Writing Emotion

Certified Big Fat Meanie, transformative writer, and public school asbestos tile. Current blorbos: Hetalia, Metalocalypse, Oishinbo.

[deada55]

about me:

I'm a dork first and foremost and this is not therapy. this is not a substitue for therapy. this isn't jack shit

this is a sideblog and my main blog is Humiliating.

I got a creative writing minor to write better fanfic and I like to discuss the craft like I don't write fanfic

Any questions about grad school, US public schools, counseling, becoming a counselor, college, or anything I write here are AWESOME and you should say them in the askbox or in messages

[toomuchbloodinmyalcoholsystem]

I really, really love the details in this shot. The rack of clothes in the background, the posters, but most importantly, the table in the foreground. I just love how everything, absolutely everything, is covered in makeup. The full handprint (how'd you manage that?) on the kleenex box is my favorite. These boys are a disaster putting on and taking off their corpse paint. 😂

[nessa007]

[sufferingfeels]

Bob Flanagan: Supermasochist

[mephistopheles]

being single sucks [remembers that romantic love isnt the gleaming beacon of salvation that will fix the chasm within me] #mychasm #isupportmychasm [remembers not to trivialize my emotions] but it is painful to never have been deemed worthy of that kind of lasting love [remembers how many incels there are] but honestly you should be totally self-sufficient and never want anything ever [remembers that im evil] im evil

[deada55]

https://www.instagram.com/reel/Da1PF__sbTC/?igsh=MWVkNXlxeWY5djUwcw==

… well I guess it won’t just do it.

So here’s the other one I like.

View this post on Instagram

[deada55]

how has depression taken tumblr from me

[dloeza]

[codasac]

Another Dethklok art dump because its been a while. i think

i genuinely dont know what i have and havent posted at this point, i draw too much bs that it all blends it ok sorry.

[neechees]

I think its also ignorant and stupid to say that America wants to become "the big Israel", America was already doing that. You know, to MY people. Israel got their ideas from what America did to Native Americans. You know, my ethnicity. The ethnic group I belong to. And I'm also talking about racism in general yes but also racism that I face as a Native American. From America and Canada. But yeah I'M the tone deaf one

[rocketbirdie]

half asleep yamidoodle

[cristalplanetheart]

[bigbigtruck]

sucking at something is the first step to getting good at it

[mpdrolet]

[daily-memory-of-touch]

You thought this was a rabbit? They thought this was a rabbit. That's fucking funny bitch, this is fucking Winnie the fucking Pooh. Yeah. Yeah. Fuck 4th of July

[grumfy]

crazy that no one has posted that one football gif on tumblr yet

[grumfy]

i suppose i’ll do everything myself

[engravelives]

misc blue stamps graphics

[fishklok]

I know I made posts about Magnus’ potential criminal liability and potentially his civil liability under tort law, but something I haven’t fully considered is the amount of damages he’d likely need to pay Crystal Mountain Records for breach of contract

[fishklok]

I'll make a longer post when I care more, but:

Quick and dirty summary of Magnus' civil liability

(this is just me recalling my study material, since I'll have to memorize all this shit for the Bar and also I'm too lazy to get up and check my notes. Also different jurisdictions will have different approaches/standards to common law tort and contract liability. Again, this is just the bare bones.)

Dethklok v. Magnus

Battery (intentionally causing a harmful/offensive act to one's person causing damage.) Strongest claim bc Magnus literally stabbed Nathan. Magnus isn't making it out of this one alive (or at least not without significant fines).

Trespass to chattels/conversion (intentionally interfering with one's personal property and causing damage) Magnus' destruction of the apartment and all the stuff inside. Tacked conversion on too because some of the items Magnus' destroyed could have been fucked up so bad that he'd have to pay back the full market price (e.g. if the guitar he broke was limited edition or had some other unique quality).

I'm having trouble classifying Magnus' "revenge is coming" threat under tort law. It's not imminent enough to be assault (like if Nathan saw him say it as he was raising his knife), and it didn't seem to cause the reaction required for an intentional infliction of emotional distress claim. The property damage from the message could come up as a tort, but not the message itself. In a criminal case, it could be used as evidence of mental state for...all of Magnus' future actions (but I'm stopping myself before I start bringing evidence law into this, because there would be so many hurdles the message would have to clear and I'm already using my property law studying day to ramble about applying tort law to my favorite cartoon)

Magnus' claims (none are good but he can try)

Battery. Nathan did punch Magnus hard and repeatedly enough to cause permanent damage to his eye. However, Magnus was the aggressor. Magnus' counsel could argue that Nathan's retaliation was not proportionate because once Magnus was knocked to the ground and let go of the knife, the threat was gone. Plaintiff's counsel would just have to say "he stabbed him in the shoulder" and Magnus' counsel would consider quitting right there. (who are we kidding: if this goes to trial, Magnus is doing this pro se)

Defamation: Nathan called Magnus crazy. This is getting thrown out. (no harm to Magnus' reputation bc he doesn't have a reputation to harm)

Nuisance: Pickles was playing the wrong drum pattern. Judge is probably dismissing the entire case for that. (if the neighbors didn't raise a nuisance claim against them already, it's not happening now)

Anyway, here's my rough estimation of Magnus' damages with the band

Nathan's medical expenses

Repairing/replacing stuff in the apartment

Lost profits from the band not being able to use their instruments or not being able to work in general

Punitive damages

Not including the remedies for the breach of contract claim with Crystal Mountain (I'd love to analyze that too, but idk what the contract looks like).

My headcanon for how this would proceed: Magnus knows he can't afford this shit, Crystal Mountain knows Magnus knows he can't afford this shit. Crystal Mountain has lawyers, and the band has Charles. Magnus has nothing but a weak case that will make any judge and jury view him as a violent weirdo. Magnus is going to have to settle out of court. In exchange for either reducing damages or eliminating them altogether, Magnus has to sign away all of his rights to everything Dethklok-related and essentially write himself out of their history. The end. Alexa, play The Hammer (soft piano cover).