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11月22日 要善于寻找欢乐刘德华腔：“人们总问我，我有什么秘密，总能保持欢乐？其实秘密很简单，欢乐就在身边，只要你去寻找~~~——喜力啤酒，7 up！”
言归正传，其实我们平时都很辛苦，关键是要在最劳累、情绪最低落的时候给自己找到让自己开心的东西，调整好心态。举个例子：
这周每天都很忙，开会的时候也经常大脑一片混沌。不过昨天下午开会的时候，突然发现斜对面某香港投行的哥们有很生动的小动作：他伸出右手食指，戳进自己的鼻孔，左右转两圈，神情很专注的样子，然后抽出来，不加思索的将食指下移，放在牙齿那里仔细的咬一下，然后再戳进鼻孔，左右两圈、下移、咬一下......戳而后咬，咬而后戳，戳而后咬...... 于是我很开心的看着他，思考了一下，想，他可能也没有吃早饭...... 11月17日 历史档案解密中期回顾 自xxxx年研究生入学起已经两年了，两年时间如白驹过隙，转瞬即逝，研一的生活也还历历在目。回顾这两年，虽然知道自己的思想学习都已与读研前有着大的不同，但总觉得诚惶诚恐、忐忑不安，不知自己究竟作过什么、学过什么，于此中期考核之际，刚好以这个回顾的形式重新梳理一下两年的所得所获。
首先，在学习上尤其是专业课的学习上，个人以为研究生与本科生的区别在于本科学习的基本上是“法律”，强调对于“实然法”的了解以及对基本概念的掌握；而研究生则进入“法学”的学习阶段，此时所注重的是对“应然法”的推敲；本科阶段训练的是对基本概念的掌握、在典型领域对法律的理解和领会；而研究生阶段则更强调对分析能力和创造能力的提高、在模糊领域对法律的运用；因此本科更注重的是我国法律的规定，研究生阶段则站在高处看其他国家做法对我国法律的可能影响。
两年来我总是在想，我所要研究的法律和法学，究竟应当是个什么东西？研究法学的目的究竟为何？我以为法学研究的目的是为了更好地创设法律和执行法律，这样的根本目的在于将法律适用于社会生活中，因此法学研究绝对不应当总把理论摆在高高在上的地位而保证法学家们有了一个可供谋生的行当。法学研究应当首先立足于国内法的研究，不论是本国的国内法还是外国的国内法；而如果一昧叫嚷着自己在做国际法层面的研究而不考虑研究成果或对象的可实施性，那么这种研究就是无用的，就纯粹是为了“研究”而“研究”，失去了法学这个与实践联系最紧密的学科的意义。
于是在研究生阶段我比较侧重于对推理和分析方法的培养与加强，因为我认为，法学研究存在的必要在于法律适用过程中产生了认知和操作上的矛盾，这些矛盾存在的原因无非两个：一为对现有法律规定的解释存在差异；一为现有法律并未对现实问题做出（清晰）的规定。而解决这两点就需要我们认真思考法律解释的原则，寻找现有法律的包容性。基于这个思路，我总是在胡乱读书，有时候读些逻辑推理很强的文章和书本，例如《损害赔偿法原理》，培养自己演绎的能力；有时候读些英美法院的判例节选，熟悉他们归纳的方式；有时候读一些法理学著作，比如《西方法学名著选读》、《超越法律》；还有时候读些律师的文章和著作，比如《律师大会论文集》，了解在法律实务中是如何解释模糊的法律规定、填补法律漏洞的；甚至有时候读一些杂书，比如《史记通论》、《道德经》、《Business Strategy》、《哈佛谈判学》等，学习自己从宏观、辨证分析问题的能力。当然，分析、推理和创造力得以发挥的前提是准确的法律概念和法律基础，因此一些经典的民法和国际法著作，例如《民法总论》、《奥本海国际法》等也成为我常用的参考书。
在读书学习的过程中，我也有很多不足。首先就是看书总不能按计划坚持到底，原本打算将史尚宽先生的六本大部头逐一精读，但由于自身基础不够，在其晦涩的语言前早早投降，其书本最后仅成为我查找法律难题答案的工具书了，平时还复印了很多好书，但都不能坚持看完。往往是法学基础理论看一段时间，关于法理、思辨的著作又会看一段时间，不久就换另外一本基础理论书籍，再不久就又换成其他著作。正应了一句老话，贪多嚼不烂，书是看了不少，但一点也不敢说自己真的对哪本书融会贯通了。
此外，作为一个国际经济法方向的研究生，深感本人对于国际经济法的了解实在不够。首先是觉得国际经济法的大多数内容都是以公法为基础，其最终规定与其说是法的正义公平与秩序精神的体现，不如说是国家间经济实力的体现；从这一点说来，国际公法好歹还在很大程度上体现着主权平等的理念，而国际经济法就纯粹是大量的“法律规定”，毫无法理推理的大前提可言。何况国际经济法涵盖广泛，如果样样关心，则必定样样都不明了，如果只专一样，又会将大量的时间投入到人人都会做的资料汇编和分析上去，就我国的国际经济法文章来看，个人以为如果叫历史学或档案学的学者来研究，或许会更好一点。出于这种偏见，我总将公法性质的国际经济法归于国际关系和国际政治的范围内，因此学的不是很好。而如果国际经济法能够在一个国家直接适用，其研究方法与内容就又与国内法相同，很多学者为了突出“国际”二字，援用了大量的比较法的东西，堆砌了大量的他国立法例，却很少分析其引用的外国法的优越性与在内国的可实施性，个人以为这种思路与“外国的月亮更圆”如出一辙，所以也很少做此类研究。
除了在学习上以外，回顾研究生的两年生活，在思想上我还是认认真真听党的话；规规矩矩地行使权利，履行义务；在知悉有集体活动的前提下也基本上积极参加集体活动；热衷于在各bbs上发帖子和人讨论东西；关心他人团结同学，基本符合一个二年级研究生应当具有的形象和素质。 11月16日 也贺老汪老汪以每天5000个的速度精尽人亡，天心体恤降一女，于今日临世。众狗友奔走贺之，犬父虎女是今年仅次于狮子座流星雨的一个奇观。提笔记之。
老汪的闺女长大后，也许有一天点到某几个人的空间里，赫然发现自己出生那天被这么一群奇形怪状的妖人贺过，心里也许会泛出一丝郭襄的感觉吧，哈哈。 四有新人昨天读到一个文章，歌颂诸位捉刀代笔的大侠。里面提到有几个枪王，经史子集天文地理诺贝尔学科，随便什么内容什么深度要求，洋枪所指，莫敢不从。
于是热血澎湃，遥想干部当年给某茶农赚了个优秀，给某档案管理员也整过个什么什么，还出过若干考试题。一代江湖豪客，直如小李飞刀，于是博了个李作乐的名头。近年也不断有人要我捉刀代笔，可是无论从数量还是质量都不如当年。尤其让我悔恨的是，居然没有写过专业以外的东西。于是，决定粪发涂墙~做个15年前的自己，一名博士~~~学识广博之士~~~没事也写点高深的东西，比无病呻吟要来得好。
买书！ 11月10日 大日如来不动明王咒还不爽吗？每天都玩得挺爽。
爽了吗？躺在床上却总觉得失落。
果实、希望、叵测、恐惧、困难、绝望、勇气、自尊。八部天龙。
才知道自己前一段的前一段时间得了抑郁症，多疑和急脾气。难怪诸事不顺。以后要坚持听医嘱，努力克服，不再复发。 11月9日 For Candidates, Web Is Power And PoisonCandidates use the Internet to generate buzz, draw grass-roots support and raise record amounts of money. But in the intense, round-the-clock world of online presidential campaigning, the good comes with the bad.
"The pool of negativity is much bigger, and it spreads virally," said Mindy Finn, chief online strategist for former Massachusetts governor Mitt Romney's Republican presidential campaign. "The Web can be hateful."
Just ask Sen. Hillary Rodham Clinton .
Sites such as StopHerNow.com and AgainstHillary.com, funded by conservatives who have followed her political career since the 1990s, are easily searchable on Google. Unflattering online videos, including the "mash-up" page that portrayed the Democratic front-runner as an Orwellian Big Brother, are heavily viewed on YouTube. And Facebook, the online sociopolitical hub of the moment, is the unofficial capital of anti-Clinton country: One group, Stop Hillary Clinton, has more than half a million members, compared with the nearly 51,000 who have signed up as supporters on her Facebook profile. It's the largest group on Facebook against a candidate.
In many ways, the Web is more effective than television advertising and direct mail, the traditional methods campaigns and independent groups have used to try to define their opponents, political analysts say. It's cheaper, and it spreads information more quickly. But so far, anyway, its potential for affecting a presidential campaign is relatively untested.
"Imagine if the Swift Boat group posted their ad on YouTube before airing it on TV," said Victor Kamber, author of "Poison Politics: Are Negative Campaigns Destroying Democracy?" "With the enthusiasm that these campaigns are drawing right now, it'll be easy to find supporters who can spread whatever they want to spread -- and make sure that their fingertips are not on it."
Kamber was referring to the TV ads aimed at discrediting Sen. John F. Kerry's war record four years ago. Relatively few of the ads actually ran, but they were frequently rebroadcast on news and cable shows. On the Web, the ads had relatively little impact -- after all, YouTube, which popularized video sharing, wasn't born until February 2005.
On sites such as YouTube, humor, originality and, most of all, creativity are rewarded, setting a relatively high bar for getting noticed but opening up the possibilities of poking fun at opponents -- or possibly smearing them -- to virtually anyone.
Online negative campaigning dates back at least to 2000 and the e-mail chains that attacked Sen. John McCain and Vice President Al Gore. But there are far more weapons today. "You have to go multimedia when you're attacking now," said Kathleen Hall Jamieson, a longtime campaign expert who has studied negative ads. "Send an e-mail, embed a YouTube video, send a link to your site. It's much more sophisticated."
On the Web the technology is relatively simple, and it can be difficult to trace a blog or a video. Though Romney's campaign was linked to a site attacking former senator Fred D. Thompson (R-Tenn.), it was quickly taken down, and the bulk of attacks so far have been launched by amateurs, who are usually able to remain anonymous.
"Campaigns have no control on what's already out there and what will get out there," said Joe Rospars, new-media director for the campaign of Sen. Barack Obama.
The devastating impact last year of the "macaca" video on the Senate reelection campaign of George Allen (R-Va.) illustrated the kind of nightmare a candidate could face online. So far in 2007, the best example of a successful viral attack has been the March video targeting Clinton, inspired by an iconic 1984 Apple Computer commercial.
It casts the former first lady as the droning voice of totalitarianism, and it's one of many homemade YouTube videos ("Hillary Clinton Is Satan," "10 Things I Hate About Liberty, Starring Hillary Clinton") attacking her. A few days after the "1984"-themed anti-Clinton video was uploaded on YouTube, it was blogged, linked to and, weeks later, picked up by news organizations. It's been viewed more than 3.8 million times.
Phil de Vellis, who posted it anonymously before being identified by bloggers, came up with the idea while sitting in his Washington apartment. Its purpose, he said, was as clear as its title: "Vote Different." De Vellis was working for a Web design firm hired by the Obama campaign at the time, but he insists that he produced the video on his own.
"The video is effective because it says something that a lot of people, a lot of Democrats, are thinking but weren't saying. It hit a nerve," said de Vellis, 34, a lifelong Democrat who now works for a media company advising candidate Bill Richardson, the New Mexico governor.
Clinton is not the only candidate under attack on the Internet. The Five Brothers blog, where Romney's sons share personal details about their family, has been widely parodied. Obama's biography on Wikipedia, the write-it-yourself encyclopedia, has been vandalized numerous times; anonymous editors have inserted racial epithets, and "Obama" has sometimes been changed to "Osama." For months, former New York mayor Rudolph W. Giuliani (R) has had a YouTube problem. A New Yorker made a satirical video criticizing what he thinks is Giuliani's waning support on gay rights, and Brave New Films has regularly created ads, posted on its site and uploaded on YouTube, lambasting him.
Still, Clinton has been the biggest target by far, attacked by the left because of her centrist positions and by the right for her association with President Bill Clinton. Her campaign doesn't directly address the online hostility and points to the $8 million she raised online last quarter. Peter Daou, her Internet director, wrote in an e-mail: "Our campaign welcomes the diversity of views and vigorous debate that takes place online." But maybe not what Stephen DeMaura, then a senior at American University and now head of the New Hampshire Republican Party, started a month before the anti-Clinton "1984" video. DeMaura, 22, called it "Stop Hillary Clinton: (One Million Strong AGAINST Hillary)," a play on the Facebook group "Barack Obama: (One Million Strong for Barack)," which has 392,000 members.
Or such Facebook groups as "ANTI Hillary Clinton for President '08," which has 65,000 members, and "Hillary Clinton: Stop Running for President and Make Me a Sandwich," which lists 20,000. DeMaura writes in the group's page: "Democrats, Republicans, and Independents can now unite behind a single cause -- that of ensuring Hillary Clinton is not elected President of the United States."
As of yesterday, DeMaura's group had 543,000 members, 10,000 more than the week before. Glenn Hurowitz, a Democrat from D.C., is one of the group's newest members. A few weeks ago, the 29-year-old started Democratic Courage, a political action committee aimed solely at fighting Clinton.
"Fact is, the general population hasn't tuned in to this election yet, and the more people tune in, the more they'll know about Hillary Clinton, the less likely she'll get the nomination," said Hurowitz. "That's the beauty of the Internet. What might be bad for the candidates is good for people like me . . . trying to have an impact."
While the online animosity doesn't necessarily mirror the general public's view of Clinton -- she's solidified her lead in national polls, especially among Democratic voters -- it speaks to the extreme, love-her-or-hate-her reaction she evokes. In a recent Zogby poll, half of those surveyed said they would never vote for her. As with anything to do with Clinton, the reasons are complicated.
Some argue it's plain old-fashioned misogyny, especially since studies have shown that the political Internet is largely male. "The idea of a woman being president really rankles some people, and there's nothing she can do right in the wake of that," said Jane Hamsher of the liberal blog Firedoglake, one of the most prominent female bloggers.
And others point to Clinton's distinctive history: As the highest-profile candidate in the race, she's been in the national spotlight longer than anyone.
"Remember the 'vast right-wing conspiracy' that Hillary Clinton talked about in the late '90s? Well, it's the 'vast right-wing conspiracy' gone online -- and then some," said Peter Leyden of the New Politics Institute, a liberal think tank that helps Democrats take advantage of the Internet. "What the Web does so well is it picks up the early warning signals, the first glimmers of a movement. Think of the online world as kind of a more visceral connection to the zeitgeist."
If Clinton and Giuliani end up facing each other next November in the general election, "it will be like World War III on the Web," predicts Gregg Birnbaum, political editor of the New York Post and founder of JustHillary.com, an online aggregator of stories about the New York senator. "There's an enormous amount of historical material out there on both of them, and the virtual hand-to-hand combat would be something like we've never seen before," Birnbaum said. "All the videos, all the blogging -- all the Web allows." 11月6日 居朝霞不出门，晚霞行千里。那一天，我遇到了亮丽的火烧云。于是，在一个秋高云淡的清晨，踏着落叶、清风和阳光，我行千里。
于是，有了蜗居。
“Must lawyers be SINGLE animals?” Lawyers tend to have well… pretty crummy love lives. Many stay single. Many find themselves single again in midlife. With long hours and the high level of stress normal in this profession, many lawyers become over-worked and over-focused on work. This leads to less attention to their own personal well-being and the quality of their love relationships. Do these sound familiar?
The hellish hours and strenuous work pressure bring financial rewards and career advancement to be sure. But, what about the costs?—lost satisfaction gained from a loving relationship Is there a way to have a legal career plus love? Is there a middle way where lawyers can commit to their job and also have a love life? Consultants in the fields are fairly consistent about the key strategies required to maintain love relationships.
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