel companies. I would like to see energy industry tax breaks decrease while promoting clean energy innovation and development around the nation.<br />
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The second main point that jumped out to me was President Obama's commitment to the LGBT community. He made it clear that we cannot say we stand for freedom, liberty, and equality while oppressing a group of individuals and allowing the law to classify them as a different group of citizens. I think this will be a very big step for equality and I hope to see our country and our laws start to recognize this equality.<br />
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Sorry for the sporadic content and nature of this post but I wanted to get down my thoughts before they left me.AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-73861654026557968282012-10-19T10:41:00.001-05:002012-10-19T10:41:45.624-05:00Surface Water and Groundwater Regulation<b id="internal-source-marker_0.48217928200028837"><span style="vertical-align: baseline;"><span style="font-family: Arial; font-size: large;"><span style="white-space: pre-wrap;">In Nebraska, Conflict Develops Over Water Appropriations both Above-ground and Below </span></span></span><br /><span style="color: #666666; font-family: Arial; font-size: 16px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">By Aaron John</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">Nebraska is not only in a conflict over water with other states, like Kansas and Colorado, but there is also conflict within the state over water appropriations. Groundwater and surface water users are finding themselves in a fight over who has claim to Nebraska’s water resources. Irrigation water is an essential element of the Nebraskan economy and some irrigators are feeling like the water has been taken literally right from under their feet.</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">As Nebraska water regulation developed there was little need to regulate groundwater use until 1949 when a Texas farmer changed the whole agriculture economy. That year, Frank Zybach invented a new way to distribute water to his farm fields known as center-pivot irrigation. This revolutionary new tactic made it possible for farmers to water crops using a groundwater well even when the field was not close to a stream or irrigation canal.</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">Through the proliferation of center-pivot irrigation systems in Nebraska and the lack of an adequate mechanism to reconcile the two systems or water use, Nebraskan farmers are finding out that water use doesn't always abide by the legal framework legislators attribute to watershed management.</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">Under Nebraska law, surface water users, those that use the water that is above ground, are regulated under a “first in time, first in right” system known as the prior appropriation system. A prior appropriation system regulates water users by the date in which they obtained a permit to use the water. As long as the water is being used for the same purpose, like agricultural irrigation, than the user with the most senior use permit is allowed to divert enough water to satisfy the limits of their permit.</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">The prior appropriation system is limited by three main distinctions. First, the system only applies to natural streams of the state and does not include drainage ditches. Secondly, differing uses of water are governed by a priority system whereby water used for domestic use carries the highest priority. After domestic use, agricultural uses take precedence over industrial or manufacturing uses. Finally, the prior appropriation system applies only to surface water users and not groundwater users.</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">Groundwater users, those that pull water up from below the surface, are regulated by a reasonable use system. Much like the surface water system, groundwater use gives first preference to domestic water users over agricultural users. Although, when two agricultural groundwater users are in conflict, the rule of reasonable use regulates their consumption.</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">The tension between the prior appropriation and the reasonable use systems develops when hydrologically connected groundwater and surface water becomes over appropriated. In some areas of Nebraska, farmers are finding out that when a groundwater well is situated close enough to a river basin the well begins to pull subsurface water from under the basin and causes the surface water to fill in this depletion. Surface water users are claiming that groundwater wells are literally taking the water right out from underneath their feet.</span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;"></span><br /><span style="font-family: Arial; font-size: 15px; font-weight: normal; vertical-align: baseline; white-space: pre-wrap;">Surface water users are calling for a regulatory system recognizing the need to address hydrologically connected watersheds. Currently, the Department of Natural Resources regulates surface water use and Natural Resource Districts regulate groundwater use. Surface water users are claiming that there needs to be a regulatory system that will ensure that their own water supply is not being taken from them while ensuring that both groundwater and surface water users are able to use water resources efficiently. </span></b>AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-20225528959900233122012-05-25T21:05:00.002-05:002012-05-25T21:05:15.438-05:00Here's a great video of one of the concerts from Hangout<br />
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<param name="movie" value="http://mediaservices.myspace.com/services/media/embed.aspx/m=108742611,t=1,mt=video"/>
<embed src="http://mediaservices.myspace.com/services/media/embed.aspx/m=108742611,t=1,mt=video" width="425" height="360" allowFullScreen="true" type="application/x-shockwave-flash" wmode="transparent"></embed></object>AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-26310123348725053012012-02-16T19:22:00.000-06:002012-02-16T19:22:47.780-06:00Digital Music Greatest HitsOk, so I've accepted this whole new music industry that incorporates online media. I stand completely behind sharing music online because I think it puts the control more in the artists' hands. Some people download music for free or listen to it on pandora, last.fm, youtube, whatever. I think this is fine if you give some support to the band and the industry in general. One way of giving to the band is to go see them live. This is the avenue by which I've chosen to give most of my support to bands. I love live music and I think digital media has helped to make live music more enjoyable and profitable.<br />
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I listen to Phish quite a bit and I think they have a great model. You buy a ticket to the show, have a great time, and then you get a free download of the show from phish live. This gives you a soundboard professional quality recording of the show you actually saw (and maybe don't remember for various reasons). Phish allows their phans to then take these recordings and trade with other phans in accordance with their policies. This I think helps build and sustain a pretty nice community of hippies.<br />
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Another way digital music has made live performances better is that it lets the band and users decide what songs are hits and worth listening to. I started thinking about this the other day when I started looking at some of the acts that I haven't heard that I will see at the hangout festival this summer. Instead of going to their website or trying to listen to them on the radio I went to youtube. There I found a wealth of music with comments and reviews from everyday listeners like myself. I think this allows people to decide what songs are the best and give a great snapshot of an artist. <br />
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This is where the greatest hits idea comes from. Phish does not really have "greatest hits" albums, but everyone knows the best jams. Because I can get live shows from bands I have never heard of before I can get a sense of how the concert will be and what songs a band loves to play. I love the fact that I can look through setlists and decide what songs will likely be played and listen to them. If I like it than I'll try out some more of their music, if I don't like it so much than at least I gave it a try and I know that I actually listened to what the artist wants to say about themselves instead of what some industry exec whats me to think about the band.<br />
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Please do not interpret my post to be authorizing or endorsing 'pirating' or any other illegal activity. I just think a new music industry is emerging and I'm excited to see where it heads. For me, I'm gonna try and give bands the benefit of the doubt. When I listen to a new band I've never heard I'm gonna listen to the songs that the band wants people to hear and what other listeners think are their best songs. In this respect, a new 'greatest hits' designation takes form shaped by the band and user input. That excites me.AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-56311508072550942222012-02-01T14:59:00.001-06:002012-02-01T14:59:06.698-06:00Long time, no see<div><p>Alright, its been a while since I've posted, I know. But I have a whole new set of interesting topics to discuss and I just got the mobile app for blogger so hopefully I will be more diligent. Discussions to follow.......</p>
</div>AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-18072710993700425232010-12-22T22:05:00.000-06:002010-12-22T22:05:01.932-06:00New PageIf you are reading the comment, you are most likely on the blog and noticing that there have been some changes. Which makes this notification a moot point. Either way, enjoy the new view.AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-89626850695284798622010-12-21T20:15:00.003-06:002010-12-21T23:03:10.492-06:00Christmas BreakMore than a month after I promised to write shortly I am back with too many ideas and too little specifics to write about. First of all, I'm feeling very Robert Goulet-ish while reading next to my mother's fireplace. Very homely. Anyway...<br /><br />The first topic I will discuss stems from the book I am currently reading. I found myself really intrigued by medical malpractice when we covered the professional standard of care in Torts class. I think the biggest reason why I became so concerned with the topic is because there was so much talk about tort reform before the passage of the health care bill, note I did not call it Obamacare, Republicans are really utilizing the Goebbels rhetoric with that one and this has become one of my greatest pet-peeves. If you have a legitimate problem with the plan, I will likely agree; although senseless name calling is not an intellectual endeavor. Sorry, I digress. Tort reform comes in many different forms and variations. Some measures seem certainly plausible, although I think the focus of the book attacks the more fundamental idea that the system needs changing. I've only just begun the book so I will be sure to write again once I finish.<br /><br />The second topic focuses more around current events. It seems that Congress thinks they have saved the internet today with a vote to 'promote' net neutrality. I have only recently begun to understand and educate myself on this topic. I am very grateful to be going to a law school that has a Telecom program and a very distinguished scholar on the topic, Marvin Ammori. It seems to me that the advancement made by Congress today was only nominal and did little to actually advance the idea of 'net neutrality'. By the way, I watched the news tonight and two journalists were attacking the name 'net neutrality'. I was not really under the impression that it was such an outdated term. I'm not sure if this is a semantic ploy or if there really is better terminology for the topics, so I will continue to use 'net neutrality' to refer to its original idea. <br /><br />I have two problems with the legislation as I understand it. First, it still allows companies to block competitor sites. Secondly, it allows device manufacturers to regulate the internet while placing rules on the service carrier. I think this is a good characterization of what I've read so far, although I will read more before I comment on these issues so I can make sure I have my facts straight.<br /><br />One issue that is clear however, is that Congress believes that certain measures are not as imperative with open-source devices, like Android. This is completely wrong. Open source devices merely allow better control over the software that is on the device. Net neutrality is talking about browsing Apple itunes as opposed to Rhapsody, or using Google instead of Bing. Open-source devices, and what some people refer to as 'rooting', refers to the actual browser on the device you are using or the app. This is completely off point and doesn't really seem to add anything in the discussion. <br /><br />Great example: I used to be able to use my HTC Incredible as a mobile hot-spot to connect my computer to the internet wirelessly. I had Verizon and did not pay for the broadband service 'tethering' that they wanted me to. Recently, they blocked the internet access to Incredible users by placing the block on the internet and no longer on the device (like when I had an old Blackberry). I have since 'rooted' my phone in efforts to install open-source software, ROMS, and new kernels. I am however, still restricted from using the 'tethering' service through my carrier, Verizon. This is perfectly fine, and I understand the reasoning. It really does take up so much more bandwidth and requires more from their network. The problem I have is that the issue is not with open-source devices or other ones. The issue lies with the Network's right to regulate how much of their network I use. <br /><br />Very few people have a problem with an internet provider saying "You download content like a University computer lab, we will charge you for all that usage." The problem that net neutrality tries to address is that these companies are trying to say "If you use Bing, your internet will be super-fast. If you use Google, it will be significantly slower. And don't even ask about using Skype, because you cannot." The point becomes, Comcast is engenieering their own internet. They are now offering a limited version of the internet. What if internet completely turned this way? Would it make sense? What if all I could watch was the "bed intruder video" and all my friend on AT&T could see was "Marcel the shell"? What if all you could use on Comcast was MySpace, Facebook on Verizon, and LinkedIn on AT&T? It seems like this would defeat the purpose of the internet.<br /><br />In closing, I know some of what I said was comical. Although, there are serious implications for this sort of monopolization and manipulation. Free market economics just suggests that we let it happen and everyone sign up for a new carrier that offers the whole internet. Is this necessary? I thought thats why the internet came about; unrestricted, open, a true "market place of ideas" (sorry for the cliche). Congress is in the process of greatly failing the citizens of the United States again. They are about to sell the internet to large corporations in the almighty name of re-election.<br /><br />Just remember: if you are an AT&T customer, you may only access Democratic websites, MSNBC, and your Iphone can only get Obama themes. If you use Verizon, get used to Fox News, the Palin Network, and Glenn Beck podcasts.<br /><br /><br /><br /><br /><br />Okay, I promise that the next time I write I will focus on a slightly more philosophical issue and less on some current event. I will also update on my progress in the Medical Malpractice book. Until thenAJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-7990258384709401922010-11-12T12:14:00.001-06:002010-11-12T12:16:06.728-06:00Lack in AttentionOk, so absolutely nothing is new on here but my life has chaged dramatically. I will be writing soon.<br /><br />-The lethargic authorAJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-39866248107837910452010-05-20T11:28:00.002-05:002010-05-20T11:35:36.420-05:00Ending My Undergrad CareerOk, now that tests have been made and everything is running good we can get down to business. This past semester I have been working on cognitive studies and reading about consciousness. I like views from Daniel Dennett and other materialists and seem to find my self cringing at dualists (even dualists in disguise). I am curretly working on writing an article that reflects the magnitude of the error made by Descartes. It is meant to argue that Dennett's heterophenomenology is a better alternative to understanding consciousness that Descartes' dualism. I am trying to keep an nonfoundationalist account of understanding and knowledge about consciousness while building a solid materialist account of consciousness. I am not convinced it will work, but we will see how it goes.AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-28892101614750658482010-05-20T11:10:00.001-05:002010-05-20T11:10:20.530-05:00Second TestThis is the second test. This one is from my blackberry.<p>-Aaron<br>Sent from my Verizon Wireless BlackBerryAJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-25641629588394252372010-05-20T11:07:00.000-05:002010-05-20T11:10:04.256-05:00Second TestThis is the second test. This one is from my blackberry.<p>-Aaron<br>Sent from my Verizon Wireless BlackBerryAJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0tag:blogger.com,1999:blog-8449684778250843753.post-34301838274097982302010-05-20T10:55:00.000-05:002010-05-20T10:56:42.386-05:00Starting UpThis is a test post to make sure everything looks good and to kind of learn how to use this whole blogging thing.AJohnhttp://www.blogger.com/profile/11365450646672259712noreply@blogger.com0