Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
Wednesday, December 31, 2014
Random Snippets: Western law schools
Denver University's College of Law was founded in 1892.
Tuesday, December 30, 2014
Today In Wyoming's History: December 29 Updated
2014 The Special Master issues his report on Tongue River allocations in Montana v. Wyoming. Wyoming newspapers report this as a victory for Wyoming, but Montana papers report that both states won some points in the decision, which now goes to the Supreme Court for approval or rejection.
Je Ne Regrette Rien et Je Me Souviens: Resolutions and Regrets
These two attitudes might best be summed up by the two French phrases, which sounds so much more poetic in French than in English, from two different sources.
The first phrase if from Édith Piaf's classic, and defiant, song by that title, which freely translates as "I don't regret anything". It starts out:
Non... rien de rienThat translates as:
Non je ne regrette rien
Ni le bien... qu'on m'a fait
Ni le mal, tout ça m'est bien égale..
No, nothing at all,I can see why this defiant song was sung by defiant French Legionairres as they went into captivity following their failued uprising in Algiers.
No, I regret nothing
Not the good things. . . they did to me
Nor the bad. . .may it's all the same to me!
In contrast, there's the defiant motto of Quebec. "Je me souviens", or "I remember".
To remember, and to remember accurately, is to have regrets, at least some minor regrets. And to have regrets requires us to attempt to adjust to avoid creating new regrets if we can. As a learning intelligent being, we must face our regrets and act where we can. And those are resolutions.
Of course, some regrets are unaddressable. Things we regret from eons ago, or regrets about situations which are permanent. Those kind of regrets, we're told, can be disabling. There's no point in crying over spilled milk, we're told as children, and there certainly isn't any point in crying over milk that's spilled and then spoiled. But, as a person with a long memory, I'm sometimes conscious of those old regrets.
But I don't view that as a bad thing. We are a species which weighs and measures things, including mistakes, and mistakes that stick with us do so for a reason. We've no doubt always been that way, as in "I regret whacking that bison on the head. . . I shall not do so again."
And I do make resolutions. I'm a work in progress for sure, and I know that. As we all have a backdoor view of ourselves, which nobody else does, I"m sure that most people acknowledge that. Indeed, a person who thinks that they're near perfection is a pain, and laboring under an illusion. Few do that, however.
Which doesn't mean the content should not be. Some do better than others at their lives and some also are blessed with fortune, opportunity, or a personal makeup that allows for them to be contented. Indeed, I suspect all are.
Which is why regrets well chosen, and resolutions well made, are useful. And January 1 is as good of time to make those as any other, whether they be large, as some people's are, or small, as most of our resolutions really are.
So, Happy New Year!
The best-laid schemes o' mice an' men: Lex Anteinternet: Lex Anteinternet: Lex Anteinternet: $40/barrel?
Lex Anteinternet: Lex Anteinternet: Lex Anteinternet: $40/barrel?: A couple of weeks ago I posted this: Lex Anteinternet: Lex Anteinternet: $40/barrel? : Lex Anteinternet: $40/barrel? : Driven by Sau...Related to this, in yesterday's Tribune there was an article about the county's plans for infrastructure, based upon the (frightening) estimate that the county will gain 30,000 residents over the next 25 years. Well, this brings to mind:
But Mousie, thou art no thy lane,Excerpt from Robert Burns, To a Mouse, on Turning Her Up in Her Nest with the Plough
In proving foresight may be vain:
The best-laid schemes o' mice an' men
Gang aft agley,
An' lea'e us nought but grief an' pain,
For promis'd joy!
I was amazed by the prediction, but in reading the article I found one of the knowledgeable folks in it noting that all the planning was done before the current crash in the price of oil. In other words, the planning basically was done with $100/bbl oil in mind, in perpetuity. Not oil that's dropping below half that price, and falling. Indeed, planning aside, this state now faces a decline in oil that represents about 50% of this value six months ago, and its still falling. Coal in the meantime has been steadily declining in production. Natural Gas prices collapsed some time ago. And actual demographic information is that the state lost about 1.5 times the number of people that the county plans stated would come into the county each year for 25 years. Wyoming's population slightly increased last year, but due to births by residents.
Now, I'm not getting after the planners nor the industry, but pointing out that all such planning has some inherent folly to it, as the assumptions that are made are frequently highly invalid. Looking at the basic industries of the state, all extractive save for tourism and agriculture, what we actually have is an economy based upon the production of three things, gas, coal, and oil, and all three are may be, or might not be, in some long term trouble Oil is the most stable, sort of, as the consumption of it will go on for some time, but even long term trends there are not comforting for those who would base an economy solely on it. The old habits of the country which saw fuel consumption dramatically rise every time the price at the pump went down are really over. People seem now fully committed to accepting rising CAFE standards and ever more fuel efficient cars, and turning away from petroleum entirely seems to be a widely shared goal. During this period, Saudi Arabia, whose economy entirely depends on the sale of petroleum, can afford to keep the price low and keep the money coming in, until it can hope to shift to something else in the future. They seem fully aware of that now and committed to that course.
The irony of that is that, but for the Saudi Arabian gambit, the oil economy did appear to have been fairly stable, which the planners no doubt noted, as consumption will go on, the cyclical nature of prices seemed over, and after the drilling was relatively complete, the infrastructure will of course remain and need to be serviced. But nobody planned on Saudi Arabia essentially knowing the same thing, and also knowing that it could drop the price and crowed the domestic industry out. That shows, I suppose, the inherent risks in any sort of long term planning. You can never really fully account for such things.
Gas, which did create a booming economy in some Wyoming counties, sort of endured a price crash awhile back which was more predictable, but also seemed to take people off guard. The reason for that is that the new gas pockets were, in some areas, easy to exploit, but once the infrastructure came on line, which was regional in extent, it put a lot of gas on the market. Gas used to be basically consumed here locally, as that's all the infrastructure that there was, and the thought, reasonable enough, was that once our gas was put into a national infrastructure, the price would rise. It did, but then all the regional gas including the Canadian price came into the system too, and then the price at the wellhead fell.
Coal's problems are much deeper, but without going into them, here we can say that everyone has been pretty good in deducing that and essentially planning for decline. That's a good thing in that while the decline is perhaps at least somewhat inevitable, it hasn't really caught anyone by surprise too much. It's a huge problem for State government, however, in that much of the state's revenue comes from coal.
At any rate, what that now means is that all the local planning may be really out the window. That would suggest, in my view, the planning was too early, and much too unimaginative in its nature. The risk now is that we'll go on for some time with plans that have every appearance of being obsolete, and that perhaps we ought to plan for a period of decline, or perhaps we should have been planning for that possibility all along. What if prices stay this low, or lower, for a decade? That's something we better start planning for. The industry itself likely is, as it's good at planning for such things as a rule, and has learned from the shocks of the past.
Also, while it places me in the camp that some regard as radical, in doing the planning, there's nothing wrong with trying to keep a lid on some aspects and byproducts of growth as well, which isn't the planning we've always been doing. We always seem to believe we can have everything we want, but we can't, or that everything is simply inevitable and capable only of some direction. By this point in time, we should be aware of that and strive to keep the things that make any one place nice in some ways and control things in a planning sense to our advantage, when we can, which in part might build in an element of delay that would allow for a cushion should plans go awry.. Nearly every place that people seek to escape in the US today got that way as the only plan was to encourage things to come in, or just assume that was inevitable, and they did, until people weren't happy about what had developed but could do nothing about it. Some forethought of that type should be made, even thought that means not building all those roads, etc., or at least not doing it right away We can afford to be smarter than we usually are when times are good and plan accordingly, and when things go badly, the motivation for effective planning usually goes out the window with the economy.
Of course, the folly of planning is that its very difficult to really make a rational plan of this type more than ten years out, if event that long. Early predictions for the state held that the population of the state would be double its current population early in the 20th Century, which obviously were incorrect, but which were built on the assumption that Wyoming's economy would mirror Pennsylvania's then industrial economy. A plan made 25 years ago would still be somewhat valid, if wisely done now, as not that much has changed in spite of the fact that we think it has. But would a plan drafted in 1925 have been valid for 1950? Probably not. Or a plan in 1950, in 1975? Planning is a must, but not accepting that generally most plans go out the window and planning itself is more valuable than the plan is something that should always be taken into account.
Monday, December 29, 2014
The Big Picture: Southern Big Horns
Sunday, December 28, 2014
Movies in History: Stalingrad, Enemy At The Gates, and Stalingrad
Movies In History: The Cowboys
This 1972 John Wayne film is one of his absolute best, second only to The Searchers (a film I have not yet reviewed in this list). It's a classic drama, and touches on a Romantic part of our history in a way few other films do.
This running thread, of course deals with movies in history, not movies as great cinema, and so we'll only really look at this film in this context, and looking at it that way, the film does remarkably well, particularly for one filmed when it was.
Set in Montana in the late 1870s or 1880s (the film isn't really clear, other than that it is post Little Big Horn), the film surrounds a cattle drive east across Montana to Belle Fourhe, South Dakota. As rancher Wil Anderson's cow hands have all quit to participate in a gold rush on the Ruby River, he's forced to use actual boys.
The plot device actually only exaggerates a custom that existed at the time, and it is not hard to find examples of very young teenage cowboys participating in drives. Indeed, going to work and leaving home at that age was not uncommon at that time, and my own grandfather did so at age 13 in the early 1900s. Anderson's cowboys are, in some instances, very young in this film, but I've seen middle school aged cowboys not much older participate in drives in present times.
In terms of details, the film does a very good job, and the ranching details are mostly correct. A nice detail in the film depicts a large string of horses being gathered prior to the drives commencing, which is accurate for the era and even now. The firearms shown for the period are surprisingly correct in an era when they rarely were, and some older arms are shown in use, including one cap and ball Colt revolver. This is very unusual for a film of this period.
Of course, it isn't perfect. The clothing is generally correct for the boys, but not for the adults in all cases, as both Anderson and cook Nightlinger are shown wearing cotton jeans and otherwise being dressed in the fashion that Wayne had made popular for cowboy films of this era, but which did not depict dress of the period accurately. Therefore, the film has an interesting mix of correct and incorrect clothing.
All in all, however, this film deserves its place as a classic and does pretty well in terms of historical detail.
Lex Anteinternet: Movies getting it right in time and place
Lex Anteinternet: Movies getting it right in time and place: Movies, for good or ill, shape our view of the past, so I thought it might be interesting to note those that seem to get a certain topic or...Which brings up this question.
Are seeing movies part of your Christmas traditions?
Movies getting it right in time and place
Postscript
Over time, I decided to change this topic so that the films discussed, rather than be listed here, have been individually listed. Therefore, the list that once appeared here, no longer does. As the films were separated out, I generally just posted them to the last updated date, August 2, 2014, where they now appear.
Postscript II
It is, of course, Christmas Season and for some weird reason, that's associated with movies, both big screen, and on the small screen.
Even though I really hate to spend any free time I have indoors, I've caught a few films on the small screen over the holidays, and so I intend to note them in this context. Given the change in this thread over time, I thought I'd note that here, particularly as some of these films are old, not new, and otherwise my reasons for noting them might seem odd.
Monday, December 28, 1914. Ottoman advance slows.
The Ottoman advance at Sarikamish slowed due to exhaustion.
The first Sherlock Holmes film, A Study in Scarlet, was released with American actors Francis Ford and John Ford, the famous director, appearing as Holmes and Watson. Francis Ford directed.
It is a missing film.
Last edition:
December 26, 1914. Boxing Day.
Sunday Morning Scene: Churches of the West: St. Mark's Episcopal Church, Cheyenne Wyoming
Saturday, December 27, 2014
Lex Anteinternet: Lex Anteinternet: $40/barrel?
Lex Anteinternet: Lex Anteinternet: $40/barrel?: Lex Anteinternet: $40/barrel? : Driven by Saudi Arabian efforts, the price of petroleum oil is falling through the floor. When I las...West Texas Light is at $54.73 this morning. Wyoming's crude, which was at $80/bbl in September is likely below that now. Rigs are being stacked.
And 2,000 more people left the state this past year than moved in. That's a clear sign. We're in a slump right now, in spite of denial of that by people who are hoping that booms are endless. Anyone who has lived here for awhile knows this to be the cycle of the industry, and should not be surprised, but no doubt many are.
Of course, this may be a slump, not a crash. But the local oil economy is just a service economy for existing production if oil is in the $50s. There's no sign of that changing any time in the near future.
Inaccurate headlines, and the NCHS Swimming Pool
Friday, December 26, 2014
Random Snippets: Bad Christmas music
Truly.
It's clear that most post 1900 Christmas music is just flat out bad, and beyond that it often has nothing to do with Christmas. Just because it gets repeated again and again doesn't make it good. For example, Rudolph the Red Nosed Reindeer may be played in grocery stores across the continent this time of year, and you may have learned it in grade school, but that doesn't make it good.
Generally, the more recent the music is, the worse it is too. There are, of course, some exceptions. Perhaps Feliz Navidad, for example, is worthwhile.
But is this worse than old songs, sung by modern artists? Hard to say. The general approach most current artists have to Holiday music is to sing it about five times under speed and in a self indulgent manner. Stretching a vowel out over 15 bars, for example, doesn't make it good. Have a Hooooooollllllyyyyyyyy Joooooooolllllllllllllllyyyyyyyyyyyyyyyyyy, Christmas, for example, isn't really Christmasy.
Happy Boxing Day!
Boxing Day is a legal holiday in most English speaking nations, even though its not observed in the United States and its largely unknown here. It came about as it was the day that employers traditionally gave gifts, in boxes, to employees. Or at least that's one version of how it came about. At any rate, it's generally a day off, and often met with sports, including equine sports, in much of the English speaking world.
In the U.S., of course, it isn't observed. But on a Christmas such as this, in which the holiday falls on a Thursday, many will receive the day off anyway. And all the better for it. Returning to work the day after Christmas is tough, particularly for those with families.
Traditionally, I'd observe this day with a post Christmas goose hunt. I should this year, but the snow over the past 24 hours has been so heavy, just digging out from the snow to the mail box may be a bit tough.
Combat over the 1914 Christmas Truce.
December 26, 1914. Boxing Day.
The unofficial truce between the combatants, which by this point had spread to certain areas of the Eastern Front where the Austro Hungarian Army was present, continued into its third, and final, day.
No news of the truce had spread to newspapers as the reporting of the event had been suppressed, although that would soon change.
Last edition:
Christmas Day, 1914.
Thursday, December 25, 2014
Christmas Day, 1914.
The unofficial truce between German and British troops was widely observed with the troops mingling between the lines and playing soccer.
Elsewhere the war raged on.
Ottoman forces besieged Ardahan, held by the Russians. The Russians were ordered to withdraw from Sarikamish.
The Russians pushed the Polish Legion back at Łowczówek, Galicia, but their defense caused the Russians to halt further advances.
Aircraft of the Royal Navy raided Cuxhaven.
Last edition:
Thursday, December 24, 1914. The Christmas Truce.
Merry Christmas!
Wednesday, December 24, 2014
Thursday, December 24, 1914. The Christmas Truce.
The unofficial Christmas Truce of 1914 commenced between German and British troops, both in Europe, and interestingly also in Africa. The Pope had called for one, but that had been rejected by the warring parties. The troops caused the truce on their own.
John Muir died in Los Angeles at age 76.
Last edition:
Tuesday, November 17, 1914. Strained resources.
Tuesday, December 23, 2014
Everything old could be new again: Letters of Marque and Reprisal
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Train crew size
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An interesting article in the Tribune today relates that railroads are petitioning to allow trains to have a single crewman.
It also related that at the end of World War Two, trains (by which I think they meant freight trains) had a crew of seven, which was down to five by the 1970s, and which is now down to two. Pretty remarkable change.
I guess in the fwiw category, while I don't doubt that a train could be manned by a single man, I think it a poor idea really, given the safety concerns that might give rise to in certain situations.
UW Foundation intent on cashing-in gift of Y Cross ranch
We've commented on this before, but an ongoing "boo hiss" is in order for the University of Wyoming on this one.
A Christmas Dinner for horses.
Monday, December 22, 2014
Lex Anteinternet: Shaving
Lex Anteinternet: Shaving:Bleh. . . I have to admit that recently shaving has been one of those daily tasks I'd gladly give up. I actually will skip it at least one day of the weekend, Saturday, and frequently I'll skip it on Sunday too. If I have a few days off, which I hardly ever do, I'll generally skip it then as well. I just don't like doing it first thing in the morning, and if I were retired, which I'm nowhere near being, and for which there's a fair chance I'll never be, I might just grow a short beard. This is particularly in mind this morning as I shaved on both days of the weekend, which I rarely do.
West Point Cadet shaving with a straight razor in the field. The
first thing I do every weekday, or at least every weekday that I work
Having said this, I'm increasingly surprised by the number of men who find it acceptable to pack a couple of days stubble during the workweek. It's really common. I was at a deposition the other day in which, for instances, one of the lawyers had on a suit and tie and about two days of beard growth.
An odd thing about that is how thin a lot of those beards are too. They're scraggly, in many instances. For a guy like me, with a really heavy beard, it's weird to see guys skipping a couple of days shaving to grow such thin beards, when if I did that, I'd look like a bear in short order. Looking back on photos of the hairy 19th Century, it makes me wonder where those guys were then, as it seems like everyone in that era could either grown a titanic beard or mustache.
At any rate, it's probably a sign of my age, but either grow a beard or don't. The scraggly two or three days of thin beard growth look just doesn't work.
Christmas in the Trenches: A unit Christmas Card from World War One.
Sunday, December 21, 2014
Christmas Posters, World War One
Sunday Morning Scene: Churches of the West: St. Patrick's Catholic Church, Casper Wyoming
Saturday, December 20, 2014
Sunday, December 20, 1914. Champagne.
The French Fourth Army launched attacks from Artois and Champagne-Ardenne.
British Indian troops were dealt a setback by the Germans at Givenchy.
The Aurora arrived at Hobart, Tasmania, Australia to take on final stores before journeying to the Antarctic before proceeding to the same to set out a base for the Imperial Trans-Antarctic Expedition, still proceeding in spite of the outbreak of World War One.
Last edition:
Friday, December 18, 1914. Africa and the Great War.
Friday, December 19, 2014
Today In Wyoming's History: December 18 Updated.
2014. Nebraska and Oklahoma filed a petition with the United States Supreme Court seeking to have leave to sue Colorado on a Constitutional basis.regarding Colorado's state legalization of marijuana. The basis of their argument is that Colorado's action violates the United States Constitution by ignoring the supremacy nature of Federal provisions banning marijuana.
While an interesting argument, my guess is that this will fail, as the Colorado action, while flying in the face of Federal law, does exist in an atmosphere in which the Federal government has ceased enforcing the law itself.
Kill and eat. The deeply unnatural, and rather odd, nature of vegetarianism.
Of course, you can also hunt for your mean, in part or whole, which not only doesn't impact wildlands, but which has been demonstrated to be their most effective protector. Its hunters who have been the main drivers for the protection of any type of wildland, followed, in the United States, by ranchers who require what most people would regard as wiildlands, even if they don't, large acreages for grazing.
Moreover, the natural diet is the one that's best for you. That's the one you are evolved to eat.
On the next day, as they were on their way and approaching the city, Peter went up on the housetop about the sixth hour to pray. But he became hungry and was desiring to eat; but while they were making preparations, he fell into a trance; and he saw the sky opened up, and an object like a great sheet coming down, lowered by four corners to the ground, and there were in it all kinds of four-footed animals and crawling creatures of the earth and birds of the air. A voice came to him, “Get up, Peter, kill and eat!”Kill and eat. Not even close to what those who imagine themselves to be following in terms of Christianity in the context of vegetarianism, like to cite.
And of course Moslems also have a history of eating meat. I'm much less familiar with the tenants of Islam in this context, but basically Islamic practices and laws concerning diet are fairly similar to Jewish ones, with the addition that Moslems are not supposed to drink alcohol. Like the Jews, Moslems have a least one yearly observance with requires the slaughtering of a lamb, so the religion doesn't square with vegetarianism at all. However, being a faith that's much more centered in the non Westernized regions of the globe up until very recently, I also do not think I've ever heard anyone claim to be a Moslem vegetarian either.
Okay, so where does this take us, where, to here.
Well for one thing, the fact that there are so many vegetarians and even vegans says something about our society and the the times we live in, and not in a good way, for the most part. Societies that live close to nature live close to reality, and that a lot of people are electing for this deeply unnatural, and even anti-natural, diet shows how far from a sense of reality we now live. That a lot of these same people are very well meaning and also deeply believe that their acting in accordance with nature, or in accordance with some species of philosophical high mindedness, shows how badly we now fail to understand basic nature and have even a remote grasp on philosophical matters. This doesn't mean that these people are "bad" people, but it does mean that a huge number of these people are acting in accordance with a set of beliefs that can only exist if a person has very little exposure to the natural order and even a misconstruction of it, with some certain exceptions existing for people who have taken this up for other thought out reasons.
Additionally, a set of summations about this can be made, those being:
1. Be a vegetarian if you wish, but don't fool yourself that its an ethically superior choice, or an environmentally benign one. It's neither, save for the sole example of somebody giving up meat as a species of intentional moral self sacrifice, which is very rare in this day and age. But even at that, unless that sacrifice is based in religion, it isn't really going towards any point.
2. Don't fool yourself that its the healthiest choice going. Reason would stand to dictate that the diet you should eat is the one you are evolved to eat, and that's not a vegetarian diet by any stretch of the imagination. Don't make false comparisons here either, and note that a diet of Big Macs isn't good for you. Of course it isn't, but two unnatural choices doesn't mean that those are the only choices that exist.
3. Let's not pretend that its the "natural" diet, that's a western world hallucination only capable of being believed in a highly industrialized society that can supply protein in some other fashion. Nowhere else is that fantasy believed and its scientifically invalid.
4. Don't argue that its religiously mandated by religions of antiquity, that just isn't so and any argument to that effect is demonstrably false.
Does this mean you shouldn't be a vegetarian? Well, frankly it does. As a diet its not supported by our evolution and that pretty much means you're having to make huge adjustments somewhere. Does that mean you ought to eat bacon burgers three times a day? Of course not, that's not supported by our evolution either. It does mean that the folks in the western world who take some of their own meat in the field or streams, and there are those who take all of their meat that way, are dieting closest to what nature would have for us, but it otherwise means that a person ought to simply use their heads a bit and not buy into dietary fantasy, something that's particularly common in our flighty and overweight society. Perhaps it would be simply best if people bought a fly rod or a shotgun and headed out to the field every now and then.
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*One of the most amusing, or maddening, arguments made by vegetarians is that every single historical figure of consequence was a vegetarian. This sort of argument is actually common for any sort of social movement, which is what vegetarianism really is, and they all tend to go back towards figures of antiquity on occasion as the further back you go, the more difficult any assertion you might make is to disprove. Rarely are the claims for any one person analyzed in depth. For example, I've seen it cited for Benjamin Franklin, but its rarely noted that he switched back and forth on his diet over time making him inconsistent in these regards, and as brilliant of man as he was, he also had other practices most of us wouldn't feel that we were compelled to take up. And in this instance, the most famous of all modern vegetarians, the gassy murderous Adolph Hitler, is always omitted, which he should not be as, after all, he's a really well known example whose habits are very well known.
**Most westerners have real misunderstanding of religions of the East and frequently misunderstand their basic tenants. For one thing, a lot of westerners don't grasp that monotheistic religions are as common in the East as any others and that a person can't really discuss Eastern religions without including them. For example, there are Catholic populations in Indian that date to the Apostolic age and Christians are quite numerous in South Korea and China, and of course the Philippines, where they are the majority. Islam is a major Asian religion in China, Central Asia, Indonesia, the Philippines and parts of Southeast Asia. Animist religions, based on the worship of departed souls, is common in much of China and Korea, and retains a following in Japan. In Korea, Japan and China, that type of devotion far exceeds the number of people who adhere to Buddhism and none of those countries can be regarded as "Buddhist". Buddhism itself, being sort of a philosophy in certain ways, sometimes accommodates itself to other native religions so that there are people who combine an animist religion with it. The mainland Southeast Asian countries are, or were, Buddhist, but all of them have had significant Christian or Moslem minorities for a very long time. The nature and practice of Buddhism itself is often quite misunderstood in the west, and its rarely grasped that it was a reform of Hinduism.
***I do realize in typing this out that there are some contemporary Monotheistic religions that hold to vegetarianism as part of their beliefs, but none of them date to antiquity. Some that are sometimes cited as being vegetarians are, additionally, not although some of their members may be as a form of observance, which is once again different from the practice being a tenant of their Faith.