Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
Thursday, January 15, 2015
And while we were watching Paris. . .
This is in the news, but not like Paris, no doubt because it's activities are principally in Africa, rather than somewhere else.
Just thought you'd want to know.
Today In Wyoming's History: Update: Today In Wyoming's History: January 14
Friday, January 15, 1915. Thinking about Gallipoli and Solidarity Forever.
The British War Council approved plans to open a new front by landing Allied troops on the Gallipoli Peninsula.
The blame for what would ultimately prove to be an Allied disaster is often placed at Churchill's feet, but in fact the concept was first suggested by an aging Royal Navy commander who was suffering from the onset of Alzheimer's.
There's a lesson in there.
The French submarine Saphir was sunk with the loss of 27 of her crew.
The submarines Saphir and Curie, fallen gloriously in battle, are brought to the agenda of the Naval Army. In his affliction of having seen succumb such valiant servants of the country, the commander-in-chief reminds everyone how proud the army should be to have in its ranks officers and crews capable of heroic actions such as those that were accomplished by these valourous ships whose names will remain in maritime legends. Honour and glory to the officers and crews of the Saphir and Curie, they have truly earned it from the Fatherland.
Augustin Boué de Lapeyrère, admiral of the French navy.
British Home Secretary Herbert Samuel proposed British support for Zionism and a Jewish state in Palestine, in The Future of Palestine.
FWIW, Samuel was himself Jewish and perhaps sympathetic to his coreligious, who endured terrible oppression in some quarters of Europe. Of course, that was going to get worse in the future.When the union's inspiration through the workers' blood shall run,There can be no power greater anywhere beneath the sun;Yet what force on earth is weaker than the feeble strength of one,But the union makes us strong.Chorus:Solidarity forever!Solidarity forever!Solidarity forever!For the union makes us strong.Is there aught we hold in common with the greedy parasite,Who would lash us into serfdom and would crush us with his might?Is there anything left to us but to organize and fight?For the union makes us strong.ChorusIt is we who plowed the prairies; built the cities where they trade;Dug the mines and built the workshops, endless miles of railroad laid;Now we stand outcast and starving ’midst the wonders we have made;But the union makes us strong.ChorusAll the world that's owned by idle drones is ours and ours alone.We have laid the wide foundations; built it skyward stone by stone.It is ours, not to slave in, but to master and to own.While the union makes us strong.ChorusThey have taken untold millions that they never toiled to earn,But without our brain and muscle not a single wheel can turn.We can break their haughty power, gain our freedom when we learnThat the union makes us strong.ChorusIn our hands is placed a power greater than their hoarded gold,Greater than the might of armies, multiplied a thousand-fold.We can bring to birth a new world from the ashes of the oldFor the union makes us strong.
A familiar package was patented.
Last edition:
Wednesday, January 13, 1915. The Avezzano Earthquake.
Wednesday, January 14, 2015
Protection is sometimes not needed until it is. A bill to protect the clergy
Today, however, I'm commenting on something that goes the other way, that being a bill that's in the legislature which would protect a person from suit who will not preside over a same gender marriage. The Tribune editorialized in opposition to this bill the other day.
That editorial was extremely telling, really, as it shows the mindset of those who just don't grasp this issue. Starting off with the claim that there are no worries, as the 1st Amendment to the U.S. Constitution protects anyone in that position, it then goes on to express the view that the bill is just sour grapes as a Federal judge forced this on the state, and that same gender unions are good for marriage overall. So, in one fell swoop the editorial actually states the fears that this bill seeks to address, those being that: 1) the Federal courts can make something that was never conceived of as being legal the law overnight, and 2) if you don't agree with this change you ought to, so you have no legitimate complaint anyhow.
Beyond that, this is the first inkling of a concern by those who backed this change (as the Tribune did) that its likely be extremely temporary. The elephant in the room on this issue is that that U.S. Supreme Court hasn't ruled on it yet, but is likely to do so in the next two terms, and when it does, it's probable that the ruling will either uphold prior state laws or the Court will hold that the entire issue doesn't belong in Federal court at all, and remand all of it to the states. In that case, the local ruling would basically evaporate overnight and it would become a state issue. Nobody really knows what the Wyoming Supreme Court would do with this issue, but its pretty certain that the legislature would not be in favor of any changes in the reading of the law.
So what about the first point in the editorial. Is the Tribune right?
Well, maybe it is, and maybe it isn't. We need to also keep in mind that there's a bill also pending in the legislature which would prohibit discrimination based upon a person's orientation. People everywhere in the US tend to already think that this is the law, and most people aren't in favor of any kind of real discrimination, but that actually isn't the law. Chances are that it will be, either legislatively our through court action in the foreseeable future.
For most people, that actually won't matter, but there are a collection of people for whom this creates a moral crisis. And its one that isn't often understood and is unfairly dismissed by those who don't look at it.
To start with, its very clearly a problem for ministers of most monotheistic religions that hold the long established theology of their faiths. Judaism, Christianity, and Islam all regard the conduct that this surrounds as sinful, and none of them regard marriages between same gender couples as valid. Now, before somebody seeks to correct me, I do concede of course that there are present examples of individuals in Judaism and Christianity, including their ministers, who hold the opposite view, but they are all reformist in some manner. That is, in order to take that view, they have to qualify or reinterpret part of what was very long held doctrine.
Now this post isn't intended to be a theology treatise, which I'm not qualified to attempt to do in depth anyhow, but rather to note the next item, which is that Conservative and Orthodox Jewish Rabbis, Muslim mullahs, and ministers in the Catholic, Orthodox and some Protestant denominations hold the view that same gender unions cannot be regarded as marriages and that they cannot perform them. Indeed, they'd regard preforming them as an immoral act with enormous personal consequences.
Beyond that, members of these various faiths, at least in some cases, also hold the views that cooperating in such unions is itself a species of religious fraud, as it gives evidence that they, as loyal members of their faiths, disagree with the faith. Frankly, the average person in most faiths seems able to ignore big chunks of it if they're average members, but for those who are serious about their faiths, this can present a very real problem if they're asked to participate in some fashion, which can include everything from simply attending to being asked to provide some sort of service, like photographs or a cake.
Because so many people have very casual views about everything in this area, the fact that this can in fact create a moral crisis is lost to many people. Indeed, many people are pretty comfortable with a judge ordering a priest or rabbi to do something, as they feel "well, he doesn't have to believe. . but what's the harm. . .". And a larger group yet is very comfortable with the idea, for example, that a Jewish bakery can be ordered to provide a cake, as to not do so would be "mean", or that a Catholic flower shop can be ordered to provide flowers, as to not do so is hateful.
But if any of those individuals feel otherwise, and they stick to their guns, the full sanction of the law could impact them, as it already has in some states where the law has changed, in so far as laymen are concerned.
And, as touched on earlier, this is already a present problem, at least on a theoretical basis, for those who hold clerk positions. If a young Muslim woman is working in a county clerk's office and is asked to issue a marriage license, can she get canned if she refuses and it has to go to another clerk? What if a Greek Orthodox judge decides that he doesn't want to preside over civil unions in his courthouse? Is that the end for him?
It could be.
The Tribune, which has sued more than once when it feels its Constitutional rights are being trampled upon, feels that the 1st Amendment neatly solves all of this. The 1st Amendment states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.All the 1st Amendment really says, of course, regarding religions is that no U.S. state was to go down the same road that England, Scotland, Norway, Sweden, or Denmark had, and make a certain religion the state religion. Indeed, of significance to this discussion, in each of those instances the establishment of a state religion came about when the state acted to overthrow the religions establishment of the country and get it to do something it wasn't going to do voluntarily, so in essence the state acted to tell the established church what to do.
The First Amendment has been interpreted, of course, to allow "the free exercise" of any faith, and the Tribune's thought is that as this is the case, everyone is protected. And the Tribune might be 100% correct. Having said that, the states in fact do already restrict the free exercise of religion and always have. While I'm not advocating for a change in this particular aspect of state law (although that's coming about through court action anyhow) one such example is in that marriages are limited to one spouse a piece. What are sometimes referred to as "fundamentalist Mormons" believe that one man should be able to have multiple wives. Muslims believe that one man can have up to seven wives, although their faith doesn't mandate that they do so. Other examples could be found.
It's safe to say, in any event, that sooner or later some priest, rabbi or mullah would get sued for refusing to preside over a same gender union. And some flower shop, bakery, caterer, or banquet hall would as well. It'd be inevitable. Maybe the First Amendment would operate to protect them, it probably would, but to be concerned that it might not, or to feel that added protection might be in order, isn't unreasonable.
The truth of the matter is that Americans have sort of a dual religiosity and the United States is a fairly religious nation. But part of that is that there's sort of a widely held civil religion that's relativistic and which holds tolerance of everything and being nice to everyone as a primary virtue, without looking at any one topic too deeply. For the thousands, and maybe millions, who also take the tenants of their faiths seriously, however, there are lines they cannot cross. For most Americans, up until now, that's mattered little, although again there are tens of thousands and maybe millions who have actually do face trials of one kind or another of this type everyday, where things that they'd reject have crept into civil life over the decades. But what we've seen recently has come as a court made, in part, revolution and has placed these conflicts squarely in issue. The early history, indeed over half of our history, was marked by extremely deep religious bigotry in which certainly Catholicism and Judaism were deeply despised, and even Puritans could find themselves facing the death penalty for passing over a colonial boundary (giving us a rare early example of women being executed in what would become the United States). Without some protection for those who hold deeply held believes that do not square with civil trends, we face returning, to some degree, to that era in a more minor way, with the enforces of the civil religion oppressing the holders of other religious views.
Now, of course, the bill might not actually be effective. But some protection is at least worth affording.
Today In Wyoming's History: January 13 Updated
Tuesday, January 13, 2015
Wednesday, January 13, 1915. The Avezzano Earthquake.
The British in Egypt received intelligence information that the Ottomans were planning a raid on the Suez Canal and moving troops accordingly.
The First Battle of Artois ended with France unable to restore battlefield momentum on their side.
An earthquake in Avezzano, Italy, killed over 30,000 people.
The HMS Viknor struck a mine in the North Atlantic and sunk. The U-31 went missing.
Last edition:
Movies In History: Monuments Men
Monday, January 12, 2015
Tuesday, January 12, 1915. Congress says no to women voting.
LLB, LLM, JD, oh my!
JDs became the US norm, indeed absolute, at some point in the late 1950s, as the bodies that concerned themselves with law, such as the ABA, pressed for that to be the universal degree. While already mentioned, there was a certain pitiful aspect to this in that the profession's bodies felt cheated that physicians had doctorates and lawyers didn't, which is a rather odd concern. At the same time, the same bodies pressed for the elimination of "reading the law" or admission to the bar by people without JDs, which of course raised their importance. At some point by the 1970s the old practice of allowing people to simply take the bar had died off, and in most, but not all states, a person is required to have a JD from an ABA approved law school before being admitted to the bar.
Sunday, January 11, 2015
Sunday Morning Scene: Churches of the West: St. Patrick's Presbyterian Church, Greeley Colorado
This is St. Patrick's Presbyterian Church in downtown Greeley Colorado.
Saturday, January 10, 2015
Europe 1 on Twitter: "À 87 ans, Uderzo reprend la plume pour #CharlieHebdo #JeSuisCharlie. Interview à 8h30 http://t.co/2HBhhbdqJr #E1matin http://t.co/8GwH9cPMaQ"
One of the cartoonist from the famed Asterix and Obelix cartoon has come out of retirement to pent a comment on the recent assassination of Charlie Henbo cartoonist.
This cartoon is largely unknown to Americans, but it's a very well known French cartoon set in ancient Gaul.
Friday, January 9, 2015
And in other odd news. . .
Which includes not smoking. I don't know that this is actually a tenant of Islam. I'm ignorant on that, but at least the Turks are pretty strongly associated with tobacco, so it strikes me as odd.
And smoking is really popular in the region.
Well, in the last few days a deputy ISIL police commander was assassinated and his severed head left with a cigarette in his mouth. ISIL policemen are getting kidnapped.
I'm not sure what this means, and I don't condone killing or kidnapping anyone. But one recent interview I heard of the Sunni Awakening in Iraq noted that Al Queda banning cigarettes is one thing that really upset the locals. There's some sort of lesson in this, although I am not certain what it actually is.
Je ne suis pas Charlie
This came about, as noted, in part because of the assassinations at Charlie Hedbo by Islamic terrorists. But let's be clear, this taps into, a bit, my other message. And let's start off with a couple of basic propositions.
First of all, killing journalist isn't warfare. Its murder. Its murder in any religion, or if it isn't, it should be. And its murder for the non religions as well.
But, being the victim of murder, even if you are killed for your statements or beliefs, doesn't convert you into a hero.
And Charlie Hedbo's cartoons weren't heroic, they were vile.
They truly were insulting. They insulted Islam, and they insulted Christianity. Christians, of course, can't murder those they disagree with, and indeed to be insulted for your faith is regarded in Christian tenants as a symbol of your praiseworthiness. Christ promised his followers that they'd get exactly that sort of treatment.
But even if Christians are required to forgive their tormentors, and hopefully Moslems will somebody get around to that position, that doesn't mean that we shouldn't take note of the offense. Hedbo's cartoons were vulgar and insulting, and fit into a long French leftist tradition in that regards. They were not artful, sophisticated satire.
And for that reason, in part, I'm not joining the "Je suis Charlie" campaign. Indeed, Je ne suis pas Charlie.
On this front, I'll stick with an earlier identification offered by this symbol:





