JMBzine - Temporary Blog
More changes to JMBzine.com
The ongoing saga of the server change continues. The good news being that I think I have found a more permanent solution for the blog and surprisingly I won't be using Movable Type but rather a CMS (content managment system) called PostNuke.
I'm still working out the kinks on it but you can see the work in progress at
www.jmbzine.com/PostNuke.
News of Late
Things have been a bit hectic lately and I feel kind of out of touch since I haven't been able to blog about it. So anywhere here's the latest news.
Sunday was a great day. It was Easter Sunday so at church we had a special service where instead of having a sermon, we instead had members of the congregation share what was on their hearts... some folks read poems, some just gave some thoughts... for myself I shared what my friend Rachel thought was important about the story of the resurrection of Christ... that the story shows us that the "truth can't be stopped." --- If you think about it this is true. When the Roman and Jewish authorities decided to kill Jesus (and both were complicit in his murder) they thought they were going to silence a troublemaker... instead though it backfired. His message exploded and before long many, many people not only believed in Jesus' message but were living it. Look at this passage from
Acts 2:42-47.
They devoted themselves to the apostles' teaching and fellowship, to the breaking of bread and the prayers. Awe came upon everyone, because many wonders and signs were being done by the apostles. All who believed were together and had all things in common; they would sell their possessions and goods and distribute the proceeds to all, as any had need. Day by day, as they spent much time together in the temple, they broke bread at home and ate their food with glad and generous hearts, praising God and having the goodwill of all the people. And day by day the Lord added to their number those who were being saved.
The truth that Jesus taught now has not only spread but has now took root and is being acted upon. The desire of the authorities to silence Jesus was completely thwarted.
Anyway though after we had the sharing time (and lots of singing and prayers), we moved into a different part of the service where myself and another person (a dear sister in the Lord) were welcomed into membership in the church. During this time the pastor made commitments on behalf of the church to us and then they prayed over us with the laying on of hands. (everyone is gathered around and puts their hand on your shoulder or back). Also both of us who were accepted into membership got to share a little about why we had decided to join the church.
Notes and pictures from Sandra Day O'Connor's Visit to OCU School of Law
These pictures were from the Q&A session with Justice O'Connor. (sorry but they didn't allow photography at the Academic Convocation later that afternoon so there are no picture from that event)
There were two events on Monday with Justice O'Connor at OCU Law. The first event was a Q&A session with the law school held in the big moot court room (where the pictures were taken).
Here are the notes I took from her remarks:
- Civil Liberties - She says Patriot Act has been examined yet.
4th Amendment forbids unreasonable searches. Thinks the focus is on this. (CODE FOR - "The 4th Amendemtn isn't worth the paper it is printed on.")
She says that we lieve in a time of cris these days.
"I don't know where this is going to lead to. I do know one thing. We are not on the firing line on the scene." - Says we (referring to the US Supreme Court, hereafter SCOTUS) comes late to the scene. The process is a lengthy time and I think that is a good thing.
Says our common law system (where Con Law questions get hashed out by lower courts first) is better than in Civil law systems (i.e. Continental Europe, Latin America, etc.) where Con Law questions are resolved only by a special Constitutional interprertation court.
- Amicus briefs - she says they are very helpful
- Talked about how difficult it is for SCOTUS justices to be able to understand complicated and and difficult areas of law.
- Asked about case that she was most proud of - She said that was hard, but one that is most cited was the Strickland decision.
- On Indian gaming - says this is a legitimate policy concern (for Congressional resolution) and is not one for the judiciary
- 2 things important to being lawyer...
(1) Reading fast (she says she reads 1500 pages per day when SCOTUS is in session), and
(2)Learn to write well
- Clearly and correctly
- Recommends great punctuation book
- Simple and accuate is better than long & complicated sentences
- Broadcasting of trials - SCOTUS plans to release same day audio tapes of oral arguments of cases that are of broad public interest (i.e. Guantanamo cases coming soon), but doesn't think TV is on the horizon anytime soon
- Asked about plurality decisions - She says SCOTUS doesn't like them, but also says that 1/3 of cases are actually unanimous.
- Asked about splittting 9th Circuit - Says 9th is too big and needs to be dividied but it that it would be difficult because CA would have to be split to to do this (Note from me - something never done before, except I think for Yellowstone National park if I remmeber right)
- Asked (by Stan Bassler, adjunct OCU law instructor and prison minister) about MI case that restricts visitation to inmates in MI - says that the court has spoken very clearly on this, that day-to-day running of prisons should be left to judges
- Asked about her being the "swing vote" - She didn't address this at all. Seemed to want to divert attention from this.
- Said 1st year on bench was a massive learning curve.
- On statutory interpretation - Says that she is willing to use legislative history but says that she doesn't cite if is she wants some of the other justices to join the decision.
- On Consular notitification - Says treaty & the recent world court decision is a challege, but says World Court is not binding authority (NOTE FROM ME - What is infuriating is that she speaks as if this is a "yet to be decided" point... well Hung Le is dead thanks to SCOTUS not granting cert on this very point... how in the **** can she claim that this is an unresolved point. It already was resolved when SCOTUS denied cert. Someone is dead because they denied cert. How dare she act like this is some kind of interesting intellectual legal question... this is a matter of life and death. Hung Le is dead because SCOTUS refused to hear his case.)
- She was asked for advice for L-students who are about to do their oral arguments -
- Know the case and the record very well
- Think through potential hypos that the judge(s) might ask you
- Try to speak in a conversational tone
- Says confirmation hearings are mostly about the senators getting the chance to grandstand before the TV cameras. Says they get a fortune in free advertizing on TV when they get to ask questions in confirmation hearings.
Then about an hour later Justice O'Connor appeared again at the Convocation. There were lots more people there (this event was open to the public). They had some music and of course they had all of the pomp and circumstance of such events (the processional of all of the profs in their academic robes, etc). US 10th Circuit Judge Robert Henry & Oklahoma Governor Brad Henry (cousin of Robert Henry) were also both on the stage. After the music and welcoming speeches they gave O'Connor an honorary doctorate and then they had her speak... well actually what they did was more of an interview. They had Judge Henry and Justice O'Connor sitting in chairs on the other side of the stage, with Henry asking questions of Justice O'Connor.
As to the substance of what she said, her remarks focused more on her background and less on the law. NewsOK.com's reporter did a lot better taking notes (See
NewsOK.com: Supreme Court justice shares memories, motivations ) of her remarks but there were a few things that stood out to me about what she said.
First, she talked a lot about how that the rest of the world admires the American judicial system, while at the same time most Americans do not respect it. She didn't really address some of the causes for the American concerns about the system, but she did say that one reason that SCOTUS is well respected because they publish the minority opinions of the court, as well as the majority decision.
Secondly she did talk a good bit about the concerns of many commentators with regards to citing foreign case law. She says that precedent from other countries is not binding but can be useful.
Well after her remarks were over, Governor Henry stood up and read a proclamation making O'Connor an honorary citizen of Oklahoma. (He sounded like a big goober to me.)
Well all in all, my overall impressions of Justice O'Connor is that she is a very interesting woman who has overcame a great deal of challenges to be on the SCOTUS. I like her witty way of communicating and her general western sensibilities (she is from Arizona).
HOWEVER... I also was very bothered by much of what she said. The two big concerns were her remarks at the Q&A session with regards to the ... decision and the recent World Court ruling against the US with regards to the lack of consular assistance. In both of these cases she spoke in such a calloused and insensitive way about those who were affected by these stupid decisions. In fact it seemed like the real people affected were not even people in her eyes but were rather some lower class of humanity that was not entitled to any rights at all.
In the end I think Justice O'Connor is someone who believes in the dignity of the law and the judicial system but has forgotten the dignity of humankind. I know that sounds harsh but that is why I believe. I do respect the law to the extent that it is just (I'll cite Emerson, Thoreu & MLK on this proposition) but when it is unjust it is something different altogether. I think Justice O'Connor's decision to make the law more important than humanity is problematic but not uncommon in the legal system.
Cockfighting - does state law apply on tribal land?
AP/NewsOK.com: Cockfight set on Indian land
Here's some other bits of information on this development:
BanCockfighting.org (from Ada Evening News): Kiowa members claim cockfighting legal on tribal land
GameFowlNews.com: Info on what I think is the cockfight mentioned in the NewsOK story
My guess is that the state law will be found to be valid. The reason is that the Kiowa Tribe itself has not chosen to regulate in this area. If they had (i.e. drafted a comprehensive code for the enforcement of the laws on cockfighting) then I think the state laws would be preempted by the tribal laws. But if the tribe has not acted in the area (and from what I can tell, the tribe has not. The organization that is purporting to license the cockfighters does not appear to be tribally sanctioned (according to the info in the NewsOK story and also from the lack of info on this from the Kiowa Tribe's official website.
However, I also think that the cockfighters might win in the arena of public opinion, particularly if there are dozens of arrests. Who knows though?
News of Late
Things have been a bit hectic lately and I feel kind of out of touch since I haven't been able to blog about it. So anywhere here's the latest news.
Sunday was a great day. It was Easter Sunday so at
church we had a special service where instead of having a sermon, we instead had members of the congregation share what was on their hearts... some folks read poems, some just gave some thoughts... for myself I shared what my friend Rachel thought was important about the story of the resurrection of Christ... that the story shows us that the "truth can't be stopped." --- If you think about it this is true. When the Roman and Jewish authorities decided to kill Jesus (and both were complicit in his murder) they thought they were going to silence a troublemaker... instead though it backfired. His message exploded and before long many, many people not only believed in Jesus' message but were living it. Look at this passage from
Acts 2:42-47.
They devoted themselves to the apostles' teaching and fellowship, to the breaking of bread and the prayers. Awe came upon everyone, because many wonders and signs were being done by the apostles. All who believed were together and had all things in common; they would sell their possessions and goods and distribute the proceeds to all, as any had need. Day by day, as they spent much time together in the temple, they broke bread at home and ate their food with glad and generous hearts, praising God and having the goodwill of all the people. And day by day the Lord added to their number those who were being saved.
The truth that Jesus taught now has not only spread but has now took root and is being acted upon. The desire of the authorities to silence Jesus was completely thwarted.
Anyway though after we had the sharing time (and lots of singing and prayers), we moved into a different part of the service where myself and another person (a dear sister in the Lord) were welcomed into membership in the church. During this time the pastor made commitments on behalf of the church to us and then they prayed over us with the laying on of hands. (everyone is gathered around and puts their hand on your shoulder or back). Also both of us who were accepted into membership got to share a little about why we had decided to join the church.
So anyway I guess I'm now a bonafied Mennonite. :-) I feel good about becoming a commited member of that church and about entering a tradition of people over the centuries who have committed themselves to God's work of bringing peace and justice to this world through the work of humankind.
Well after church I got to spend some time with my family and do bit of gardening which was nice.
Then on Monday the big news was that US Supreme Court Justice Sandra Day O'Connor came to OCU. (I'll post a seperate post about this later with some pictures and notes from her presentation.) It was fantastic to get to hear her at OCU (if nothing else to put a voice and a personality behind the decisions we read in class), but her remarks (especially the cold and calloused way she spoke of the rights of prisoners and those condemned to death) has confirmed what I already believed about the criminal injustice system . . . it is neither just or righteous.
Other than that I've been taking it easy this week. I have been reading quite a bit (mostly Emerson, but also started reading A Peace Reader) and I watched some good movies on tape (that I'll review later) . . .
Gandhi (oh my word, one of the best movies I've seen in some time... highly recommend it),
L' Auberge espagnole (The Spanish Apartment) (a clever French movie),
Under the Tuscan Sun (an innoculous feel good movie that makes me want to pack up and move to Italia), and
The Animatrix (a giant disappointment).
(from a few days ago, don't know the date) - Why I haven't been blogging much lately
Pt1- Sorry to be absent lately but I'm taking a bit of a break from blogging these last few days. Partly I'm doing it because my hosting provider (
Vagrant Hosting) is currently in the process of moving to a different server, so the fewer updates I make to this site over the next few days, the less work it'll be after the server change takes place.
The other reason I've not been doing much blogging is that I have been very depressed of late, particularly when I think at all about the horrible things that are happening in this world, particularly with the ongoing war in Iraq.
Pt2-Three things in particular have upset me of late from keeping up with the news (a habit that I think I need to break for the sake of my mental health):
First, the recent surge in American casulaties. It just seems like such a waste to me, a senseless sacrfice of our young men and women that will bear in fruit in fatherless children, grieving parents and brokenhearted spouses. All of the good that those soldiers could have done with their lives is all gone.
This picture in particular grabbed me when I looked at the newspaper this morning: (Click to view in another winder) - U.S. Marines pray over a fallen comrade at a first aid point after he died from wounds suffered in fighting in Fallujah, Iraq, Thursday, April 8, 2004. (Photo: AP). Why? Why? Why?
Second, the recent slaughter of Iraqi civilians. I would like to know why these children had to die (warning - graphic pictures are in this story). There is no ****ing reason. Not one. Why is our country doing this... and more importantly why is God letting America get away with it? --- seeing things like this makes me feel more and more like a Deist. I find it increasingly difficult to believe in a God that is active in this world today if He lets things like this occur.
Last, reading this interview with an anonymous American medic who is currently serving in Iraq just appalls me. I don't want to be hateful (even to our leaders who I think are responsible for the death and carnage that never should have happened) so I won't comment on the story. I do think it is a story worth reading though. We need to hear more voices from those who are having to fight this stupid war.
All of this is just too much. I don't know what to do and I don't think there is anything that can be done. I wish I had more faith in God right now and I wish that God would show us all how to rid this world of all of the evil and death...
That's enough theological questioning for now I guess. It has been brewing for awhile now and I needed to to write it down to be able to keep going. (sometimes just writing my doubts helps me to go on and keep believing in what I can still believe in, and more importantly act on that faith) Maybe it is not God that has failed us but rather my conceptualization of how God works has failed me. I don't know.
Well besides all of this life has been ok lately. Spring has definitely sprung here in Oklahoma and it has been glorious. I've been stuck inside a lot lately but I'm going to enjoy the time off I have from work this weekend to revel in it some. I desperately need to do some weeding in my garden tomorrow and hope to get to hangout with a friend some. Then on Sunday it'll be Easter which should be a really good day. (very much looking forward to our church service that Sunday and to getting to spend time with my family that afternoon)
School-wise things are going ok. I finished my appellate brief on Wednesday so things will be much more sane for the next week or so before I start my finals study crunch. --- On a sidenote, I did get to speak at the law school as a part of the political involvement roundtable sponsored by the Federalist Society. I was there for the Oklahoma Green Party. My friend Chris Powell was there for the Libertarian party, and there were two other folks there for the Republican and Democratic parties respectively... the event itself was really good and one that we can do again. It is amazing to me how much common ground politically involved people have, even when they have different party labels.
Oh this coming up Monday will be a big day at OCU Law as we're having our special Centennial Convocation where US Supreme Court Justice Sandra Day O'Connor will be speaking!
Well that's all for now. I'll start posting again with gusto after the server change takes place. Sorry to sound so depressed but that is just how I am right now. My life seems to be riding on a see-saw between joy and despair. I'm just trying to stay on the seat and not fall off.
Comment to an
earlier post:
Comment - Just wanted to let y'all know that the Sunday Oklahoman ran a story on the
political involvement roundtable. Frankly I thought the story sucked (almost zero content about what we actually talked about... and contrary to what the story says I thought we maintained a relatively positive tone in our discussion)
but the print version of the paper had a very good picture from the event.
The story is in the middle of section A, but I forgot the page #. The online version is at
http://www.newsok.com/cgi-bin/show_article?ID=1216903&TP=getarticle
Hello everyone!
This is a temporary home for new blog posts on JMBzine.com while I'm trying to get Movable Type back up and working again from a server move. (I know... it is sad that I feel the need to do this, but I do feel out of sorts without the ability to blog)
