The Revenge of Palsgraf
If you're a lawyer or at least a second semester first year law student, you know what this tort case is and the kind of debate it elicits. Well, over at Mark Shea's blog, there's been some grumbling by Mr. Shea and various commenters about a ruling by a federal district court judge that the 9/11 terrorist attack was a "foreseeable risk." Such a ruling effectively opens the door for several civil lawsuits that have been filed by survivors of 9/11 victims against some of the airlines and airplane manufacturers whose planes got hijacked and destroyed.
As you'll see in his comment boxes, if you bother to look, I have initially taken what appears to be a minority position; that is, I think the judge's ruling might be correct, and that the airlines and manufacturers could be held liable for negligence. Since I haven't read Palsgraf in quite some time, I'm wondering if my position here falls under the Cardozo perspective on liability or the Andrews perspective. Little help from gallery.
Tuesday, September 09, 2003
Real Men...
protest Gay Day.
The group and site seem a bit too fundamentalist, but I think they're generally ok.
protest Gay Day.
The group and site seem a bit too fundamentalist, but I think they're generally ok.
It's Getting More Ridiculous
Taking her cue from the Alabama Ten Commandments monument case, a Texas woman is suing to remove a courthouse Bible display that is part of a tribute to a businessman who helped found a homeless shelter.
If this thing gets any traction, expect demands that government funded statues of Fr. Junipero Serra in California not have any rosary depictions on them, that the word "Father" not be included with "Junipero Serra," and that the statues not depict Fr. Serra with his Franciscan robes.
Taking her cue from the Alabama Ten Commandments monument case, a Texas woman is suing to remove a courthouse Bible display that is part of a tribute to a businessman who helped found a homeless shelter.
If this thing gets any traction, expect demands that government funded statues of Fr. Junipero Serra in California not have any rosary depictions on them, that the word "Father" not be included with "Junipero Serra," and that the statues not depict Fr. Serra with his Franciscan robes.
Saturday, September 06, 2003
It's Aiding and Abetting a Crime if You Ask Me
"Gray-out" Davis signs bill allowing illegals in California to get driver's licenses. When you read the article, notice that the only opponent of the bill who is quoted is from some organization called the European American Culture Council of Sacramento. Yeah, there is no liberal media bias.
"Gray-out" Davis signs bill allowing illegals in California to get driver's licenses. When you read the article, notice that the only opponent of the bill who is quoted is from some organization called the European American Culture Council of Sacramento. Yeah, there is no liberal media bias.
Friday, September 05, 2003
Why I Might Begrudgingly Vote for Ahnuld
Because it'll only take about 30% of the vote to win, there are way too many people running, the only legitimate pro-life and family candidate, Tom McClintock, probably can't win even if Arnie were to drop out, and I might be able to accept the rationalization that a vote for steroid-boy is a vote against Cruz "MEChA"mante and Gray Davis.
You know what's really sad? Three of the probable top vote getters, which includes Davis, are all (allegedly) Catholic, yet not one of them is pro-life.
Because it'll only take about 30% of the vote to win, there are way too many people running, the only legitimate pro-life and family candidate, Tom McClintock, probably can't win even if Arnie were to drop out, and I might be able to accept the rationalization that a vote for steroid-boy is a vote against Cruz "MEChA"mante and Gray Davis.
You know what's really sad? Three of the probable top vote getters, which includes Davis, are all (allegedly) Catholic, yet not one of them is pro-life.
USCCB Prez. Upholds Celibacy Requirement
In doing so, it was good to see Bishop Gregory point out that celibacy has nothing to do with America's priest shortage, and that several Protestant denominations also have a clerical shortage, even though ministers of such sects are free to marry. Want proof? Go here.
In doing so, it was good to see Bishop Gregory point out that celibacy has nothing to do with America's priest shortage, and that several Protestant denominations also have a clerical shortage, even though ministers of such sects are free to marry. Want proof? Go here.
Thursday, September 04, 2003
Show Suggestions
Looks as though Fox is running a contest where people can pitch their show ideas, and the best one gets produced. Given the popularity of so-called "reality shows," I think it might be cool to have a show that documents the experiences of first year (i.e., 1L) law students. If you think contestants on shows like Survivor are cutthroat, you should see what some first year law students will resort to in order to make the grade. It can be viscious.
Looks as though Fox is running a contest where people can pitch their show ideas, and the best one gets produced. Given the popularity of so-called "reality shows," I think it might be cool to have a show that documents the experiences of first year (i.e., 1L) law students. If you think contestants on shows like Survivor are cutthroat, you should see what some first year law students will resort to in order to make the grade. It can be viscious.
Bells of Saint Mary's
A nice little piece on a small town's successful effort to save a historic church building. However, the sentence about the church "being the only church in America to offer the traditional Latin Mass exclusively -- and twice daily -- with ecclesiastical approval" is not correct. Although it doesn't have official status as a parish yet, St. Stephen's in Sacramento is another ecclesiastically approved church that exclusively offers the traditional Latin Mass.
A nice little piece on a small town's successful effort to save a historic church building. However, the sentence about the church "being the only church in America to offer the traditional Latin Mass exclusively -- and twice daily -- with ecclesiastical approval" is not correct. Although it doesn't have official status as a parish yet, St. Stephen's in Sacramento is another ecclesiastically approved church that exclusively offers the traditional Latin Mass.
Maybe Next Time He Should Hand Out Condoms
The 3rd Circuit Cout of Appeals upholds a school's right to prohibit an elementary student from passing out pencils with a Christian religious message on them, even though they were only passed out during a holiday classroom party.
"As a general matter, the elementary school classroom, especially for kindergartners and first graders, is not a place for student advocacy. To require a school to permit the promotion of a specific message would infringe upon a school's legitimate area of control," Chief U.S. Circuit Judge Anthony J. Scirica wrote in Walz v. Egg Harbor Township Board of Education.
Real rabble rousers, those five and six year olds. Plus, who can really trust that they're going to throw away something that they don't want. Once again, Big Brother knows what is best.
The 3rd Circuit Cout of Appeals upholds a school's right to prohibit an elementary student from passing out pencils with a Christian religious message on them, even though they were only passed out during a holiday classroom party.
"As a general matter, the elementary school classroom, especially for kindergartners and first graders, is not a place for student advocacy. To require a school to permit the promotion of a specific message would infringe upon a school's legitimate area of control," Chief U.S. Circuit Judge Anthony J. Scirica wrote in Walz v. Egg Harbor Township Board of Education.
Real rabble rousers, those five and six year olds. Plus, who can really trust that they're going to throw away something that they don't want. Once again, Big Brother knows what is best.
Gray Davis on Death, Taxes and Republicans
From yesterday's Recall "debate" in Walnut Creek: "[Republicans] would rather shoot their mothers than raise any taxes"
Strange how a man who finds nothing wrong with killing preborn children would be morally outraged by someone who would intentionally kill his mother.
From yesterday's Recall "debate" in Walnut Creek: "[Republicans] would rather shoot their mothers than raise any taxes"
Strange how a man who finds nothing wrong with killing preborn children would be morally outraged by someone who would intentionally kill his mother.
Liberal Media Bias Example #2 Billion and Five
Lots of media attention on the execution of "pro-life" murderer Paul Hill and almost zippo on the motion to vacate filing by Sandra Cano, "Mary Doe" in Doe v. Bolton, the companion case to the more recognizable Roe v. Wade.
Lots of media attention on the execution of "pro-life" murderer Paul Hill and almost zippo on the motion to vacate filing by Sandra Cano, "Mary Doe" in Doe v. Bolton, the companion case to the more recognizable Roe v. Wade.
Wednesday, September 03, 2003
The Vatican and Science
Although it suggestively dispels the myth that the Church is anti-science, there are enough partial untruths that requires the reading of this article to be done in light of this tract.
Although it suggestively dispels the myth that the Church is anti-science, there are enough partial untruths that requires the reading of this article to be done in light of this tract.
Does Your Parish Display the American Flag?
I've been to parishes that do, but apprently it isn't widespread, as evidenced by this Letter to the Editor.
I've been to parishes that do, but apprently it isn't widespread, as evidenced by this Letter to the Editor.
I Should Have Done This to Get out of Jury Duty
Although mooning the jury didn't really get this guy off the hook for burglary and criminal assault.
Although mooning the jury didn't really get this guy off the hook for burglary and criminal assault.
CA State Senate Dems Tell Boy Scouts What to Believe
Your California tax dollars at work.
The legislation was sponsored by Assemblywoman Jackie Goldberg, D-Los Angeles, herself a lesbian.
"I think it's important for the state of California to speak up and not be silent, and to say to the Scouts, if you have a religious belief, that's your belief. But keep it separate from a youth-serving agency that serves kids in all neighborhoods," Goldberg told the paper. "I hope we put pressure on them to make this open to all kids. Anybody who knows me and my family knows we love scouting. This is out of concern for (Scouts)."
Your California tax dollars at work.
The legislation was sponsored by Assemblywoman Jackie Goldberg, D-Los Angeles, herself a lesbian.
"I think it's important for the state of California to speak up and not be silent, and to say to the Scouts, if you have a religious belief, that's your belief. But keep it separate from a youth-serving agency that serves kids in all neighborhoods," Goldberg told the paper. "I hope we put pressure on them to make this open to all kids. Anybody who knows me and my family knows we love scouting. This is out of concern for (Scouts)."
CA Dems: Drivers Licenses for Everbody!
The message being conveyed is clear: If it gets you votes, it's not illegal.
The message being conveyed is clear: If it gets you votes, it's not illegal.
Tuesday, September 02, 2003
Inmates on Death Row Get Life
By an 8-3 vote, the San Francisco-based 9th U.S. Circuit Court of Appeals said all condemned inmates sentenced by a judge should have their sentences commuted to life terms.
"By deciding that judges are not constitutionally permitted to decide whether defendants are eligible for the death penalty, the Supreme Court altered the fundamental bedrock principles applicable to capital murder trials," Judge Sidney R. Thomas wrote for the court.
Although I'm not an avid proponent of the death penalty, I'm a little troubled by the 9th Circuit's retroactive application of the cited Supreme Court decision (Ring v. Arizona). I'm not sure this was the Supreme Court's intent, but I guess we'll find out on appeal.
By an 8-3 vote, the San Francisco-based 9th U.S. Circuit Court of Appeals said all condemned inmates sentenced by a judge should have their sentences commuted to life terms.
"By deciding that judges are not constitutionally permitted to decide whether defendants are eligible for the death penalty, the Supreme Court altered the fundamental bedrock principles applicable to capital murder trials," Judge Sidney R. Thomas wrote for the court.
Although I'm not an avid proponent of the death penalty, I'm a little troubled by the 9th Circuit's retroactive application of the cited Supreme Court decision (Ring v. Arizona). I'm not sure this was the Supreme Court's intent, but I guess we'll find out on appeal.
Deeper and Deeper Into the Cultural Abyss
The Fox Network is planning a reality show based on people's divorce experiences. This is just plain sad.
The Fox Network is planning a reality show based on people's divorce experiences. This is just plain sad.
Isn't Life an Interest?
Ran across this statute in the California Civil Code:
43.1. A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child's interests in the event of the child's subsequent birth.
The applicability of this statute has generally been limited to personal injury cases. It would be kind of interesting, though, if someone could assert this statute in order to be appointed an unborn child's guardian ad litem for the purpose of stopping an abortion.
Ran across this statute in the California Civil Code:
43.1. A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child's interests in the event of the child's subsequent birth.
The applicability of this statute has generally been limited to personal injury cases. It would be kind of interesting, though, if someone could assert this statute in order to be appointed an unborn child's guardian ad litem for the purpose of stopping an abortion.
Friday, August 29, 2003
What Have You Been Smoking?!
I go to a local Kinko's here in Sacramento to get the Amicus Brief I was editing copied and bound. While writing out my order, the adolescent male desk clerk decides to engage in some idle chit chat with me and asks if I'm "ready" for the long weekend. To be polite I say that I am, and that I'll probably drive down to San Francisco to hang out with relatives. In response, the clerk tells me he thinks San Francisco is great, because of its rich and diverse culture. I generally agree with him and add that there's a lot more to do there than here in Sacto. Then right out of the pages of, I don't know, uninformed naivete, the obviously mushy-minded desk clerk says to me "Yeah, and you also don't get the 'hate-on' there (San Fran.) for thinking outside of the box."
Somewhat shocked by this comment, I almost wanted to rhetorically ask this kid if he thought a devout pro-life Catholic would ever have a snowball's chance in Hell to be elected Mayor of San Francisco. However, because I really wanted my order to be filled by the end of the day, I just kind of smiled and said I would be back later to pick up my materials.
The Youth of America, ladies and gentleman. Sigh.
I go to a local Kinko's here in Sacramento to get the Amicus Brief I was editing copied and bound. While writing out my order, the adolescent male desk clerk decides to engage in some idle chit chat with me and asks if I'm "ready" for the long weekend. To be polite I say that I am, and that I'll probably drive down to San Francisco to hang out with relatives. In response, the clerk tells me he thinks San Francisco is great, because of its rich and diverse culture. I generally agree with him and add that there's a lot more to do there than here in Sacto. Then right out of the pages of, I don't know, uninformed naivete, the obviously mushy-minded desk clerk says to me "Yeah, and you also don't get the 'hate-on' there (San Fran.) for thinking outside of the box."
Somewhat shocked by this comment, I almost wanted to rhetorically ask this kid if he thought a devout pro-life Catholic would ever have a snowball's chance in Hell to be elected Mayor of San Francisco. However, because I really wanted my order to be filled by the end of the day, I just kind of smiled and said I would be back later to pick up my materials.
The Youth of America, ladies and gentleman. Sigh.
Yes, Senator Schumer is a Grade A Moron
Guess who had the responsibility of overseeing the court ordered removal of the 10 Commandments monument in Alabama, even though he personally believed the ruling to be incorrect. Devout Catholic and Eleventh Circuit Court of Appeal nominee Bill Pryor, whom Sen. Schumer did not believe was capable of following the law if it conflicted with his religious beliefs.
Eat !#*% Chucky!
Guess who had the responsibility of overseeing the court ordered removal of the 10 Commandments monument in Alabama, even though he personally believed the ruling to be incorrect. Devout Catholic and Eleventh Circuit Court of Appeal nominee Bill Pryor, whom Sen. Schumer did not believe was capable of following the law if it conflicted with his religious beliefs.
Eat !#*% Chucky!
Where Have I Been?
I had no idea Prez. Bush had nominated California Supreme Court Justice Janice Brown to the D.C. Court of Appeals. Anyway, as expected, the hard Left has got its panties all wadded up over it.
"Janice Rogers Brown is the far right's dream judge," said Ralph G. Neas, president of People for the American Way. "She embodies Clarence Thomas's ideological extremism and Antonin Scalia's abrasiveness and right-wing activism."
Images of Charlie Brown listening to his teacher speak inaudible sounds pop up whenever I see these remarks.
I had no idea Prez. Bush had nominated California Supreme Court Justice Janice Brown to the D.C. Court of Appeals. Anyway, as expected, the hard Left has got its panties all wadded up over it.
"Janice Rogers Brown is the far right's dream judge," said Ralph G. Neas, president of People for the American Way. "She embodies Clarence Thomas's ideological extremism and Antonin Scalia's abrasiveness and right-wing activism."
Images of Charlie Brown listening to his teacher speak inaudible sounds pop up whenever I see these remarks.
Thursday, August 28, 2003
They're Back!
Well, it looks like the comment system is back up.
Can't really blog anything now, as I'm trying to edit an Amicus Brief in support of the Berkeley Sea Scouts. The brief will be filed with the California State Supreme Court. If you ever find yourself pulling this brief, don't expect to see my name on it, since I have a personal policy of never putting my name on anything that I haven't personally written.
Well, it looks like the comment system is back up.
Can't really blog anything now, as I'm trying to edit an Amicus Brief in support of the Berkeley Sea Scouts. The brief will be filed with the California State Supreme Court. If you ever find yourself pulling this brief, don't expect to see my name on it, since I have a personal policy of never putting my name on anything that I haven't personally written.
Tuesday, August 26, 2003
Can't We All Just Get Along?
Three Evo Protty giants, Dobson, Robertson, and Land, duke it out over the Judge Moore/Ten Commandments controversy.
Speaking on his daily Focus on the Family radio program, Dobson said he supports Alabama Chief Justice Roy Moore and "strongly" disagrees with evangelicals who have criticized Moore's legal strategy.
Robertson and Land both said that while they believe Moore's Ten Commandments display is constitutional, they think he should have obeyed a federal court order and removed the monument.
Three Evo Protty giants, Dobson, Robertson, and Land, duke it out over the Judge Moore/Ten Commandments controversy.
Speaking on his daily Focus on the Family radio program, Dobson said he supports Alabama Chief Justice Roy Moore and "strongly" disagrees with evangelicals who have criticized Moore's legal strategy.
Robertson and Land both said that while they believe Moore's Ten Commandments display is constitutional, they think he should have obeyed a federal court order and removed the monument.
Federal Court Says No Jesus in City Council Prayers
Surprisingly enough, this isn't a Ninth Circuit decision, although those leftist knucleheads did make a similar ruling last year in the case of Bacus v. Palo Verde School District.
Surprisingly enough, this isn't a Ninth Circuit decision, although those leftist knucleheads did make a similar ruling last year in the case of Bacus v. Palo Verde School District.
With Friends Like This...
[Mike]Tyson told "Access Hollywood" that [Kobe] Bryant needs to get things straightened out with his family. He said if Bryant ends up doing time, he's got to keep in mind "who's gonna come see him, who's gonna be in touch, who's gonna be in contact if anything happens."
My advice: Don't ask Mike for any appetizer suggestions. He might get "ear"ritated.
[Mike]Tyson told "Access Hollywood" that [Kobe] Bryant needs to get things straightened out with his family. He said if Bryant ends up doing time, he's got to keep in mind "who's gonna come see him, who's gonna be in touch, who's gonna be in contact if anything happens."
My advice: Don't ask Mike for any appetizer suggestions. He might get "ear"ritated.
Friday, August 22, 2003
Law School..Pfff!
Being that I am in the infancy of my legal career, I still have much to learn about the practical aspects of filing civil lawsuits. Some things take a while to pick up, like conducting an effective oral deposition. Others, however, are so simple, that I seriously wonder if I got my money's worth in law school. Just today, for instance, after 1 1/2 years of being a licensed attorney, I learned that rather than responding to every sentence and paragraph in a complaint that has been filed in California state court, an Answer can simply consist of a "General Denial" with some affirmative defenses. How long is a typical General Denial? About one, maybe two sentences that include invoking the General Denial statute (Civil Code of Procedure Section 431.30(d)) and words that effectively say "The Defendant generally denies everything the Plaintiff is whining about." Good thing I don't work with any paralegals, or else who knows how long it would have taken me to learn this.
Being that I am in the infancy of my legal career, I still have much to learn about the practical aspects of filing civil lawsuits. Some things take a while to pick up, like conducting an effective oral deposition. Others, however, are so simple, that I seriously wonder if I got my money's worth in law school. Just today, for instance, after 1 1/2 years of being a licensed attorney, I learned that rather than responding to every sentence and paragraph in a complaint that has been filed in California state court, an Answer can simply consist of a "General Denial" with some affirmative defenses. How long is a typical General Denial? About one, maybe two sentences that include invoking the General Denial statute (Civil Code of Procedure Section 431.30(d)) and words that effectively say "The Defendant generally denies everything the Plaintiff is whining about." Good thing I don't work with any paralegals, or else who knows how long it would have taken me to learn this.
Miss. High Court Says Fetus is a Person for Wrongful Death Claims
Although somewhat philosophically disingenuous (see quotes from Justice Smith) it's a good decision that sets useful precedence.
Check out, though, this vile quote from an attorney with the ACLU, who was "troubled" by the ruling:
"Anytime the fetus is recognizable as a person it chips away at the foundation of Roe."
Replace "fetus" with "Black African" and "Roe" with "Dred Scott", and you got yourself an honest to goodness supporter of human slavery.
Although somewhat philosophically disingenuous (see quotes from Justice Smith) it's a good decision that sets useful precedence.
Check out, though, this vile quote from an attorney with the ACLU, who was "troubled" by the ruling:
"Anytime the fetus is recognizable as a person it chips away at the foundation of Roe."
Replace "fetus" with "Black African" and "Roe" with "Dred Scott", and you got yourself an honest to goodness supporter of human slavery.
Thursday, August 21, 2003
Hello, Logic Line?
California Dems back strategy of campaigning against the recall and voting for Bustamante to replace Davis. This seems to make about as much sense as being personally against abortion, but supporting the right of a woman to choose an abortion. Silly liberal Dems.
California Dems back strategy of campaigning against the recall and voting for Bustamante to replace Davis. This seems to make about as much sense as being personally against abortion, but supporting the right of a woman to choose an abortion. Silly liberal Dems.
Once Suspected Murderer of Ex-Wife's Lover Stays on Ballot
No, it isn't OJ, but since we got a porn king, a stripper, and a four foot has been child actor running for governor, I'm half surprised it's not.
No, it isn't OJ, but since we got a porn king, a stripper, and a four foot has been child actor running for governor, I'm half surprised it's not.
Tuesday, August 19, 2003
Virginia to Pursue Sodomy Charges Against 26 Men
The twist in this situation is that every case involves an act of sodomy in public. Thus, the Lawrence decision won't prevent these men from being prosecuted, right? Not according to folks like the ACLU who say that because Virginia's anti-sodomy law doesn't make a distinction between private and public sodomy, Lawrence precludes enforcement of the statute.
Repent Justice Kennedy, repent.
The twist in this situation is that every case involves an act of sodomy in public. Thus, the Lawrence decision won't prevent these men from being prosecuted, right? Not according to folks like the ACLU who say that because Virginia's anti-sodomy law doesn't make a distinction between private and public sodomy, Lawrence precludes enforcement of the statute.
Repent Justice Kennedy, repent.
Monday, August 18, 2003
We're All Basically Single Issue Voters
In order to pass the stink test with me, a political candidate must have the correct position on the issue of life. If the person is not pro-life, he/she will not get my vote, even though we may agree on every other issue. "But," some of you may rhetorically ask, "why base your vote on just one issue? There's nothing anyone can do about abortion anyway. It's legal, and it's going to stay that way for a long time" My response: There isn't anyone who can repeal the federal civil rights laws prohibiting racial discrimination. Yet, I'm sure if a political candidate you would otherwise fully agree with were to expressly state he/she was a racial supremacist who thought all non-Caucasions were less than human, you wouldn't even consider voting for him/her.
In order to pass the stink test with me, a political candidate must have the correct position on the issue of life. If the person is not pro-life, he/she will not get my vote, even though we may agree on every other issue. "But," some of you may rhetorically ask, "why base your vote on just one issue? There's nothing anyone can do about abortion anyway. It's legal, and it's going to stay that way for a long time" My response: There isn't anyone who can repeal the federal civil rights laws prohibiting racial discrimination. Yet, I'm sure if a political candidate you would otherwise fully agree with were to expressly state he/she was a racial supremacist who thought all non-Caucasions were less than human, you wouldn't even consider voting for him/her.
Glass Half Full/Empty Situation
Good news: Publisher of Penthouse Magazine goes BK. Bad news: The magazine's financial woes stem mostly from the wide availability of porn on the Internet.
Good news: Publisher of Penthouse Magazine goes BK. Bad news: The magazine's financial woes stem mostly from the wide availability of porn on the Internet.
Fish Wars
From the goofballs at Larknews.com: Motorists displaying IXOYE and Darwin "fish" symbols rumble.
You know, if you think about it, those Darwin fish symbols are pretty demeaning in that they are obviously meant to mock Christianity. If a person openly diplayed a symbol mocking Judaism or even Islam, how long do you think that person could go without incurring any kind of intense public chastisement? Such hypocrisy.
From the goofballs at Larknews.com: Motorists displaying IXOYE and Darwin "fish" symbols rumble.
You know, if you think about it, those Darwin fish symbols are pretty demeaning in that they are obviously meant to mock Christianity. If a person openly diplayed a symbol mocking Judaism or even Islam, how long do you think that person could go without incurring any kind of intense public chastisement? Such hypocrisy.
Friday, August 15, 2003
See Lawrence v. Texas
It didn't take very long for a polygamist to try and use the Lawrence sodomy case in support of his warped lifestyle. The court didn't buy it here, but you gotta know this kind of issue isn't going to go away. It's not in the nature of the Lawrence decision for this to happen.
It didn't take very long for a polygamist to try and use the Lawrence sodomy case in support of his warped lifestyle. The court didn't buy it here, but you gotta know this kind of issue isn't going to go away. It's not in the nature of the Lawrence decision for this to happen.
Nice Idea, But It's Not That Simple
This is pure speculation, but I'm guessing Joe Murray isn't Catholic, otherwise he would know that public excommunications by the Church are rare and seem to only occur when a schism on the scale of Martin Luther or Archbishop Lefebvre is being promoted. Also, a Catholic essentially excommunicates himself when he knowingly refuses to repent from a grave or mortal sin. Nice sentiment, though.
For too long Christians in positions of authority, particularly those proclaiming membership in the communion of the Catholic Church, have separated their Catholic obligations from their public responsibilities. Justice Kennedy celebrates homosexual sodomy, Senator Ted Kennedy advocates for increased abortion rights, and the list goes on and on. It is now time for the Catholic Church to stand up and defend the faith. It is time for the Church to excommunicate such cafeteria Catholics from communion with the Church -- and it should start with Justice Kennedy.
This is pure speculation, but I'm guessing Joe Murray isn't Catholic, otherwise he would know that public excommunications by the Church are rare and seem to only occur when a schism on the scale of Martin Luther or Archbishop Lefebvre is being promoted. Also, a Catholic essentially excommunicates himself when he knowingly refuses to repent from a grave or mortal sin. Nice sentiment, though.
For too long Christians in positions of authority, particularly those proclaiming membership in the communion of the Catholic Church, have separated their Catholic obligations from their public responsibilities. Justice Kennedy celebrates homosexual sodomy, Senator Ted Kennedy advocates for increased abortion rights, and the list goes on and on. It is now time for the Catholic Church to stand up and defend the faith. It is time for the Church to excommunicate such cafeteria Catholics from communion with the Church -- and it should start with Justice Kennedy.
The (R) by His Name Means Nothing
First Ahnold chooses billionaire and noted supporter of Planned Parenthood Warren Buffet to be his financial policy guru, now he's allowing well-known actor, Democrat and child molester Rob Lowe to be the co-chair of his campaign. Men and women of good conscience in California, I beseech you to look beyond celebrity and party designation, and support a candidate who stands for and upholds traditional moral values. If you're not going hold someone like Ahnold up to this, then you better never criticize anyone who would politically support someone like David Duke or Louis Farrakkan (sp?).
Update: Turns out Rob "Almost Roman Polanski" Lowe has signed on as a "Senior Advisor" for the Scharzinfinosfn... campaign.
First Ahnold chooses billionaire and noted supporter of Planned Parenthood Warren Buffet to be his financial policy guru, now he's allowing well-known actor, Democrat and child molester Rob Lowe to be the co-chair of his campaign. Men and women of good conscience in California, I beseech you to look beyond celebrity and party designation, and support a candidate who stands for and upholds traditional moral values. If you're not going hold someone like Ahnold up to this, then you better never criticize anyone who would politically support someone like David Duke or Louis Farrakkan (sp?).
Update: Turns out Rob "Almost Roman Polanski" Lowe has signed on as a "Senior Advisor" for the Scharzinfinosfn... campaign.
Good Thing I Wasn't a Voting Juror
The defendants in the murder trial I was an alternate juror on were found guilty. Although it is possible I could have changed my mind after reviewing all the evidence again, I don't think I would have voted to convict based on everything I can remember hearing and seeing. Bottom line is that I don't believe the prosecutor satisfactorily proved beyond a reasonable doubt that the defendents (who by all other accounts are dirtbags) intentionally, with premeditation and deliberation, aided and abetted a murder. At the cost of appearing pretentious and self-important, I can only speculate what kind of influence I would have had on the other jurors if I was allowed to participate in deliberations.
The defendants in the murder trial I was an alternate juror on were found guilty. Although it is possible I could have changed my mind after reviewing all the evidence again, I don't think I would have voted to convict based on everything I can remember hearing and seeing. Bottom line is that I don't believe the prosecutor satisfactorily proved beyond a reasonable doubt that the defendents (who by all other accounts are dirtbags) intentionally, with premeditation and deliberation, aided and abetted a murder. At the cost of appearing pretentious and self-important, I can only speculate what kind of influence I would have had on the other jurors if I was allowed to participate in deliberations.
Wednesday, August 13, 2003
New Yahk Sued for Unlawful Discrimination
A few weeks ago, New York City Mayor Michael Bloomberg announced that the City authorized 3.2 million dollars to establish the Harvey Milk School as the first publicly funded LGBTQ school in America. The money diverted to the School was taken from the capital expansion funds, and thus much needed capital expenditures for needy schools have suffered.
[editor's note: LGBTQ=Lesbian/Gay/Bisexual/Transgender/Queer]
...
The lawsuit challenges the validity of the public school. New York Chancellor Regulation A-830 requires an equal education opportunity and prohibits discrimination based on “sexual orientation.” Thus the School, which discriminates against heterosexuals, violates the Regulation.
A few weeks ago, New York City Mayor Michael Bloomberg announced that the City authorized 3.2 million dollars to establish the Harvey Milk School as the first publicly funded LGBTQ school in America. The money diverted to the School was taken from the capital expansion funds, and thus much needed capital expenditures for needy schools have suffered.
[editor's note: LGBTQ=Lesbian/Gay/Bisexual/Transgender/Queer]
...
The lawsuit challenges the validity of the public school. New York Chancellor Regulation A-830 requires an equal education opportunity and prohibits discrimination based on “sexual orientation.” Thus the School, which discriminates against heterosexuals, violates the Regulation.
Tuesday, August 12, 2003
Friday, August 08, 2003
It's Finally Over (pretty much)
Except for being on call in case three jurors can't make it through deliberations, my jury obligations are finally over. Unless it gets press coverage, I unfortunately won't be able to find out what the verdict is because the courthouse is too far from my office, and there is no way I can take off from work.
Even though the case I was on took almost a month, I should probably count my lucky stars that the date of my service started when it did, because going on the same building was the jury selection for Al Davis' lawsuit against the City of Oakland. (In case you don't know, Al Davis is the owner of the Oakland Raiders football team.) You can bet that baby is going to take a few months to get done.
Except for being on call in case three jurors can't make it through deliberations, my jury obligations are finally over. Unless it gets press coverage, I unfortunately won't be able to find out what the verdict is because the courthouse is too far from my office, and there is no way I can take off from work.
Even though the case I was on took almost a month, I should probably count my lucky stars that the date of my service started when it did, because going on the same building was the jury selection for Al Davis' lawsuit against the City of Oakland. (In case you don't know, Al Davis is the owner of the Oakland Raiders football team.) You can bet that baby is going to take a few months to get done.
CBS Sucks
Rivaled only by the ineptness of The New York Times, the "eye network" is called on the carpet for falsely reporting that the Vatican had a document and rule that required silence in priest sex abuse cases.
Rivaled only by the ineptness of The New York Times, the "eye network" is called on the carpet for falsely reporting that the Vatican had a document and rule that required silence in priest sex abuse cases.
Thursday, August 07, 2003
Monday, August 04, 2003
Sovereignty Shmovereignty
Justice Ruth Buzzy Ginsberg says citing more international case law for Supreme Court decisions is a good thing.
"Our island or lone ranger mentality is beginning to change," Ginsburg said during a speech to the American Constitution Society, a liberal lawyers group holding its first convention.
Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.
Justice Ruth Buzzy Ginsberg says citing more international case law for Supreme Court decisions is a good thing.
"Our island or lone ranger mentality is beginning to change," Ginsburg said during a speech to the American Constitution Society, a liberal lawyers group holding its first convention.
Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.
Friday, August 01, 2003
This is Asinine
A Federal District Court judge has ruled that the City of San Diego's longtime lease of public land to the Boy Scouts is unconstitutional because the Scouts are a religious organization. That's right. Apparently, if you are a group that excludes atheists and homosexuals from membership, you are, according to U.S. District Judge Napoleon Jones Jr., a religious institution.
A Federal District Court judge has ruled that the City of San Diego's longtime lease of public land to the Boy Scouts is unconstitutional because the Scouts are a religious organization. That's right. Apparently, if you are a group that excludes atheists and homosexuals from membership, you are, according to U.S. District Judge Napoleon Jones Jr., a religious institution.
It He's Elected, I'm Moving
Porn king Larry Flynt wants to rule California.
The Hustler magazine publisher has filed initial paperwork to run in the gubernatorial recall election and says he may spend a large amount of his own money if people take his candidacy seriously.
Porn king Larry Flynt wants to rule California.
The Hustler magazine publisher has filed initial paperwork to run in the gubernatorial recall election and says he may spend a large amount of his own money if people take his candidacy seriously.
Monday, July 28, 2003
Is Dubya Conservative?
It may seem to be a no-brainer, but after reading this editorial by George Will, you might have second thoughts.
Money quote: How do you say "Souter" in Spanish? "Gonzales."
It may seem to be a no-brainer, but after reading this editorial by George Will, you might have second thoughts.
Money quote: How do you say "Souter" in Spanish? "Gonzales."
Vatican to Issue Instructions Regarding "Gay Marriages"
Let's hope the language is stern and definitive, and leaves no room for arguements that the instructions are just mere suggestions.
The instructions are in a document prepared by the Church's guardian of orthodoxy, the Congregation for the Doctrine of the Faith.
It is titled, Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons.
Pope John Paul and top Vatican officials have been speaking out for months against legislative proposals to legalise same-sex marriages in Europe, North America and elsewhere.
Let's hope the language is stern and definitive, and leaves no room for arguements that the instructions are just mere suggestions.
The instructions are in a document prepared by the Church's guardian of orthodoxy, the Congregation for the Doctrine of the Faith.
It is titled, Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons.
Pope John Paul and top Vatican officials have been speaking out for months against legislative proposals to legalise same-sex marriages in Europe, North America and elsewhere.
Saturday, July 26, 2003
Thursday, July 24, 2003
It's Almost Like Having a Coach on the Playing Field
Contrary to my expectations, I have been chosen to serve as an alternate juror in a criminal case. My theory for why this has occurred is as follows: The jury selection process had been dragging on for three days, it was getting near the end of the work day when I was finally called to be interviewed, the case is not expected to go longer than a week and a half, the 12 member jury had just been set, and alternate jurors don't get to vote. Taken all together, I guess the attorneys in the case just didn't really care that I'm a lawyer. Nevertheless, once the trial is over, I think I'm going to ask the attorneys why they decided to leave me in as an alternate at the risk of my having to become a voting juror and influencing how other jurors vote.
Contrary to my expectations, I have been chosen to serve as an alternate juror in a criminal case. My theory for why this has occurred is as follows: The jury selection process had been dragging on for three days, it was getting near the end of the work day when I was finally called to be interviewed, the case is not expected to go longer than a week and a half, the 12 member jury had just been set, and alternate jurors don't get to vote. Taken all together, I guess the attorneys in the case just didn't really care that I'm a lawyer. Nevertheless, once the trial is over, I think I'm going to ask the attorneys why they decided to leave me in as an alternate at the risk of my having to become a voting juror and influencing how other jurors vote.
Tuesday, July 15, 2003
New Lows in Our Ever Declining Culture
Hunting for Bambi is the brainchild of Michael Burdick. Men pay anywhere from $5000 to $10,000 for the chance to come to the middle of the desert to shoot what they call "Bambis" with a paint ball gun. Burdick says men have come from as far away as Germany. The men get a video tape of their hunt to take home and show their friends.
What are "Bambis" you may ask? Click here to read the full story. It's pretty sad...and disturbing.
Hunting for Bambi is the brainchild of Michael Burdick. Men pay anywhere from $5000 to $10,000 for the chance to come to the middle of the desert to shoot what they call "Bambis" with a paint ball gun. Burdick says men have come from as far away as Germany. The men get a video tape of their hunt to take home and show their friends.
What are "Bambis" you may ask? Click here to read the full story. It's pretty sad...and disturbing.
Thursday, July 10, 2003
It Could Be Pure (P)BS
Anyone catch a glimpse of the Martin Luther docudrama? I understand it's pretty one-sided (i.e., anti-Catholic).
Anyone catch a glimpse of the Martin Luther docudrama? I understand it's pretty one-sided (i.e., anti-Catholic).
Tuesday, July 08, 2003
Wednesday, July 02, 2003
Consecrated Virgins: Not Just Nuns
Since this article limits its discussion to women, I'd be kind of curious to know if lay men ever do this.
Since this article limits its discussion to women, I'd be kind of curious to know if lay men ever do this.
Monday, June 30, 2003
Sunday, June 29, 2003
Human Dignity?
I was watching a Sunday talking heads show this morning, and of course one of the topics of discussion was the Supreme Court's recent decision to make same-sex sodomy a constitutional right. In typically evading any discussion of the Court's end-run on Tenth Amendment, and the fact that there is no right to privacy in the Constitution, one of the left-liberal talking heads said that he supported the Court's decision because the law in question had "oppressed" homosexuals by depriving them of their human dignity. I heard this and thought to myself, how is a homosexually oriented person's dignity being suppressed by a law that prohibits behavior that is intrinsically undignified? Sad is the day when our society and culture includes within the standard of human dignity conduct that is both biologically and morally unnatural. Oro pro nobis.
I was watching a Sunday talking heads show this morning, and of course one of the topics of discussion was the Supreme Court's recent decision to make same-sex sodomy a constitutional right. In typically evading any discussion of the Court's end-run on Tenth Amendment, and the fact that there is no right to privacy in the Constitution, one of the left-liberal talking heads said that he supported the Court's decision because the law in question had "oppressed" homosexuals by depriving them of their human dignity. I heard this and thought to myself, how is a homosexually oriented person's dignity being suppressed by a law that prohibits behavior that is intrinsically undignified? Sad is the day when our society and culture includes within the standard of human dignity conduct that is both biologically and morally unnatural. Oro pro nobis.
Friday, June 27, 2003
Conservative Court?
The Rehnquist Court is often depicted by Democrats and liberals as being "conservative" because seven of the nine current justices were appointed by Republican Presidents. But if you were to survey its decisions over the past several years on social hot button issues like abortion, affirmative action and gay sodomy, the Court has been anything but conservative. Thus, the Left ought to stop wringing its hands about the possibility of Bush appointing a new Supreme Court justice. If anyone should be expressing concern, its conservatives like myself who don't want to see another Souter, Stevens, O'Connor, and Kennedy appointed.
Come to think of it, given the rich history of Republican Presidents naming liberal activist justices to the Supreme Court (Earl Warren was an Eisenhower appointment and Harry Blackmun, the author of Roe v. Wade, was appointed by Nixon) I'm suprised more liberal Democrats don't vote for Republican Presidential candidates.
The Rehnquist Court is often depicted by Democrats and liberals as being "conservative" because seven of the nine current justices were appointed by Republican Presidents. But if you were to survey its decisions over the past several years on social hot button issues like abortion, affirmative action and gay sodomy, the Court has been anything but conservative. Thus, the Left ought to stop wringing its hands about the possibility of Bush appointing a new Supreme Court justice. If anyone should be expressing concern, its conservatives like myself who don't want to see another Souter, Stevens, O'Connor, and Kennedy appointed.
Come to think of it, given the rich history of Republican Presidents naming liberal activist justices to the Supreme Court (Earl Warren was an Eisenhower appointment and Harry Blackmun, the author of Roe v. Wade, was appointed by Nixon) I'm suprised more liberal Democrats don't vote for Republican Presidential candidates.
Thursday, June 26, 2003
California SOL on SOL Law
With direct impact on the Situation, the SCOTUS strikes down a California law that retroactively eliminated the statute of limitations for criminal cases involving child molestation.
With direct impact on the Situation, the SCOTUS strikes down a California law that retroactively eliminated the statute of limitations for criminal cases involving child molestation.
Throwin' the Baby Out with the Bath Water
While I wasn't surprised to learn today that the SCOTUS had struck down Texas' anti-sodomy law, I was thrown for a loop when I read that the Court did it by overturning Bowers v. Hardwick, a SCOTUS case from 1986 which had basically held that there was no fundamental right to engage in homosexual conduct. Wow.
While I wasn't surprised to learn today that the SCOTUS had struck down Texas' anti-sodomy law, I was thrown for a loop when I read that the Court did it by overturning Bowers v. Hardwick, a SCOTUS case from 1986 which had basically held that there was no fundamental right to engage in homosexual conduct. Wow.
Wednesday, June 25, 2003
Rape Victim Allowed to Give Birth to Child
More or less sidestepping the issue of whether a pre-born child can be appointed a guardian, a Flori(duh) judge approves a retarded rape victim's medical plan that says carrying her pregnancy to term is in her best interest.
More or less sidestepping the issue of whether a pre-born child can be appointed a guardian, a Flori(duh) judge approves a retarded rape victim's medical plan that says carrying her pregnancy to term is in her best interest.
Latest (Personal) Religious Liberty News
In a case that I am involved in from a representational standpoint, a federal district court judge in So. Cal. has ruled that Section 2(a) of the Religious Land Use and Institutionalized Persons Act (RLUIPA), as applied through Section 2(a)(2)(C) of said statute, is unconstitutional. Harkening back to the rationale used by the SCOTUS to strike down the Religious Freedom and Restoration Act the federal judge in my case basically said that in enacting the RLUIPA, or the portion that he just struck down, Congress exceeded its constitutional authority.
Next stop -- the Ninth Circuit Court of Appeals.
In a case that I am involved in from a representational standpoint, a federal district court judge in So. Cal. has ruled that Section 2(a) of the Religious Land Use and Institutionalized Persons Act (RLUIPA), as applied through Section 2(a)(2)(C) of said statute, is unconstitutional. Harkening back to the rationale used by the SCOTUS to strike down the Religious Freedom and Restoration Act the federal judge in my case basically said that in enacting the RLUIPA, or the portion that he just struck down, Congress exceeded its constitutional authority.
Next stop -- the Ninth Circuit Court of Appeals.
If Anyone Should be Investigated and Prosecuted Under RICO...
...it ought to be the baby butchers at Planned Parenthood. How many botched abortions have they committed and covered up? How systematic is the failure by Planned Parenthood clinics to fully inform prospective clients on the health risks of obtaining an abortion? Are you listening John Ashcroft?
...it ought to be the baby butchers at Planned Parenthood. How many botched abortions have they committed and covered up? How systematic is the failure by Planned Parenthood clinics to fully inform prospective clients on the health risks of obtaining an abortion? Are you listening John Ashcroft?
Tuesday, June 24, 2003
New PC Term for Left-Liberal Racism
"Positive Race Bias" -- first seen or heard (by me, at least) here.
"Positive Race Bias" -- first seen or heard (by me, at least) here.
Monday, June 23, 2003
Latest From SCOTUS
Internet filters in public libaries ok, affirmative action in public universities more or less ok, state anti-sodomy laws -- decision likely to come on Thursday (if it is struck down, it will likely be on Equal Protection grounds because the law in question is limited to same sex sodomizers).
Internet filters in public libaries ok, affirmative action in public universities more or less ok, state anti-sodomy laws -- decision likely to come on Thursday (if it is struck down, it will likely be on Equal Protection grounds because the law in question is limited to same sex sodomizers).
Friday, June 20, 2003
To Hell With The Establishment Clause!
Content to ascribe the bad acts of several bishops on the whole hierarchy, and viewing the Church as nothing more than an international institution that is comparable to La Cosa Nostra, Car(b)ozo School of Law Pinhead demands that the Federal government criminally prosecute the Church under RICO.
A federal RICO prosecution would force the Church to confront its problems more directly by forcing it to face a federal prosecutorial juggernaut, as opposed to isolated local actions. While worthwhile, commendable, and necessary, these local prosecutions are not enough to prompt the thoroughgoing national, institutional reforms needed.
Content to ascribe the bad acts of several bishops on the whole hierarchy, and viewing the Church as nothing more than an international institution that is comparable to La Cosa Nostra, Car(b)ozo School of Law Pinhead demands that the Federal government criminally prosecute the Church under RICO.
A federal RICO prosecution would force the Church to confront its problems more directly by forcing it to face a federal prosecutorial juggernaut, as opposed to isolated local actions. While worthwhile, commendable, and necessary, these local prosecutions are not enough to prompt the thoroughgoing national, institutional reforms needed.
Dismissed
Norma McCorvy's Rule 60 motion to repoen and reverse Roe v. Wade was dismissed by a federal court judge. Failure to file the motion within a "reasonable time" is cited. Disappointing, but not surprising.
Norma McCorvy's Rule 60 motion to repoen and reverse Roe v. Wade was dismissed by a federal court judge. Failure to file the motion within a "reasonable time" is cited. Disappointing, but not surprising.
Thursday, June 19, 2003
A Potential SCOTUS Case
Kansas State Attorney General says all abortions performed on a child under 16 MUST be reported to state authorities. The rationale for the requirement stems from the fact that sexual intercourse with a minor under 16 is illegal in Kansas, and the pregnancy may be a result and evidence of sexual abuse. Sounds perfectly reasonable and legitimate to me.
Kansas State Attorney General says all abortions performed on a child under 16 MUST be reported to state authorities. The rationale for the requirement stems from the fact that sexual intercourse with a minor under 16 is illegal in Kansas, and the pregnancy may be a result and evidence of sexual abuse. Sounds perfectly reasonable and legitimate to me.
California Judges and The Boy Scouts (cont.)
By a somewhat surprising unanimous vote, the California State Supreme Court has revised the state's Code of Judicial Ethics to where state court judges will now have to seriously think twice about being associated with "anti-gay" groups like the Boy Scouts.
Because the Scouting group bans gays, judges must disclose membership when it has "the potential to give an appearance of partiality," the court said in amending the state's Code of Judicial Ethics. The court added language to the ethics code suggesting that judges disqualify themselves from cases where membership in an anti-gay group could be viewed as a conflict.
I've read the language of the amendments, and I suppose it is somewhat of a comfort that the Court decided not to go full board and outright prohibit state judges from having an association with groups like the Boy Scouts (that would be unconstitutional). Nevertheless, there are some problems with the amendments that ultimately may have to be resolved through the litigation process. From a work standpoint, I would invite this, but from a taxpayer perspective, this is just another example of why liberals should never be given power to appoint judges.
By a somewhat surprising unanimous vote, the California State Supreme Court has revised the state's Code of Judicial Ethics to where state court judges will now have to seriously think twice about being associated with "anti-gay" groups like the Boy Scouts.
Because the Scouting group bans gays, judges must disclose membership when it has "the potential to give an appearance of partiality," the court said in amending the state's Code of Judicial Ethics. The court added language to the ethics code suggesting that judges disqualify themselves from cases where membership in an anti-gay group could be viewed as a conflict.
I've read the language of the amendments, and I suppose it is somewhat of a comfort that the Court decided not to go full board and outright prohibit state judges from having an association with groups like the Boy Scouts (that would be unconstitutional). Nevertheless, there are some problems with the amendments that ultimately may have to be resolved through the litigation process. From a work standpoint, I would invite this, but from a taxpayer perspective, this is just another example of why liberals should never be given power to appoint judges.
Wednesday, June 18, 2003
Virgin Mary Sighting
This one is at a hospital in Boston, and its apparently causing quite a fuss. Although I certainly believe there are, and have been, real apparitions of the Blessed Mother, I'm sort of curious how the number of alleged Virgin Mary sightings compares to the number of Elvis sightings.
This one is at a hospital in Boston, and its apparently causing quite a fuss. Although I certainly believe there are, and have been, real apparitions of the Blessed Mother, I'm sort of curious how the number of alleged Virgin Mary sightings compares to the number of Elvis sightings.
Tuesday, June 17, 2003
Taking on 'Drew
This may be one of my favorite all time 'blogs. I say "may" because given the relatively large attrition rate in blogville, who knows how long the owner will be committed to maintaining and updating it.
This may be one of my favorite all time 'blogs. I say "may" because given the relatively large attrition rate in blogville, who knows how long the owner will be committed to maintaining and updating it.
Rule 60
Regarding the post immediately below, Rule 60(b) of the Federal Rules of Civil Procedure basically says that a party seeking relief from a final judgment may have their case reheard for the purposes of overturning it if there was a mistake in the original proceeding, there is newly discovered evidence that could not have been discovered at the time of trial, fraud, a void judgment, or any other reason that would justify relief. Especially worth noting in Rule 60 is the time period in which a motion can be made. As to mistake, discovery of new evidence, and fraud, a Rule 60 motion must be made within 1 year of the final judgment. For all other reasons, a motion must be made within a "reasonable time".
So does Ms. McCorvey have a shot? Again, I hope so. But the pessimist inside of me says probably not.
Regarding the post immediately below, Rule 60(b) of the Federal Rules of Civil Procedure basically says that a party seeking relief from a final judgment may have their case reheard for the purposes of overturning it if there was a mistake in the original proceeding, there is newly discovered evidence that could not have been discovered at the time of trial, fraud, a void judgment, or any other reason that would justify relief. Especially worth noting in Rule 60 is the time period in which a motion can be made. As to mistake, discovery of new evidence, and fraud, a Rule 60 motion must be made within 1 year of the final judgment. For all other reasons, a motion must be made within a "reasonable time".
So does Ms. McCorvey have a shot? Again, I hope so. But the pessimist inside of me says probably not.
"Roe" Sues to Overturn '73 Decision
Norma McCorvey, "Jane Roe" of Roe v. Wade, has made the interesting procedural move of filing a Rule 60 motion to reopen the infamous case that made abortion a constitutional right. While I hope Ms. McCorvey, who is now pro-life and Catholic, succeeds, I personally don't think this move to try and overturn Roe v. Wade will work. I think there is a big time problem, and I'm not entirely certain that a winning party in a civil rights case can later come back to try and overturn a "favorable" decision. (Thanks Emily for the heads-up on the article link).
Update: Apparently, there have been instances where a winning party has come back on a Rule 60 motion to overturn a favorable decision. One such case would be Agostini v. Felton. Guess I need to pay more attention to some of the articles I link.
Norma McCorvey, "Jane Roe" of Roe v. Wade, has made the interesting procedural move of filing a Rule 60 motion to reopen the infamous case that made abortion a constitutional right. While I hope Ms. McCorvey, who is now pro-life and Catholic, succeeds, I personally don't think this move to try and overturn Roe v. Wade will work. I think there is a big time problem, and I'm not entirely certain that a winning party in a civil rights case can later come back to try and overturn a "favorable" decision. (Thanks Emily for the heads-up on the article link).
Update: Apparently, there have been instances where a winning party has come back on a Rule 60 motion to overturn a favorable decision. One such case would be Agostini v. Felton. Guess I need to pay more attention to some of the articles I link.
Monday, June 16, 2003
Persecuted Church Simulation Results in a Lawsuit
Why anyone would want to participate in a simulated situation where your life is conditioned upon renouncing your faith is beyond me. I don't know about you, but I sort of see this activity as being the equivalent of self-mutilation. It'll be interesting to see how this suit plays out.
Why anyone would want to participate in a simulated situation where your life is conditioned upon renouncing your faith is beyond me. I don't know about you, but I sort of see this activity as being the equivalent of self-mutilation. It'll be interesting to see how this suit plays out.
Friday, June 13, 2003
Catholic Conference of Illinois Says Leave Behind Left Behind
Speaking of shrill fundamentalism, I recently got into a theological debate with a co-worker who subscribes to a number of anti-Catholic beliefs. In order to better clarify many of the points I incoherently made to him, I loaned him Karl Keating's "Catholicism and Fundamentalism" and Paul Thigpen's "The Rapture Trap". Although the latter book is more critical in tone than apologetic, it doesn't go down the path of singling out any one particular Christian faith and characterizing it as apostate or unchristian. In return, my co-worker tried to get me to read a blatantly anti-Catholic screed called The Gospel According to Rome by James McCarthy. Needless to say, I politely turned his offer down.
In case you don't know who Mr. McCarthy is, he is a Protestant fundamentalist author/apologist who claims he used to be Catholic (for some stange reason, a lot of fundamentalists and evangelicals will regard this as a qualifying factor for making someone an expert on Catholicism). Various Catholic apologists and writers like Karl Keating in The Usual Suspects and Mario Derksen at Catholic Insight have pretty much exposed McCarthy to be an unintelligible dolt. I, myself, prefer to characterize him as a lying bigot. Anyway, I'm just glad this fundamentalist co-worker is only here for another month. Time can't go by faster for me.
Speaking of shrill fundamentalism, I recently got into a theological debate with a co-worker who subscribes to a number of anti-Catholic beliefs. In order to better clarify many of the points I incoherently made to him, I loaned him Karl Keating's "Catholicism and Fundamentalism" and Paul Thigpen's "The Rapture Trap". Although the latter book is more critical in tone than apologetic, it doesn't go down the path of singling out any one particular Christian faith and characterizing it as apostate or unchristian. In return, my co-worker tried to get me to read a blatantly anti-Catholic screed called The Gospel According to Rome by James McCarthy. Needless to say, I politely turned his offer down.
In case you don't know who Mr. McCarthy is, he is a Protestant fundamentalist author/apologist who claims he used to be Catholic (for some stange reason, a lot of fundamentalists and evangelicals will regard this as a qualifying factor for making someone an expert on Catholicism). Various Catholic apologists and writers like Karl Keating in The Usual Suspects and Mario Derksen at Catholic Insight have pretty much exposed McCarthy to be an unintelligible dolt. I, myself, prefer to characterize him as a lying bigot. Anyway, I'm just glad this fundamentalist co-worker is only here for another month. Time can't go by faster for me.
Maybe He's Anti-Christ
Some of our, as Kathy Shaidle would say, "Adorable little Protestant friends" are asserting that biblical prophecy is being threatened by President Bush's road map for peace in the Middle East. (Note: the report is in audio form)
Some of our, as Kathy Shaidle would say, "Adorable little Protestant friends" are asserting that biblical prophecy is being threatened by President Bush's road map for peace in the Middle East. (Note: the report is in audio form)
Wednesday, June 11, 2003
Keep an Eye on This Case
A Christian-based adoption agency in California has asked that a federal lawsuit filed against it by a lesbian couple be dropped. The lebians have alleged they were unlwfully discriminated against when they were told by the adoption agency that it preferred to place children with traditional "nuclear families".
A Christian-based adoption agency in California has asked that a federal lawsuit filed against it by a lesbian couple be dropped. The lebians have alleged they were unlwfully discriminated against when they were told by the adoption agency that it preferred to place children with traditional "nuclear families".
They Just Keeps On Tickin'
Rumored retirements from the Supreme Court start to fade, and Justice Stevens countinues to provide irrefutable evidence that he is a Grade A liberal judicial activist.
Rumored retirements from the Supreme Court start to fade, and Justice Stevens countinues to provide irrefutable evidence that he is a Grade A liberal judicial activist.
Tuesday, June 10, 2003
Ut Unum Sint?
As an unintended consequence, this article shows that the more dedicated the American judiciary is to the principle of stare decisis the more united, and Catholic-like, it becomes. Needless to say, the author of this article, Joanne Mariner, desires to see a more "fractionalized" judiciary that, from a theological perspective, has a stark resemblance to Protestantism.
As an unintended consequence, this article shows that the more dedicated the American judiciary is to the principle of stare decisis the more united, and Catholic-like, it becomes. Needless to say, the author of this article, Joanne Mariner, desires to see a more "fractionalized" judiciary that, from a theological perspective, has a stark resemblance to Protestantism.
Will Martha Have a White Ford Bronco Moment?
You gotta love celebrity justice. Before all this is done, I'd be willing to bet that in some manner Martha Stewart will become the "white collar" crime version of O.J. Simpson.
Stewart arrived at the FBI's downtown office via a street normally closed to traffic. She was advised of the penalties she would face should she fail to show up in court. Typically defendants must appear in court to listen to rules and procedures and to sign paperwork.
"It's something we have done in the past. It's not unusual," a spokesman for the U.S. Attorney's office said of the discreet way Stewart was processed.
The spokesman said similar arrangements have been made before in high-profile cases where officials see little risk of flight. Stewart was released without having to post bail and with no travel restrictions.
You gotta love celebrity justice. Before all this is done, I'd be willing to bet that in some manner Martha Stewart will become the "white collar" crime version of O.J. Simpson.
Stewart arrived at the FBI's downtown office via a street normally closed to traffic. She was advised of the penalties she would face should she fail to show up in court. Typically defendants must appear in court to listen to rules and procedures and to sign paperwork.
"It's something we have done in the past. It's not unusual," a spokesman for the U.S. Attorney's office said of the discreet way Stewart was processed.
The spokesman said similar arrangements have been made before in high-profile cases where officials see little risk of flight. Stewart was released without having to post bail and with no travel restrictions.
Monday, June 09, 2003
A Case to Watch
A public school teacher in Montana is fighting for her right to teach an independent after-school religious class on public school grounds. The school district claims that allowing the teacher to do so, even though she would be off the clock, would result in a...wait for it...violation of the separation between church and state.
A public school teacher in Montana is fighting for her right to teach an independent after-school religious class on public school grounds. The school district claims that allowing the teacher to do so, even though she would be off the clock, would result in a...wait for it...violation of the separation between church and state.
Saturday, June 07, 2003
LaHaye-isms
Taken from this article here's how Tim LaHaye tries to evade the charge that he isn't anti-Catholic:
"The Bible clearly speaks against the 'mystery of Babylon, mother of harlots,' " he said.
"It's a religious system that has invaded many religions, not just Roman Catholicism," LaHaye said. "Many Protestant religions have this mystery, Babylonish teaching that has people worshipping idols instead of the living God. It's not an attack on the Catholic church."
Double-speak at its finest, no? Reminds me of the typical Democrat Catholic mantra of personally being against abortion but supporting the right of a woman "to choose".
Update: Actually, here's a better example of "LaHayist" Logic. Adolfo Hisler, a white Anglo-Saxon, believes there are types of people in this world who are not fully human. Included in his list of "inferiors" are people of Jewish descent. Although one might be tempted to do so, it is wrong to accuse Hisler of being anti-Semitic, because along with Jews, he believes there are some types of white Anglo-Saxons (e.g., those who don't believe Jews are subhuman) who are as equally less than human. As such, if you are going to accuse Mr. Hisler of anything, accuse him of being anti-subhumanity. He is not attacking Jews.
Taken from this article here's how Tim LaHaye tries to evade the charge that he isn't anti-Catholic:
"The Bible clearly speaks against the 'mystery of Babylon, mother of harlots,' " he said.
"It's a religious system that has invaded many religions, not just Roman Catholicism," LaHaye said. "Many Protestant religions have this mystery, Babylonish teaching that has people worshipping idols instead of the living God. It's not an attack on the Catholic church."
Double-speak at its finest, no? Reminds me of the typical Democrat Catholic mantra of personally being against abortion but supporting the right of a woman "to choose".
Update: Actually, here's a better example of "LaHayist" Logic. Adolfo Hisler, a white Anglo-Saxon, believes there are types of people in this world who are not fully human. Included in his list of "inferiors" are people of Jewish descent. Although one might be tempted to do so, it is wrong to accuse Hisler of being anti-Semitic, because along with Jews, he believes there are some types of white Anglo-Saxons (e.g., those who don't believe Jews are subhuman) who are as equally less than human. As such, if you are going to accuse Mr. Hisler of anything, accuse him of being anti-subhumanity. He is not attacking Jews.
Another Anti-Life Decision
A Flori(duh) state appeals court says a husband can order the removal of his comatose wife's feeding tube. Oh yeah, the husband in this case stands to inherit $700K if his wife dies, and he wants to marry another woman with whom he already has a child.
A Flori(duh) state appeals court says a husband can order the removal of his comatose wife's feeding tube. Oh yeah, the husband in this case stands to inherit $700K if his wife dies, and he wants to marry another woman with whom he already has a child.
And Water is Wet and the Sky is Blue
The California Department of Education announces that homeschooling in the state is legal, even though it was never illegal.
The California Department of Education announces that homeschooling in the state is legal, even though it was never illegal.
Friday, June 06, 2003
While Stuff Hits the Fan in Phoenix...
A Church of the Nazarene minister in Florida tells police investigators that he can't remember if he had sexually abused a male minor.
A Church of the Nazarene minister in Florida tells police investigators that he can't remember if he had sexually abused a male minor.
Thursday, June 05, 2003
No Link for You!
The Dem Party hates kids so much that it won't even link a Democrats for Life page on its website. In response to a pro-life Democrat's suggestion that the party's absolutist position on baby-killing cost it some Senate seats in the last general election, one unnamed Dem Strategist (what are the odds this clown believes he/she is "tolerant"?) quipped, "It seems to me like this is a fringe group desperately in search of a little publicity here.” Meanwhile, the Dem Party continues to provide links to such "mainstream" groups like Anti-Catholics for Free Baby Butchery, the National Association of Gals (NAG), and various groups that promote hedonism and sodomy.
The Dem Party hates kids so much that it won't even link a Democrats for Life page on its website. In response to a pro-life Democrat's suggestion that the party's absolutist position on baby-killing cost it some Senate seats in the last general election, one unnamed Dem Strategist (what are the odds this clown believes he/she is "tolerant"?) quipped, "It seems to me like this is a fringe group desperately in search of a little publicity here.” Meanwhile, the Dem Party continues to provide links to such "mainstream" groups like Anti-Catholics for Free Baby Butchery, the National Association of Gals (NAG), and various groups that promote hedonism and sodomy.
Wednesday, June 04, 2003
Reason Five Million and Two for Why Barry Lynn is a First Rate Jerk
(Leftist) Americans United for the Separation of Church and State threaten to sue the U.S. Interior Department for a grant it made to help restore the church building where Paul Revere received the signal that the British were advancing. The stated reason for the threat: it's still an active church.
(Leftist) Americans United for the Separation of Church and State threaten to sue the U.S. Interior Department for a grant it made to help restore the church building where Paul Revere received the signal that the British were advancing. The stated reason for the threat: it's still an active church.
Tuesday, June 03, 2003
Question More or Less Answered
By this article, which I found via Amy Welborn's blog, the question I had below on the success rate of Protestant missionaries in converting Muslims has been impliedly answered: very low. As such, Protestant missionaries in the Middle East tend to focus their efforts on converting other Christians (namely, Orthodox and Eastern Rite (Chaldean) Catholics).
By this article, which I found via Amy Welborn's blog, the question I had below on the success rate of Protestant missionaries in converting Muslims has been impliedly answered: very low. As such, Protestant missionaries in the Middle East tend to focus their efforts on converting other Christians (namely, Orthodox and Eastern Rite (Chaldean) Catholics).
Monday, June 02, 2003
Still to Come...
...rulings from the SCOTUS on several major issues, including affirmative action, anti-sodomy laws, and public library Internet filters. One case that may be of significance to the Situation is Stogner v. California (natch), where the state is seeking to erase its statute of limitations in order to criminally prosecute a man who is charged with molesting his own daughter almost 50 years ago.
...rulings from the SCOTUS on several major issues, including affirmative action, anti-sodomy laws, and public library Internet filters. One case that may be of significance to the Situation is Stogner v. California (natch), where the state is seeking to erase its statute of limitations in order to criminally prosecute a man who is charged with molesting his own daughter almost 50 years ago.
Passing Thoughts
In working with and around a lot of Evangelicals, I hear the term "Bible-based" church thrown around a lot. However, since the Bible didn't actually come into existence until the latter part of the fourth century, would today's Evangelical or Fundamentalist consider third through fourth century Christians to have been part of a "Bible-based" church? And what exactly are the standards for being a Bible-based church, and who authoritatively enforces them?
In working with and around a lot of Evangelicals, I hear the term "Bible-based" church thrown around a lot. However, since the Bible didn't actually come into existence until the latter part of the fourth century, would today's Evangelical or Fundamentalist consider third through fourth century Christians to have been part of a "Bible-based" church? And what exactly are the standards for being a Bible-based church, and who authoritatively enforces them?
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