On the Community Blog, there is a link to an article where some moron is suing a dry-cleaner for $65 million for losing a pair of pants. Business interests have fed this to the news outlets to further their agenda of polluting potential jurors and ensuring too-small, unjust verdicts in the future.
First the story itself: A lawyer, and not just a lawyer but a judge has attacked a poor but honest Korean dry-cleaner over a pair of pants, and stands to gain $65 million, bankrupting the defendant and tearing part of the fabric of our social contract. This is stupid for sooooo many reasons. The fact that this plaintiff has been to law school means that he may have rudimentary knowledge which lets him file things in court without finding out that no decent lawyer will consent to represent him. It violates the standards of the national trial lawyers association to state a number for a demand in the complaint, so this $65 million is pure fiction on the plaintiff's part. That this plaintiff is an administrative law judge is not surprising. The ALJ corps is where lots of politically connected yet incompetent or crazy lawyers are hidden. They are far more likely to display "judge-itis," a disease which discomforts everyone around them. The Defendant, had he chosen, could have found a decent and honest lawyer to defend him at a modest price, rather than spending "thousands of hours" in the defense of the case on his own. Indeed, my thought of defending this guy would be to make a "Rule 68 Offer of Judgment" for about $200 which, if refused and the judge or jury returns a verdict of less than that, obligates the Plaintiff to pay all of the costs of the case, including the Defendant's attorney fees. A competent lawyer for the Defendant would have this case in front of the responsible trial judge for motions to dismiss and for sanctions (penalties) against the Plaintiff for his behavior. My mother could get sanctions against this Plaintiff.
Judges are drawn from the population of lawyers. Some of them don't have a compassionate bone in their bodies. Some of them stay up nights worrying whether they are making the right decisions. Losers. Winners. In other words, people. Four people out of my class that I know of have been judges. Three of them are good and honest and caring people who do their best, even though sometimes they make decisions which I think are wrong. The fourth was our class asshole, and was the stupidest and most abusive judge in the history of West Virginia.
Instead of hating lawyers, we should hate what some lawyers do. There are a lot of lawyers who do crazy or mean-spirited things. One of the leaders of the Westboro Baptist Church from Kansas (website: Godhatesfags.com) is a lawyer. (She also figured in the events the last time I was threatened with arrest.) Ann Coulter is a lawyer, or at least a law school graduate. She is terminally deficient in skills of logic. But John Adams was a lawyer. And Abraham Lincoln. (He also did medical malpractice cases.) And Rudy Guiliani. And Richard Nixon. Oh, hell, and lots and lots of decent and honest people.
When a moronic case is filed, it gets press because the business-insurance interests are served by that publicity. They seldom publicize the FACT that essentially ALL of these cases are settled justly or dismissed. Oh, someone's going to talk about the hot-coffee-at-McDonald's case. How tiresome. McDonald's served coffee at something like 190 degrees fahrenheit. That is too hot to drink, but they served it that hot so that it lasted longer. Liquid at that temperature causes full thickness burns when it is applied in any quantity. That McDonald's outlet had been specifically advised that customers had been seriously burned by their coffee. They kept serving it. An old lady bought a cup of coffee, dropped in in her lap, and suffered third degree burns over her lower abdomen, genitals and thighs. She needed extensive hospitalization and skin grafts. She incurred tens of thousands of dollars in medical expenses. If this were your mother, would you tell her to sue or not to sue? Moreover, NOBODY reports the end of that case. The high verdict was reversed on appeal, and it ended up settled at a just amount.
In the meantime, there are decent, honest and hard-working lawyers out there who represent people minding their own business who were plowed by a drunken or negligent driver. These are the victims who have incurred $10,000 in medical bills, have a permanent spine impairment and pain, and who the insurance company will offer $30,000 to settle the case forever. This potential plaintiff's lawyer is worried about the constant barrage of ads by (secretly) insurance company-funded "citizen's" groups whose object is to convince the public (i.e., all potential jurors) that nobody should receive a just verdict. If I were to go door-to-door and give potential jurors a list of lawyers who represent insurance companies, and tell them THE TRUTH that the judge won't let the plaintiffs' lawyers tell them that there is insurance in the case, they would come for my license.
All that being said, the trial lawyers groups which represent the richest trial lawyers are lying, too. They say that they promote justice for the sake of justice. Bullshit. Only when justice meets money do many of them undertake a case. There are hundreds of poor slobs who find themselves in criminal trouble but who are either innocent or guilty-with-an-explanation that would soften the just result, but the so-called best trial lawyers won't touch them without a $100,000 retainer. I say "so-called" because there are DAMN few of these prominent lawyers who are anything like as good as they say. A well-known, very expensive lawyer in northern West Virginia has tried 3 high-profile murders in the last year, and lost all of them badly to the same $80,000 a year prosecutor. I have about the same level of success in state-appointed cases ($45 per hour) that I do in private pay cases ($150 per hour when I can get it.)
So if you want the truth about our justice system, ask the lawyer you know who wears an off-the-rack suit, drives a Chevy or 8 year old Audi, and who represents real people. They are the honest and honorable people who keep the justice system going.
Mizpah!
R
Sunday, April 29, 2007
Monday, April 23, 2007
Virginia Tech: Enough already.
It’s a terrible tragedy that a psychotic kid bought himself a pistol or two and shot and killed 32 innocent students at Virginia Tech and isn’t it awful and let us grieve and erect a few dozen ersatz memorials and fly flags at half-staff in towns where they’ve never heard of Virginia Tech and debate gun violence because banning all handguns would have prevented this senseless slaughter and if everyone had a concealed carry permit and carried a gun this disgusting example of an immoral liberal society would not have happened and now don’t you feel better and blah blah blah.
OK - Virginia Tech was a real tragedy. (I still hope that the Mountaineers kick the Hokies’ ass in next fall’s football game.) People in Blacksburg are legitimately shocked and grieving. Hell, everybody else in the country is, too. But people don’t get a pass on hypocrisy or get excused from participation in society just because they indulge themselves in the grief du jour. None of us are off the hook.
At Baghdad Tech, there are concrete barriers to keep suicide car bombers away from the campus. Students, faculty and visitors are thoroughly searched before they can get on campus. Approximately 200 professors have been killed in Iraq in the last 4 years, because they weren’t teaching their killers’ preferred version of Islam, or were pro-women’s rights, or whatever. No one can take a cell phone onto campus because sophisticated terrorists can use them remotely to trigger explosives. (Source: NPR interview, 23 April 2007) Nearer to home, in America, about 551 people have died by gunfire in the week since the Virginia Tech shootings. Of those, about 208 have been homicides. (Source: National Center for Health Statistics) The violent crime rate on campuses (as defined by the FBI) is less than half of the crime rate in general. However, the murder rate is 2-1/2 times greater on campuses than in society at large. (Source: University of Arkansas School Violence Resource Center) In my own town, one of my students vanished without a trace some years ago, probably killed by drug dealers, and that got scarcely a notice. Last summer, a young (white) woman was talking to some young (black) guys outside some college-student apartments, and that infuriated a young redneck idiot, who put a punkin ball (a large rifled slug used in a shotgun) through the girl's brain. The trial got a good bit of notice, but the tragedy of this young life snuffed out and the pain of her family and friends went largely unnoticed. They all hurt as much as any other victim's family or friends.
We are not against gun violence unless we are against all gun violence. We are not in favor of safe campuses unless we are in favor of all campuses being safe. We are not against murder unless we are against all murder. We are not even caring about crime victims unless we are caring about all crime victims. So lots of folks who have lit candles and gone to church over the past week may feel that they have done their part. But unless you are considering and implementing solutions, you are a part of the fucking problem. It’s time we have real discourse about violence and mental health and guns and crime and morality and decency and principles. Token expressions are not a substitute for that discourse.
We are all hypocrites - me included. And we’ll stay that way until and unless we make our words and actions consistent with one another.
R
OK - Virginia Tech was a real tragedy. (I still hope that the Mountaineers kick the Hokies’ ass in next fall’s football game.) People in Blacksburg are legitimately shocked and grieving. Hell, everybody else in the country is, too. But people don’t get a pass on hypocrisy or get excused from participation in society just because they indulge themselves in the grief du jour. None of us are off the hook.
At Baghdad Tech, there are concrete barriers to keep suicide car bombers away from the campus. Students, faculty and visitors are thoroughly searched before they can get on campus. Approximately 200 professors have been killed in Iraq in the last 4 years, because they weren’t teaching their killers’ preferred version of Islam, or were pro-women’s rights, or whatever. No one can take a cell phone onto campus because sophisticated terrorists can use them remotely to trigger explosives. (Source: NPR interview, 23 April 2007) Nearer to home, in America, about 551 people have died by gunfire in the week since the Virginia Tech shootings. Of those, about 208 have been homicides. (Source: National Center for Health Statistics) The violent crime rate on campuses (as defined by the FBI) is less than half of the crime rate in general. However, the murder rate is 2-1/2 times greater on campuses than in society at large. (Source: University of Arkansas School Violence Resource Center) In my own town, one of my students vanished without a trace some years ago, probably killed by drug dealers, and that got scarcely a notice. Last summer, a young (white) woman was talking to some young (black) guys outside some college-student apartments, and that infuriated a young redneck idiot, who put a punkin ball (a large rifled slug used in a shotgun) through the girl's brain. The trial got a good bit of notice, but the tragedy of this young life snuffed out and the pain of her family and friends went largely unnoticed. They all hurt as much as any other victim's family or friends.
We are not against gun violence unless we are against all gun violence. We are not in favor of safe campuses unless we are in favor of all campuses being safe. We are not against murder unless we are against all murder. We are not even caring about crime victims unless we are caring about all crime victims. So lots of folks who have lit candles and gone to church over the past week may feel that they have done their part. But unless you are considering and implementing solutions, you are a part of the fucking problem. It’s time we have real discourse about violence and mental health and guns and crime and morality and decency and principles. Token expressions are not a substitute for that discourse.
We are all hypocrites - me included. And we’ll stay that way until and unless we make our words and actions consistent with one another.
R
Monday, April 16, 2007
Is the Second Amendment killing people?
In the wake of the Virginia Tech shootings, there will be what the National Rifle Association will term as an overblown hysteria about the availability of firearms.
Let's examine the Second Amendment: "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."
The militia clause is certainly a bother - does it mean that the Amendment applies to those citizens who are a part of the militia, or who may be a part of the militia? What happens when there is no more militia? Or is the militia clause a generality about people being involved in defense activities, and thereby merely one reason to make the right to arms universal? Well, there is a case pending at the United States Supreme Court where the Court will have the opportunity to address that issue. Whether they will actually address it or duck it is anyone's guess - the Supreme Court doesn't operate in the light of day.
A better question (or at least a simpler one) is to examine what the Founding Fathers meant by "arms." In addition to edged weapons, there were indeed firearms which they certainly considered. The only commonly available weapons in the 18th century were muzzleloading flintlocks. Muzzleloading because the powder and projectile were loaded through the muzzle, the front of the weapon; and flintlock meaning that sparks from a flint ignited the powder to fire the weapon. (There were a couple of designs for breach-loading weapons, but they didn't catch on until the end of the American Civil War.) By their nature, 18th century weapons were bulky and single-shot. Muzzleloaders require reloading for each shot. They were bulky because the metals of the time needed to be thick to safely contain the explosion, and only wood was available for the stocks. The time to reload was significant. A musket, which had a smooth bore, took around 20 seconds for a skilled user to reload. A rifle, because of its grooved barrel, required about 30 seconds. The advent of weapons holding more than one charge was significant. Revolving pistols were introduced in the 1830's. Repeating rifles were invented in the late 1850's. A few of the first practical repeating rifles, the Henry Rifle, was used sparingly by the Union in the American Civil War. Southern soldiers who were on the receiving end of the rapid fire referred to that "damned Yankee gun you load on Sunday and still is shooting on Thursday." It is fair to conclude that had the Union Army armourers promoted the mass production and use of Henrys, the war would have been much shorter. (Oddly, perhaps that would have resulted in fewer overall casualties.)
Had the VT gunman gone on campus with the sort of weapon contemplated by the writers of the Second Amendment, he would have killed about 2 people, one in each building. Presumably, he would have been pretty vulnerable to the people present as he took 20 - 30 seconds to reload. The news does not yet describe the weapons, but it seems most probable that what he used were semi-automatic and had reasonably large magazines. As of now, the news is reporting 30 killed and 26 wounded, which suggests an awful lot of ammunition expended. In other words, they were not contemplated by the Founders. Should we then pay obeisance to an intent of the Founders that wasn't really there? What would the writers of the Bill of Rights say about a 56 victim shooting spree by one shooter?
The NRA is right. We should not meet this tragedy with hysteria. But we should give it honest thought.
R
Let's examine the Second Amendment: "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."
The militia clause is certainly a bother - does it mean that the Amendment applies to those citizens who are a part of the militia, or who may be a part of the militia? What happens when there is no more militia? Or is the militia clause a generality about people being involved in defense activities, and thereby merely one reason to make the right to arms universal? Well, there is a case pending at the United States Supreme Court where the Court will have the opportunity to address that issue. Whether they will actually address it or duck it is anyone's guess - the Supreme Court doesn't operate in the light of day.
A better question (or at least a simpler one) is to examine what the Founding Fathers meant by "arms." In addition to edged weapons, there were indeed firearms which they certainly considered. The only commonly available weapons in the 18th century were muzzleloading flintlocks. Muzzleloading because the powder and projectile were loaded through the muzzle, the front of the weapon; and flintlock meaning that sparks from a flint ignited the powder to fire the weapon. (There were a couple of designs for breach-loading weapons, but they didn't catch on until the end of the American Civil War.) By their nature, 18th century weapons were bulky and single-shot. Muzzleloaders require reloading for each shot. They were bulky because the metals of the time needed to be thick to safely contain the explosion, and only wood was available for the stocks. The time to reload was significant. A musket, which had a smooth bore, took around 20 seconds for a skilled user to reload. A rifle, because of its grooved barrel, required about 30 seconds. The advent of weapons holding more than one charge was significant. Revolving pistols were introduced in the 1830's. Repeating rifles were invented in the late 1850's. A few of the first practical repeating rifles, the Henry Rifle, was used sparingly by the Union in the American Civil War. Southern soldiers who were on the receiving end of the rapid fire referred to that "damned Yankee gun you load on Sunday and still is shooting on Thursday." It is fair to conclude that had the Union Army armourers promoted the mass production and use of Henrys, the war would have been much shorter. (Oddly, perhaps that would have resulted in fewer overall casualties.)
Had the VT gunman gone on campus with the sort of weapon contemplated by the writers of the Second Amendment, he would have killed about 2 people, one in each building. Presumably, he would have been pretty vulnerable to the people present as he took 20 - 30 seconds to reload. The news does not yet describe the weapons, but it seems most probable that what he used were semi-automatic and had reasonably large magazines. As of now, the news is reporting 30 killed and 26 wounded, which suggests an awful lot of ammunition expended. In other words, they were not contemplated by the Founders. Should we then pay obeisance to an intent of the Founders that wasn't really there? What would the writers of the Bill of Rights say about a 56 victim shooting spree by one shooter?
The NRA is right. We should not meet this tragedy with hysteria. But we should give it honest thought.
R
Monday, April 9, 2007
Kittens I have known
People have mentioned cats in their blogs in past weeks. I'm just reminiscing.
The first cat I really came to love was Lucy, a brown tabby who showed up at my girlfriend's (later wife) house. She was the epitome of a lap cat. Whenever anyone sat down, she was right up there on the lap. She was scrawny when she showed up, but gained weight nicely. And then a lot more. Well, you know what happened - four kittens. There was a black short-hair I named Freena. She was snaggle-toothed, and had a nice personality. And there was a brown tabby named Boosie, who was very shy, and whose tail was always curled like a question mark. And there were two males, Striker, a grey tabby, and Alex, a short-hair grey cat. They were both boistrous and ornery. They are all gone now, and on the assumption that there is a heaven, I'm looking forward to getting down in the grass and playing with them again.
Then there was Teddi - the first cat in our house. She was a black short-hair with a psychotic personality, but I loved her a lot. When we went through a multi-year period of living separately, she stayed at "home," and died before I moved back. That still bothers me a lot. Then there is Liberty and Justice, the cats who still live at the office with my former partner. Liberty (after Liberty Valance) is a huge orange tabby, who is soooo social. Justice is a tortoise-shell female who was sick when she was a kitten. I was the only one to handle her for about a month (because I did the whole body-fluid precaution thing), so she was really bonded to me. And I miss those kittens a lot, but I've never been back to that office.
Now, I live with Luci, who is a black & white female shorthair that my wife got at the pound. And finally, there is Betsy, a long-hair female (actually the longest haired cat I've ever seen) who was with me when I lived alone.
Like I say, the only heaven I will consent to enter will have these and lots and lots more cats there.
R
The first cat I really came to love was Lucy, a brown tabby who showed up at my girlfriend's (later wife) house. She was the epitome of a lap cat. Whenever anyone sat down, she was right up there on the lap. She was scrawny when she showed up, but gained weight nicely. And then a lot more. Well, you know what happened - four kittens. There was a black short-hair I named Freena. She was snaggle-toothed, and had a nice personality. And there was a brown tabby named Boosie, who was very shy, and whose tail was always curled like a question mark. And there were two males, Striker, a grey tabby, and Alex, a short-hair grey cat. They were both boistrous and ornery. They are all gone now, and on the assumption that there is a heaven, I'm looking forward to getting down in the grass and playing with them again.
Then there was Teddi - the first cat in our house. She was a black short-hair with a psychotic personality, but I loved her a lot. When we went through a multi-year period of living separately, she stayed at "home," and died before I moved back. That still bothers me a lot. Then there is Liberty and Justice, the cats who still live at the office with my former partner. Liberty (after Liberty Valance) is a huge orange tabby, who is soooo social. Justice is a tortoise-shell female who was sick when she was a kitten. I was the only one to handle her for about a month (because I did the whole body-fluid precaution thing), so she was really bonded to me. And I miss those kittens a lot, but I've never been back to that office.
Now, I live with Luci, who is a black & white female shorthair that my wife got at the pound. And finally, there is Betsy, a long-hair female (actually the longest haired cat I've ever seen) who was with me when I lived alone.
Like I say, the only heaven I will consent to enter will have these and lots and lots more cats there.
R
Sunday, April 8, 2007
I ain't fishin'
Dear Friends -
A clarification, if you will:
I've been told by people who know me IRL well that I'm more open and "real" here than I am in the physical world, and I suspect that they are right.
I ALWAYS like to see the feedback I get on posts. (OK, I reject some of them, but that's my prerogative.) The "good writing" ones, I like the most. The "you're wrong and here's why," or "you need to consider another viewpoint" are thought-provoking and I love those. And I am often both touched and embarassed by expressions of general support or even (shudder) sympathy. Perhaps that's a flaw in my character, that I can't simply accept those quietly. Well, whatever. In any event, I try to write what is on my mind, what I think may be of some passing interest here, and I hope that I am able to poke fun at myself. I am not, however, being maudlin to evoke some particular reaction. Here, I feel free (ok, more free than IRL) to reveal that I AM somewhat maudlin.
Damfino why I thought I needed to say this. But I did.
And more, hopefully of interest, later.
BTW - Whether you are conventionally Christian or not (I'm not), Easter is a good day to think about sacrifice, redemption, renewal, rededication, and spring.
Mizpah!
R
A clarification, if you will:
I've been told by people who know me IRL well that I'm more open and "real" here than I am in the physical world, and I suspect that they are right.
I ALWAYS like to see the feedback I get on posts. (OK, I reject some of them, but that's my prerogative.) The "good writing" ones, I like the most. The "you're wrong and here's why," or "you need to consider another viewpoint" are thought-provoking and I love those. And I am often both touched and embarassed by expressions of general support or even (shudder) sympathy. Perhaps that's a flaw in my character, that I can't simply accept those quietly. Well, whatever. In any event, I try to write what is on my mind, what I think may be of some passing interest here, and I hope that I am able to poke fun at myself. I am not, however, being maudlin to evoke some particular reaction. Here, I feel free (ok, more free than IRL) to reveal that I AM somewhat maudlin.
Damfino why I thought I needed to say this. But I did.
And more, hopefully of interest, later.
BTW - Whether you are conventionally Christian or not (I'm not), Easter is a good day to think about sacrifice, redemption, renewal, rededication, and spring.
Mizpah!
R
Friday, April 6, 2007
Old people falling
In the last post, I mentioned that falls are really, dangerous for older people. I included some medical information that I cannot vouch for, other than hearing it from a doc who seemed pretty darn credible to me.
My mother lives very close to us. She is 83. She is constantly doing stupid stuff like getting up on chairs, ladders, etc., to reach things up high. She is often too impatient to wait for me or my son to come and do the high up things. She is very active and very healthy, for which I'm most grateful, but I've worried about her risk of falling. Her balance isn't perfect. For instance, as we went in a restaurant tonight, she needed to hold my hand to walk in an uneven parking lot and step up on a curb.
A couple of months ago, I took her up to Ruby Memorial Hospital (named after a friend of my father's who donated a TON of money to the University and, for that matter, to our scout camp) for some minor surgery. A very affable anesthesiologist stopped in to talk, and I thought I'd get a little support for my campaign to have my mom be more careful, and even for my plan to get her one of those emergency radio pendants. The doc actually surprised me with his vehemence about this issue. He said, of course, that old people's bones are thinner and more brittle than younger people's, so they are very prone to fractures and have a great deal of trouble healing. He added something that I'd never heard of before. He said that when an old person is lying on a hard surface (even carpeting), the pressure restricts circulation and the tissue quickly dies. When the tissue starts dying, it emits some sort of bad chemicals (he named them, and I just don't remember the names) which attack the body's organs and create the need for intensive care stays that are often quickly fatal.
So, I thought I'd post this, to give you a little more ammo dealing with your elderly friends & relatives about safety and preparedness, and to urge you to contact them frequently.
Maybe this is a small-town thing. I know lots and lots of folks don't live near enough to elderly relatives to participate very much in thier lives.
Mizpah.
R
My mother lives very close to us. She is 83. She is constantly doing stupid stuff like getting up on chairs, ladders, etc., to reach things up high. She is often too impatient to wait for me or my son to come and do the high up things. She is very active and very healthy, for which I'm most grateful, but I've worried about her risk of falling. Her balance isn't perfect. For instance, as we went in a restaurant tonight, she needed to hold my hand to walk in an uneven parking lot and step up on a curb.
A couple of months ago, I took her up to Ruby Memorial Hospital (named after a friend of my father's who donated a TON of money to the University and, for that matter, to our scout camp) for some minor surgery. A very affable anesthesiologist stopped in to talk, and I thought I'd get a little support for my campaign to have my mom be more careful, and even for my plan to get her one of those emergency radio pendants. The doc actually surprised me with his vehemence about this issue. He said, of course, that old people's bones are thinner and more brittle than younger people's, so they are very prone to fractures and have a great deal of trouble healing. He added something that I'd never heard of before. He said that when an old person is lying on a hard surface (even carpeting), the pressure restricts circulation and the tissue quickly dies. When the tissue starts dying, it emits some sort of bad chemicals (he named them, and I just don't remember the names) which attack the body's organs and create the need for intensive care stays that are often quickly fatal.
So, I thought I'd post this, to give you a little more ammo dealing with your elderly friends & relatives about safety and preparedness, and to urge you to contact them frequently.
Maybe this is a small-town thing. I know lots and lots of folks don't live near enough to elderly relatives to participate very much in thier lives.
Mizpah.
R
Tuesday, April 3, 2007
Dr. Steve Gatrell, RIP
Obituary of a friend:
"Dr. A. Steven Gatrell, 86, of Morgantown, passed away on Monday, April 2, 2007 at Ruby Memorial Hospital.
"He was born April 20, 1920 in Eldorado, KS, the son of the late A. Steven Gatrell Sr. and Wilda Elizabeth Batten Gatrell.
"He graduated from Lost Creek High School (Harrison County, WV) in 1938. He joined the U.S. Army Air Corps in July of 1940 where he served in the European Theater of Operations during WWII in England, France and Germany as a weather forecaster. He retired from the US Air Force as a Chief Warrant Officer in 1963.
"During his enlistment, he received a Bachelor of Arts Degree in History from the University of Illinois and he began his Masters Degree studies at FSU in Tallahassee and the Territorial College of Guam. Upon retirement from the USAF he settled in Morgantown and completed his Masters and PHD in history at West Virginia University. He also did post graduate work at St. Catherine's College, Oxford, England.
"He taught history at Morgantown High School from 1964 until 1970. During this time he helped sponsor Key Club and Jr. Achievement initiatives. He then transferred to Fairmont State College where he helped found the Phi Alpha Theta Academic Honorary and taught history until his retirement as Professor Emeritus in 1985. [And where he was my first college teacher and, later, when I was teaching there, the Chair of our Division.]
"In April of 1932, he began his membership in the Boy Scouts of America. Among some of his honors received from the BSA were the Distinguished Eagle Scout Award conferred upon those who have gained the status of fame or eminence in their life work. To date, only 1 in 1000 Eagle Scouts has been conferred with the DESA. [And only 2% of the kids who start into Scouting achieve the Eagle rank.] He also earned the Silver Beaver Award which is the highest honor awarded a volunteer on the local level. He served the BSA in various capacities through Wood Badge, Order of the Arrow [Vigil Honor] and as a member of the Executive Board of the Mountaineer Area Council. [He was also a fearless National Council representative, where he championed the traditional outdoor program.] He received his 70 year pin in 2002 and his 75 year certificate in 2007.
"He was an active Mason and past master of the Joseph Summers Lodge #173. He was a 33rd degree Mason. [Which is a big deal to Masons.]"
I'm thinking tonight about the hours I spent in class to him and, in Scouting, with him, and our many meaningful talks over the past 36 years. Steve meant a lot to me. He was a scholar's scholar, a Scout's Scout, and a man's man.
He had been slowing down the last couple of years, but was still mobile and fundamentally sound until a fall last week. Falls are sooooooo dangerous to old people, because their tissue is fragile, and when tissue dies, it releases chemicals that attack the organs. Those radio pendant things are a good idea. And that's also why we should frequently check on our elderly neighbors and relatives.
That Great Architect of the Universe has a Plan, but I wish He'd let us in on it.
R
"Dr. A. Steven Gatrell, 86, of Morgantown, passed away on Monday, April 2, 2007 at Ruby Memorial Hospital.
"He was born April 20, 1920 in Eldorado, KS, the son of the late A. Steven Gatrell Sr. and Wilda Elizabeth Batten Gatrell.
"He graduated from Lost Creek High School (Harrison County, WV) in 1938. He joined the U.S. Army Air Corps in July of 1940 where he served in the European Theater of Operations during WWII in England, France and Germany as a weather forecaster. He retired from the US Air Force as a Chief Warrant Officer in 1963.
"During his enlistment, he received a Bachelor of Arts Degree in History from the University of Illinois and he began his Masters Degree studies at FSU in Tallahassee and the Territorial College of Guam. Upon retirement from the USAF he settled in Morgantown and completed his Masters and PHD in history at West Virginia University. He also did post graduate work at St. Catherine's College, Oxford, England.
"He taught history at Morgantown High School from 1964 until 1970. During this time he helped sponsor Key Club and Jr. Achievement initiatives. He then transferred to Fairmont State College where he helped found the Phi Alpha Theta Academic Honorary and taught history until his retirement as Professor Emeritus in 1985. [And where he was my first college teacher and, later, when I was teaching there, the Chair of our Division.]
"In April of 1932, he began his membership in the Boy Scouts of America. Among some of his honors received from the BSA were the Distinguished Eagle Scout Award conferred upon those who have gained the status of fame or eminence in their life work. To date, only 1 in 1000 Eagle Scouts has been conferred with the DESA. [And only 2% of the kids who start into Scouting achieve the Eagle rank.] He also earned the Silver Beaver Award which is the highest honor awarded a volunteer on the local level. He served the BSA in various capacities through Wood Badge, Order of the Arrow [Vigil Honor] and as a member of the Executive Board of the Mountaineer Area Council. [He was also a fearless National Council representative, where he championed the traditional outdoor program.] He received his 70 year pin in 2002 and his 75 year certificate in 2007.
"He was an active Mason and past master of the Joseph Summers Lodge #173. He was a 33rd degree Mason. [Which is a big deal to Masons.]"
I'm thinking tonight about the hours I spent in class to him and, in Scouting, with him, and our many meaningful talks over the past 36 years. Steve meant a lot to me. He was a scholar's scholar, a Scout's Scout, and a man's man.
He had been slowing down the last couple of years, but was still mobile and fundamentally sound until a fall last week. Falls are sooooooo dangerous to old people, because their tissue is fragile, and when tissue dies, it releases chemicals that attack the organs. Those radio pendant things are a good idea. And that's also why we should frequently check on our elderly neighbors and relatives.
That Great Architect of the Universe has a Plan, but I wish He'd let us in on it.
R
"Please, do something . . ."
Dear Friends -
I was in Court all day today.
The first proceeding was a dispositional hearing in a juvenile delinquency case. My client was a boy, age 15, who had gotten into a knock-down, drag-out fracas at home. He has a really unfortunate history, was abandoned by his mother as a toddler, and is socially very backward and feels friendless.
The stress of the upcoming hearing (today's hearing) got to him last week, and he ingested a too-large quantity of controlled prescription drugs, mostly hydrocodone. He was hospitalized, and released yesterday. This episode was probably that proverbial straw on the camel's back. I put on my case in mitigation, and led my client through a touching and sincere plea to the judge. But the judge found that home was no longer appropriate, and began his near-incantation of doing the order sending the kid to a residential placement. When this boy realized what was going on, he turned to me, and it was a very little, scared kid who pleaded, "please, do something." Sadly, I've no hidden talent for last-minute, improbable advocacy, something which will change the mind of the presiding judge. (Not his heart - this Judge has a good heart. But judges rule with their minds, that's what we pay them for.) And so, my young client went off "in care" with the Child Protective Service, and it will be months before he comes back to Court in person, although the "multi-disciplinary team," consisting of all of the adults interested in his case, will meet monthly to give thought to what is in his best interests.
And I went on to half a dozen other hearings, and I've heard this kid's plea in my heart all day.
If I had unlimited time, could I have done better for this kid? Please don't answer - that's something that I have to chug around in my mind until the crush of cases forces me to move on.
I guess I'm not in a very good humor tonight.
Also, a friend died yesterday - the only guy I know with a 75 year pin in the Boy Scouts. Of him, perhaps more later.
R
I was in Court all day today.
The first proceeding was a dispositional hearing in a juvenile delinquency case. My client was a boy, age 15, who had gotten into a knock-down, drag-out fracas at home. He has a really unfortunate history, was abandoned by his mother as a toddler, and is socially very backward and feels friendless.
The stress of the upcoming hearing (today's hearing) got to him last week, and he ingested a too-large quantity of controlled prescription drugs, mostly hydrocodone. He was hospitalized, and released yesterday. This episode was probably that proverbial straw on the camel's back. I put on my case in mitigation, and led my client through a touching and sincere plea to the judge. But the judge found that home was no longer appropriate, and began his near-incantation of doing the order sending the kid to a residential placement. When this boy realized what was going on, he turned to me, and it was a very little, scared kid who pleaded, "please, do something." Sadly, I've no hidden talent for last-minute, improbable advocacy, something which will change the mind of the presiding judge. (Not his heart - this Judge has a good heart. But judges rule with their minds, that's what we pay them for.) And so, my young client went off "in care" with the Child Protective Service, and it will be months before he comes back to Court in person, although the "multi-disciplinary team," consisting of all of the adults interested in his case, will meet monthly to give thought to what is in his best interests.
And I went on to half a dozen other hearings, and I've heard this kid's plea in my heart all day.
If I had unlimited time, could I have done better for this kid? Please don't answer - that's something that I have to chug around in my mind until the crush of cases forces me to move on.
I guess I'm not in a very good humor tonight.
Also, a friend died yesterday - the only guy I know with a 75 year pin in the Boy Scouts. Of him, perhaps more later.
R
Sunday, April 1, 2007
I wish I could deal with my own spirituality
Just some random thoughts - I guess I'm spiritual. But I couldn't describe that if both of our lives depended on it. Musing about the church thing today got me on that subject. And then an anniversary got me thinking more. I saw something on the Discovery Channel this morning about secret codes hidden in the Bible, and how "scholars" are on the verge of breaking the codes and knowing the future. What bushwah. I'm for science, not spooks & smoke.
The anniversary: Two years ago today, Grandma died. That's what we called my wife's mother, who was quite involved in raising our son. (All the grandparents were.) She loved cardinals (the birds, not the Catholic thing.) Her little house was full of figurines and stained glass and other cardinal bric-a-brac. She died basically of ROG syndrome (Ran Outta Gas). I was at the house to participate in the death thing, and making the immediate arrangements. A hospice nurse was there, so we didn't need to bother with the sheriff's office or the medical examiner. As the funeral home guys were wheeling her body up the long wheelchair ramp in front of the house, a beautiful male cardinal lit in a forsythia VERY close, and just started singing and singing. The cardinal kept it up until the hearse pulled out, and then flew away.
I don't know what to make of that.
Like I say, the older I get, the dumber I feel.
R
The anniversary: Two years ago today, Grandma died. That's what we called my wife's mother, who was quite involved in raising our son. (All the grandparents were.) She loved cardinals (the birds, not the Catholic thing.) Her little house was full of figurines and stained glass and other cardinal bric-a-brac. She died basically of ROG syndrome (Ran Outta Gas). I was at the house to participate in the death thing, and making the immediate arrangements. A hospice nurse was there, so we didn't need to bother with the sheriff's office or the medical examiner. As the funeral home guys were wheeling her body up the long wheelchair ramp in front of the house, a beautiful male cardinal lit in a forsythia VERY close, and just started singing and singing. The cardinal kept it up until the hearse pulled out, and then flew away.
I don't know what to make of that.
Like I say, the older I get, the dumber I feel.
R
Knowing the Bible wasn't enough
Hi folks -
I had an interesting day. You may have noticed that I've been on a Bible quoting jag lately. I just get these little jags, sometimes Wordsworth, sometimes Emerson, sometimes the Bible. OK, sometimes Dilbert.
I generally go to work on Sunday morning after I read the paper. It's a quiet time to get ready for hearings in the upcoming week, return some calls, even see people who can't come in the office during the week. At the end of the day, I'll shower and lounge around dishabile and read in the silence of the huge house until late. Today, I went in about 10, put on the coffee, got a huge mug of it, and headed upstairs to my "working" office. I put on some New Age music, cranked it up, and started in. For some reason, my cell phone was turned off, which is really unusual. Well, I wasn't paying attention, I guess. Around 11, my son came in, his arms full of clothes. He slapped them on my desk and told me that Amy, my partner, had instructed him to deliver them to me, and that I was to shower, shave, get on a coat & tie, and have my ass over to her church by noon. I first thought that this might be her attempt to bring me closer to Jesus, or something of the sort, but she knows that I'm rather unconventional, so I discounted that. The office phone rang, and it was Amy. She was pretty frantic about wanting me over to the church ASAP. She is a trustee & a deacon (I think the first is temporal and the second is spiritual), and they were having a difficult business meeting where someone that the board of deacons wanted to toss out of the membership had brought an abrasive lawyer with him. Well, it's pretty darn sad when anyone needs their lawyer to go to church with them. (And that goes for both that member and the church deacons, etc.)
I buzzed over, went in the back way, and I slipped into the back pew. (OK, to the extent that I can ever "slip" anywhere.) I remained totally quiet, and I think that the only thing useful for the church I did was be seen by the other lawyer, with whom I've had little issues in the past. (I would like to think that I get along with everyone. There are darn few exceptions. This guy is an exception.) I'm glad I went, though, because this was a laboratory in behavior of humans under stress. The moderator quoted some scripture, generally appropriately, but it didn't do what I'd call a whole lot of good. A couple of preliminary business matters were disposed of with some minimal controversy, and then the congregation took up the expulsion. There were shouts (not "Hallelujah," but things like "This is crap"), tears, spontaneous prayers, sighs, applause, jeers and even a few amused looks. The affected member was duly de-membershiped (or whatever the heck you would call that result.) That member and his abrasive lawyer stalked out, and I'm thinking about calling that lawyer tomorrow and sweetly telling him that I'll accept service for the church, in other words, when they sue, to send the documents to me. I can't say that I know a whole lot of canon law, but I do know that the civil courts in West Virginia are very reluctant to intrude into the affairs of churches. Well, it's a little more pro bono work to fit into the schedule.
I don't know if I really have a point here. Maybe I'm just thinking that human foibles are evident everywhere, and no one and no group is immune from them. Maybe this relates back to the post about not fighting your pack.
Well, that Great Architect of the Universe certainly has a plan, but I still don't have a clue what it is.
Mizpah!
R
I had an interesting day. You may have noticed that I've been on a Bible quoting jag lately. I just get these little jags, sometimes Wordsworth, sometimes Emerson, sometimes the Bible. OK, sometimes Dilbert.
I generally go to work on Sunday morning after I read the paper. It's a quiet time to get ready for hearings in the upcoming week, return some calls, even see people who can't come in the office during the week. At the end of the day, I'll shower and lounge around dishabile and read in the silence of the huge house until late. Today, I went in about 10, put on the coffee, got a huge mug of it, and headed upstairs to my "working" office. I put on some New Age music, cranked it up, and started in. For some reason, my cell phone was turned off, which is really unusual. Well, I wasn't paying attention, I guess. Around 11, my son came in, his arms full of clothes. He slapped them on my desk and told me that Amy, my partner, had instructed him to deliver them to me, and that I was to shower, shave, get on a coat & tie, and have my ass over to her church by noon. I first thought that this might be her attempt to bring me closer to Jesus, or something of the sort, but she knows that I'm rather unconventional, so I discounted that. The office phone rang, and it was Amy. She was pretty frantic about wanting me over to the church ASAP. She is a trustee & a deacon (I think the first is temporal and the second is spiritual), and they were having a difficult business meeting where someone that the board of deacons wanted to toss out of the membership had brought an abrasive lawyer with him. Well, it's pretty darn sad when anyone needs their lawyer to go to church with them. (And that goes for both that member and the church deacons, etc.)
I buzzed over, went in the back way, and I slipped into the back pew. (OK, to the extent that I can ever "slip" anywhere.) I remained totally quiet, and I think that the only thing useful for the church I did was be seen by the other lawyer, with whom I've had little issues in the past. (I would like to think that I get along with everyone. There are darn few exceptions. This guy is an exception.) I'm glad I went, though, because this was a laboratory in behavior of humans under stress. The moderator quoted some scripture, generally appropriately, but it didn't do what I'd call a whole lot of good. A couple of preliminary business matters were disposed of with some minimal controversy, and then the congregation took up the expulsion. There were shouts (not "Hallelujah," but things like "This is crap"), tears, spontaneous prayers, sighs, applause, jeers and even a few amused looks. The affected member was duly de-membershiped (or whatever the heck you would call that result.) That member and his abrasive lawyer stalked out, and I'm thinking about calling that lawyer tomorrow and sweetly telling him that I'll accept service for the church, in other words, when they sue, to send the documents to me. I can't say that I know a whole lot of canon law, but I do know that the civil courts in West Virginia are very reluctant to intrude into the affairs of churches. Well, it's a little more pro bono work to fit into the schedule.
I don't know if I really have a point here. Maybe I'm just thinking that human foibles are evident everywhere, and no one and no group is immune from them. Maybe this relates back to the post about not fighting your pack.
Well, that Great Architect of the Universe certainly has a plan, but I still don't have a clue what it is.
Mizpah!
R
Subscribe to:
Posts (Atom)
