November 14, 2014

Greets and Huggers.  Posted the evening of November 14, 2014.  From the very beginning of our America, there has been friction between local folks, county folks, State folks and Federal folks.  Local folks want to preserve the values, sense of community, family, friends and neighbors  …  they hold.  In my mind,  the role of “government” remains providing the things, individuals, family and friends   …  can’t.  Put another way:   providing protection from predators, foreign, (a standing military) and domestic, (police), economic, civil and criminal.  Maintain infrastructure, roads, bridges, etc.  Economic regulation and ensuring products sold, are safe. Fire protection, although many small towns, like Holden, have a volunteer fire department. The difference between “conservatives” and “progressives”, (in both parties), is their respective opinions on the social aspects of the role of government.  Conservatives believe government should be limited to providing a level playing field through regulation, on which all can succeed or fail.  That it is not the role of government to help folks succeed nor to rescue folks when they fail. It is the role of the individuals local community to assist/rescue community members in need.  Progressives on the other hand, believe the role of government is to create a level playing field/society by taking from those that have succeeded and giving it to those who have not. One rewards success while the other rewards failure.  Any system that punishes success and rewards failure, is doomed. Precisely what modern history has taught.

Another interesting political fact?  (MONSTER.COM)  —  5 States that Will Take the Most of Your Paycheck in Income Taxes. “If you’re planning a move to another state for work it might be wise to consider what you’ll pay in property tax, sales tax and, of course, how big of a chunk the state government is going to take out of your paycheck. The federal government will get its share wherever you go, but states can vary widely in how much they collect from your income, so state taxes should be a factor you take into consideration as you work to decide if and where to relocate.  While state income tax rates vary by your income bracket and circumstances, there are some states that will certainly take a bigger bite out of your paycheck than others, and seven that levy no income tax at all: Alaska, Florida, Nevada, South Dakota, Texas, Washington and Wyoming.  For income tax collections per capita in 2011, the Tax Foundation reports that New York leads the pack at $1,864 per person. The next four in line are: Connecticut ($1,808), Massachusetts ($1,765), Oregon ($1,425) and Minnesota ($1,404). New York, Connecticut, Massachusetts, Oregon and Minnesota are “Blue States”, imagine that.  And the States that have no income tax   …   are either “Red or Purple States”. 

A clash of interests:  a constitutional right vs. a statutory right.  (BBC NEWS)  —  Strippers sue to prevent identity disclosure. “Government open-records requests can be boring. Government open-records requests made by a man who wants to obtain information about 70 licensed strippers in his town so he can “pray for them”, on the other hand   …  The godly citizen in question is David Allen Van Vleet of Tacoma, Washington. In September he filed court papers to obtain personal information on 70 government-licensed nude dancers at a nightclub in his area – including their full names, addresses, photos and dates of birth   …  The case has set up an unusual debate over free speech and privacy rights. What deserves more consideration, open access to government records or adult entertainers’ right to “artistic” expression under stage names?”  I don’t see this as a clash between free speech and privacy rights. In 1965, Justice Douglas wrote the Grisswold v. Connecticut opinion wherein which he opined:  “Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations.”  This opinion is the backbone of Roe vs. Wade, (1973)   …  and over the years, “Privacy” has been institutionalized as a “Constitutional Right”. “Sunshine Laws” on the other hand, are statutory creations, (in Missouri R.S. Mo. Chapter 610).  Bottom line?  A constitutional right trumps a statutory right. The constitution can negate a statute. A statute can not negate a constitutional provision.

Bitter sweet.  (BBC NEWS)  —  Woman dies after farewell to horse at Wigan hospital. “A cancer patient has died after a final farewell to her favorite horse outside the hospital where she was treated. Staff at Royal Albert Edward Infirmary in Wigan granted Sheila Marsh’s last wish, by arranging a visit from two of her horses on Monday afternoon. The hospital said the 77-year-old, unable to speak properly due to illness, “gently called” her favorite horse, who then nuzzled her cheek.” …  and she passed away.

Believe it or not, people actually sign up for sites like this.  (BBC NEWS)  —  PositiveSingles STD dating site faces $16.5m penalty. “The operator of a dating site for people with sexually transmitted diseases (STDs) faces paying out $16.5m after losing a privacy case.  The owner of PositiveSingles was accused of sharing photos and profile details from its site with other dating services, despite promising a “confidential” service. A jury found the Californian firm had broken local consumer laws. It also decided the business was guilty of fraud, malice and oppression  …   SuccessfulMatch included AIDSDate, Herpesinmouth, ChristianSafeHaven, MeetBlackPOZ and PositivelyKinky.”  Good Lord!  (Shuddering)   …  Who would look for a date on a site called “Herpesinmouth”?  It’s not the only one!!  Privateherpesdating.com.  I suppose folks with a social conscience who have Herpes and don’t want to risk infecting another person   …   the same for HIV.

Apparently in New Jersey, (like Missouri, R.S. Mo 452.340.5), divorced parents can be required to pay for their child’s college education. (ABC NEWS)  —  Parents Ordered to Pay Estranged Daughter’s College Tuition. “A New Jersey woman has successfully sued her estranged parents to pay for her college tuition.  A judge in Camden County, New Jersey, ruled that Caitlyn Ricci’s biological parents will have to cough up $16,000 each year so Ricci, 21, can continue classes across the Delaware River at Temple University in Pennsylvania, ABC News station WPVI in Philadelphia reported.  The parents’ attorney is appealing the judge’s decision, her mother, Maura McGarvey, told ABC News. She said she’s shocked her own daughter would sue her  …  A judge said divorced parents may be required to contribute to their children’s education, according to WPVI. Caitlyn’s grandparents are paying her legal fees, according to WPVI.”  In Missouri, (unless a child is disabled), unlike New Jersey, the parental support obligation terminates on a child’s 21st birthday, as a matter of law.  So  …  why didn’t the grandparents just pick up the college tab   …  instead of funding a law suit/providing legal fees?  There may be reason to believe, there won’t be a warm, fuzzy Thanksgiving family meal this year.

Other legal news?  (ABA NEWS)  — Prominent attorney and wife stabbed in home invasion are identified; lawyer suspects are in custody. “A law firm managing partner and his wife remain hospitalized after they were stabbed in a home invasion in McLean, Virginia, on Sunday night. The suspects are lawyers who are husband and wife; one of them worked at the victim’s law firm, the Fairfax Times reports. A prosecutor alleged in court on Friday that the victims were held for hours and “it can only be described as a torture session,” the Washington Post reports  …  Andrew Schmuhl allegedly shocked Leo Fisher with a stun gun and allegedly fired a missed shot at Sue Fisher  …  Alecia Schmuhl was driving the car and led police on a four-mile chase before she was stopped. Inside the car, Andrew Schmuhl was wearing nothing but a diaper, Morrogh said. Bloody clothing, a Taser and a gun were also allegedly found in the car. Bar records indicate that Andrew Schmuhl is a former judge advocate in the U.S. Army.”  A JAG Officer?  Well  … that explains everything.  Obviously, he is setting up an insanity defense by Rambo’ing out while wearing a diaper!  May not work.  The diaper was made out of Kelvar, to protect a vital organ, proving a culpable intent. 

Medical proof of what we have suspected/known for years:  (BBC NEWS)  —  Testes ‘most distinct human tissue’. “The testes have been identified as the most distinct type of human tissue by the Royal Institute of Technology in Sweden.  The team have detailed which proteins are active in which tissues of the human body. It shows the testes needed the most distinct suite of proteins to function  … almost half of the 20,000 genes are coding for proteins which are expressed in all cells and tissues of the body,” Prof Mathias Uhlen, the project leader, said. These are described as “housekeeping” proteins necessary to keep every cell functioning.  But 999 proteins were significantly more active in testicular tissue than anywhere else in the body.  The cerebral cortex of the brain had 318, the liver 172 and smooth muscle zero.”   A males brain has 318 active proteins taking care of business   …  while his tests have 999. I wonder which of the two control more of the decision making process?

Sitting here editing these Ramblings with the pellet stove cranking out heat.  The Editorial Staff is hunkered down in front of the stove.  CNN providing background noise. Ferguson in the news:  waiting for the Grand Jury to come back with or without an indictment. Riots and looting expected, either way. ISIS is expanding. Obama is threatening immigration reform using Executive Orders, much to the chagrin of his Republican opponents.  So much for working together, to solve America’s problems.  We are expecting snow tomorrow, triggering Ft. Timmerman’s Motto”,  “When There’s Snow, We Don’t Go!”

Time to post these Ramblings and settle in for a quiet evening at Ft Timmerman.  I remain nicotine free.  Sunday lunch and a movie?  A pot roast with mashed potatoes and peas.  The movie? “Dracula Untold [2014]”.  Later when I say my Thank You’s for the many blessings in my life and Susan to share them with   …  I will say a prayer for the safe and soon return of our men and women in uniform,  Care to join me? Be and sleep well.  The best we have are on watch so you can.  If my post offends, I apologize.  That is not my intent.  As always  …

A Warm Brotherly Hug

KarlT (the dumb old country lawyer from Holden, Missouri   …  and the Editorial Staff)

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November 7, 2014

Greets and Huggers. Posted the evening of November 7, 2014.  Interesting discussion this week about a paralegal for the OCDC, (Office of Chief Disciplinary Counsel), opining that using a credit card, that has mileage benefits or cash back, etc., for filing fees, depo or client case expenses/costs, etc., that a client has paid for   …   is an ethics violation, subject to sanctions.  Put another way   …  a client pays a retainer and a filing fee.  You deposit the money in your trust account.  Due to Supreme Court mandated, “e-Filing”, you have to use a credit card or an e-check to pay the filing fee.  According to an OCDC paralegal, (sharing the opinion of the OCDC), it is an ethics violation, if you use a credit card that conveys any benefit to you.  This is insane!  Share with me  …  how is a client harmed  … when the client pays a filing fee, the filing fee is deposited in a trust account, and is paid using an attorney’s credit card, and later reimbursed  …  and the attorney gets a few “frequent flier” miles for using the card, AT NO COST TO THE CLIENT?  Solution?  Just add another paragraph in our retainer contract:

“Client understands, and has been advised, that Law Firm must use a credit card to pay the filing fee and other expenses. Client authorizes Law Firm to use it’s credit card to pay such expenses and be reimbursed from the retainer client deposited. Client understands, and has been advised, that the credit card Law Firm uses, conveys “frequent flyer miles” or other benefits, and client waives any interest in such benefits and conveys such interest as additional legal fees.”  

E-Filing? Visited with a clerk at the WD today, (really, really, nice Lady, and MOST helpful), about a “Transcript on Appeal” and a “Legal File”  …  which were returned/denied   …  because there wasn’t a “Notice of Serving the Transcript on Respondent”.  Did so.  Solved the problem.  So, here’s what the WD clerks are dealing with  …  the problem. With E-Filing, they have only two options. Accept/admit what was filed  …  or deny/refuse it. Putting the person attempting to file, in the position of having to start from scratch.  How about our Supremo’s enable their clerks, to do their job, by sharing shortcomings in filings? What changes need to be made and allowing the filing party to make them,  rather then throwing the baby out with the wash?

I don’t have a dog in the “sperm hunt”. Apparently, some folks in the UK do:   (BBC NEWS)  — UK national sperm bank opens for business.  “A UK national sperm bank – charged with reversing a growing shortage of donor sperm – has started work in Birmingham.  Fertility clinics have become increasingly dependent on imported sperm giving rise to the so-called “Viking babies” phenomenon  …  And a third of procedures using donated material were for same-sex couples or single women  …  Denmark and the United States have become major suppliers of sperm to British women   …   Dr Allan Pacey, the chair of the British Fertility Society, told the BBC: “We are importing as a nation more and more sperm from overseas, without being xenophobic it kind of just doesn’t feel right, it’s a problem that’s not going away.”  Apparently, UK women of color prefer not to have blond, blue eyed, (Viking), babies.

Tough week for our President. On Tuesday, his party lost control of the Senate, several Governorships and lost more seats in the House of Representatives.  His foreign policy is in shambles, starting with mission creep.  WASHINGTON (AP) —  Obama authorizes 1,500 more troops for Iraq . “A senior military official says that American military advisory teams will now go to Iraq’s western Anbar province where Islamic State militants have been gaining ground and slaying men, women and children.  The teams are part of President Barack Obama’s new directive to expand the U.S. mission in Iraq by deploying another 1,500 U.S. troops to serve as advisers, trainers and security personnel.”  Mission creep  —  when a defined limited goal, starts evolving, shifting and increasing over time.  We’ve seen this before.  The Vietnam War comes to mind:  “ … from 1955 through 1960 — the U.S. had between 750 and 1,500 military advisors assisting the Diem government to establish an effective army, organized as the Military Assistance and Advisory Group (MAAG), Vietnam  …  By December of 1961, 3,200 U.S. military personnel were in Vietnam as advisors, supported by $65 million in military equipment and $136 million in economic aid  …  By 1963, U.S. military advisors in Vietnam had grown to 16,000 and the Americans were firmly identified with the oppressive Diem regime   …  The full-scale phase of the Vietnam War began in early 1965, (after the Gulf of Tonkin incident), a year that started with about 23,000 U.S. servicemen in Vietnam  …  By the end of 1965 American troop strength reached 184,300.” Today, we have increased “advisors” in Iraq from around 1,500   …  to 3,000  …   but according to our President   …   they are NOT “Boots on the Ground”.  So what are they?  Ah!  “Sneakers!!”  And the cost?  $3 Billion dollars   … for combating the “Junior Varsity Jihadist Team, ISIS”, according to our President   … which American tax payers are picking up the tab for   …  instead of oil rich Iraq and the Arab Nations in the region. While the Jihadists are using Cruise Ships to travel to the war zones.  No doubt sipping “foo-foo” drinks with little plastic umbrellas   …  before embrasing Islam when they get there.

And deteriorating relations with Russia.  You know, the country Mitt Romney declared the greatest geopolitical threat facing America, during one of the Presidential Debates?  (BBC NEWS)  — Ukraine crisis: Tanks ‘cross border’ from Russia.  “A column of 32 tanks and 30 trucks has crossed into eastern Ukraine from Russia, the Ukrainian government says. The trucks were carrying ammunition and fighters, said a military spokesman, but the BBC cannot confirm his report. A fragile ceasefire has been in place since 5 September, although hundreds of people have been killed since then.”  Share with me again   …  how “economic sanctions” will force the Russians to get out of Crimea and Eastern Ukraine.

The “Casper Effect”: (BBC NEWS)  — ‘Ghostly presence’ created in lab. “Feelings of a ghostly presence – the sense that someone is close-by when no-one is there – lie in the mind, a study has concluded. Scientists say that they have identified the parts of the brain that are responsible for generating these spooky sensations.  They have also created an experiment that makes some people feel like there is a ghost nearby”  The experiment involves a green leafy substance baked into brownies.

Sitting here editing these Ramblings, watching CNN. Looks like there is a “Polar Express” coming next week.  Went out this afternoon and held the ladder while a younger friend climbed up on the roof and put a cover over the ceiling fan vent.  The pellet stove insert is primed and ready to crank out heat. I already turned on the center area furnace, (one of three heating Ft Timmerman).  On CNN Loretta Lynch, U.S. Attorney for the Eastern District of New York was picked to succeed Eric Holder. Will be interesting to see if she is confirmed.  I remain nicotine free:  33,576 ciggybutts not smoked and $5,456.00 saved. 2,238 hours added to my life.

Time to post these Ramblings and give the Editorial Staff their evening treats. They live better than I do!!  Sunday Lunch and a Movie?  Susan has to work, so   …  leftovers. The movie I will watch?  “The Judge [2014]”.  Later, when I hit the sack and say my Thank You’s for the many blessings in my life   …  I will say a prayer for the safe and soon return of our men and women in uniform.  Care to join me?  Be and sleep well.  The best we as a nations have, are on watch so you can.  If my post offends, I apologize.  That is not my intent.  As always  …

A Warm Brotherly Hug

KarlT  (the dumb old country lawyer from Holden, Missouri …  and the Editorial Staff)

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October 31,2014

Greets and Huggers. Posted the evening of October 31, 2014.  Quiet evening at Ft Timmeran.  Susan is at work  …  she works at the CVS in Harrisonville until 8:00 p.m. today. Tonight, little ghosts and goblins will be roaming the street:  it is Halloween!  “Evolving from the ancient Celtic holiday of Samhain, modern Halloween has become less about literal ghosts and ghouls and more about costumes and candy. The Celts used the day to mark the end of the harvest season and the beginning of winter, and also believed that this transition between the seasons was a bridge to the world of the dead.”  The merchants in downtown Holden stay open a little later for the “Trick or Treaters”.  That is “small town” living   …  with parents walking with their children, house to house.  I did not realize other parts of the world celebrated “Halloween”.   (ABC NEWS)  — Scary Halloween Monsters Threatened With Arrest on Beijing Subway. Dressing up as a monster or a zombie for Halloween might get you arrested tonight in Beijing because authorities fear the costumes could cause “panic.”  Expats in Beijing had organized Halloween parties on the subway in the past two years. Each year, the weekend before Halloween, “ghouls” and other Halloweeners would hop on subway Line 2 carrying bottles of beer and mixed drinks. When subway security personnel tried to stop the crowds, they were often swallowed up in the throngs of revelers – which included many people dressed up as subway security guards.” I wonder how you say “Trick of Treat in Chinese? “Tlick o Tleat?”

And as predicted: (CNSNEWS.COM)  —  Over 214,000 Doctors Opt Out of Obamacare Exchanges. “Over 214,000 doctors won’t participate in the new plans under the Affordable Care Act (ACA,) analysis of a new survey by Medical Group Management Association shows. That number of 214,524, estimated by American Action Forum, is through May 2014, but appears to be growing due to plans that force doctors to take on burdensome costs. It’s also about a quarter of the total number of 893,851 active professional physicians reported by the Kaiser Family Foundation. In January, an estimated 70% of California’s physicians were not participating in Covered California plans.”   …  and in other bad news: “A fast-growing, short-term alternative to ObamaCare that allows customers to get cheap, one-year policies could put the government-subsidized plan into a death spiral. The plans, the only ones allowed for sale outside of ObamaCare exchanges, generally cost less than half of what similar ObamaCare policies cost, and are increasing in popularity as uninsured Americans grapple with the requirements of the Affordable Care Act. The catch — that the policies only last for a year — is not much of a deterrent, given that customers can sign up for ObamaCare during open-enrollment periods if their short-term coverage is not renewed. “Applications rose 30 percent compared to last year,” eHealthInsurance.com Enrollment Specialist Carrie McLean told FoxNews.com.”  Yup   … you can keep your current coverage, doctors   …  and  …  lower premiums, (in fact, the first year “Obamacare premiums soared as much as 78% to help cover ‘essential health benefits’”)

Interesting. My Democrat friends honestly believe the Democrat Party,  is the party that can best identify with “working” people.  (The Economist)  —  Money and Power. “In some countries, the best way to get rich is to go into politics. In America it is the other way round: the best way to break into politics is to be rich. Every year Roll Call, a sister paper of The Economist, compiles a list of the richest members of Congress. What is striking is how few of them have grown rich because they are politicians (though many will cash in on their connections after they retire)). If this were true, share with me why, of the 10 richest members of Congress, the top two are Republicans   …  and the next 8 are Democrats?  Of the top 25, 13 are Democrat and 12 are Republican.  Doesn’t this prove there is no difference between Red Pigs and Blue Pigs?  Isn’t a Pig a Pig? (NOTE:  the “Pig” reference is to George OrwellsAnimal Farm”.  You may wish to re-read it!)

Other medical news? Who knew that Koala Bears have STD’s? (BBC NEWS)  —  Koala chlamydia vaccine trial raises hope. “Australian scientists say they have successfully tested a vaccine aimed at protecting wild koalas from Chlamydia.  The disease has ravaged the native marsupial, which is under increasing threat.  Microbiologists in Queensland now hope to protect some of the remaining population after successfully trialing a vaccine developed over five years.  Koala numbers have plummeted in recent years and there are believed to be as few as 43,000 left in the wild.  In some areas, numbers have dropped by as much as 80% in the past 10 years. The strain of Chlamydia that affects koalas can lead to blindness, infertility and death among the animals.”  How did Koala Bears get infected to start of with?  No doubt a lonely Aborigine wanting a little pouch action and a cold winter night had something to do with it!  Australian scientists had to develop a vaccine  … after they discovered  …  Koala Bears refuse to wear condoms. I also didn’t know Koala Bears never come down with chest colds   …   because their diet consists primarily of eucalyptus leaves.

Immigration news: (BBC NEWS)  — Frogs’ chorus leads to discovery of new species in US. “Scientists have confirmed that a frog found living in New York City wetlands is a new species.  Jeremy Feinberg, of Rutgers University in New Jersey, who led the study, first reported the discovery when he heard their “very odd” chorusing call.  Teaming up with genetics experts to confirm the finding, Mr Feinberg has now published the discovery in the journal Plos One.”   The frogs were discovered because they were croaking in Spanish.  Turns out, the frogs are undocumented Puerto Ricans.  They were croaking “Everything’s Nice in America”.  Listen to the lyrics in this song from “West Side Story”.  It would be condemned as being racist.

Just plain interesting! (CNN) —  Why this crab’s blood could save your life. “During World War Two, soldiers learned to fear treatment as much as enemy bullets. Unsanitary conditions and equipment in field hospitals made open wounds a breeding ground for bacteria that killed thousands, particularly the fast-acting and barely detectable gram-negative strains that caused toxic shock syndrome, meningitis, and typhoid. Today, vast improvements in medical hygiene have greatly reduced the odds of patients being poisoned on the treatment table. And our safety is protected by an unlikely source — the bright blue blood of the horseshoe crab …  When faced with toxins produced by bacteria, amebocyte cells in the blood — colored blue by their copper-based molecules — identify and congeal around the invading matter, trapping the threat inside a gel-like seal that prevents it from spreading. Nature’s method is now utilized on a grand scale. Over 600,000 crabs are captured each year during the spring mating season, to “donate” around 30% of their blood in a handful of specialist facilities in the United States and Asia. The blood is worth $60,000 a gallon in a global industry valued at $50 million a year.”  The crabs are bled, and then released. How in the world did some pilgrim discover Horseshoe Crab Blood jelled when it comes in contact with gram negative bacteria??

Sitting here editing these Ramblings, waiting for Susan to come home. The dogs are all waiting by the door. WE are expecting our first hard freeze this evening.  Before long, the pellet stove will be heating up the back end of Ft Timmerman.  On the evening news, (CNN), Virgin Galactic’s tourism spaceplane crashed killing one of it’s 2 pilots. With the elections set for next Tuesday, the “talking heads” on CNN are opining Republicans stand a good shot at winning back the Senate.  Frankly   …  I don’t see how either side winning will impact Susan and I’s life.  Shades of 1964:  “U.S. readying plan to send advisers to Iraqis fighting ISIS in Anbar.”  Share with me how that is not “boots on the groud?”   Time to post these Ramblings.  “Sunday Lunch and a Movie?”  Home made beef stew.  The movie?  “Zombeavers [2014]”, (and no, it is not a movie about female zombies).  Later when I hit the sack and say my Thank You’s for the many blessings in my life and Susan to share them with, I will say a prayer for the safe and soon return of our men and women in uniform.  Care to join me?  Be and sleep well  …  the best we have as a nation are on watch so you can.  If my post offends, I apologize.  That is not my intent.  As always     ….

A Warm Brotherly Hug

KarlT (the dumb old country lawyer from Holden, Missouri   …  and the Editorial Staff)

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October 24, 2014

Greets and Huggers. Posted the evening of October 24,2014.  My cell phone, an HTC “My Touch” was getting a little long in the tooth, so on Monday I started looking around for a replacement. I decided on a Samsung Galaxy Note 4.  My first cell phone was a Motorola DynaTAC. “It offered 30 minutes of talk time and 8 hours of standby, and a LED display for dialing or recall of one of 30 phone numbers. It was priced at $3,995 in 1983.”  It looked like and was close to the size of a  World War II “walkie-talkie”.  Interesting, what the prices were in 1983.  A gallon of gas was $1.25   …  while a gallon of milk was $1.79   … it was the 3rd year of President Reagan’s Presidency  …  and my first year practicing law.   Of course I could not afford one until 1990.  My second cell phone was a “Motorola Bag Phone”.  Then a “My Touch 3G” and then the “My Touch 4G”.  The Note 4 came in today. “It features a large 5.7″ QHD Super AMOLED display with a resolution of 1440 x 2560. It’s powered by a 2.7GHz quad-core processor, 3GB of RAM and 32GB internal storage. The Galaxy Note 4 camera has a 16MP sensor with optical image stabilization and 4K video recording.”  I will spend this weekend “rooting” it. And watching YouTube videos of some 14 year old showing me how to use it!!  [UPDATE:  the Galaxy Note 4 from T-Mobile, unlike the Note 4 from AT&T and Verizon comes “rooted”].

So …  I understand our justice system is based on the “Common Law” of Great Britain …  but I thought our judges had evolved out of a Victorian mindset?  I guess not.  (BBC NEWS)  —  Lawyer brings baby to court, gets ‘humiliated’. “When a lawyer asked a Georgia judge to postpone a hearing because she’d just had a baby, he refused. When she brought the baby to court, he berated her for poor parenting  …  Stacy M Ehrisman-Mickle had asked the Atlanta court to delay an immigration hearing while she was on maternity leave. “But that excuse just wasn’t good enough for Judge J Dan Pelletier Sr, who shot down her request (with just a week’s notice, no less),” writes Jezebel’s Kelly Faircloth. “THAT’LL TEACH YOU TO REPRODUCE WHILE TRYING TO DRAW A SALARY.”  According to Ms Ehrisman-Mickle’s complaint, she had no choice but to bring her infant to court, where Mr Pelletier “humiliated” her.”   I wonder what this Judge would have done if Ms. Ehrisman-Mickle whipped out a boob and started breast feeding her baby?  If this is any indication of the caliber of immigration judges serving on the Federal Bench  …  no wonder we have a two year backlog of cases   … and so many illegal’s crossing our borders. I guess, instead of being fired   …  the appropriate Federal response   …  is  …  “sensitivity training”. I would fire the boob.

I was chatting with a young lawyer this past week: 4 years out of Law School   …  and he has a $150K student loan debt.  $1,500.00/mo for the next 20 years.  (BBC NEWS)  — US seniors face student loan debt. “Around the world, student debt is a financial burden for millions – and in the US, a growing number of senior citizens are still repaying the cost of their education into retirement age.  Janet Lee Dupree is 72 years old and has a financial burden that will not leave her in peace: she owes $16,000 in student loans she acquired in 1971 and 1972.  Dupree, who lives in Citra, Florida, admits she forgot for many years that she had borrowed the money – originally $3,000 – in order to complete her undergraduate studies in Spanish.  I am an alcoholic and I have HIV,” she tells the BBC. “That’s under control, but at that time I was sick and I didn’t worry about paying back the debt.”  Dupree defaulted on her loan, and since she turned 65 she has had money withheld from her Social Security benefits.”  A student loan debt is NOT dischargeable in bankruptcy  …  except for extreme need.  Read that to mean, you need the money you have  …  to pay for the electricity for your iron lung.  Having a $1,500.00/mo debt load BEFORE you add on overhead expenses, has to be one humongous disincentive to starting a private practice.  Not sure I would have the conjones to give it a try.

And the medical news: (BBC NEWS)  —  Surgeons transplant heart that had stopped beating. “Surgeons in Australia say they have performed the first heart transplant using a “dead heart”.  Donor hearts from adults usually come from people who are confirmed as brain dead but with a heart still beating.  A team at St Vincent’s Hospital in Sydney revived and then transplanted hearts that had stopped beating for up to 20 minutes  …  Hearts are the only organ that is not used after the heart has stopped beating – known as donation after circulatory death.  Beating hearts are normally taken from brain-dead people, kept on ice for around four hours and then transplanted to patients  …  The novel technique used in Sydney involved taking a heart that had stopped beating and reviving it in a machine known as a “heart-in-a-box”. The heart is kept warm, the heartbeat is restored and a nourishing fluid helps reduce damage to the heart muscle.”  Amazing times we live in.  In my lifetime, I seen two of the most important medical breakthroughs in human history:   birth control pills   …   and a cure for erectile dysfunction.  Anyone remember Bob Dole’s Viagra Add? Stem cell research is on-going resulting in potential cures for spinal cord paralysis and Type I Diabetes.

Travel news: (BBC NEWS)  —-  What was lurking in Sweden’s waters? “Sweden’s armed forces say they have abandoned their search for what they believed was a submarine, spotted not far from Stockholm more than a week ago.  The hunt was described as Sweden’s biggest mobilization since the Cold War. Speculation had centered on Russia, but the Russians scoffed at the claims. Was there a sub after all?”  Obviously, it was the Lock Ness Monster out shopping for Swedish Meatballs. Rumor has it, she would have settled for eating the “Swedish Chef”. 

Environmental news: (BBC NEWS)  — Legal fight begins to save family of beavers in Devon. “Campaigners have begun legal action to prevent the government from capturing a family of wild beavers in Devon. Friends of the Earth said because groups already live in the wild in Scotland, the beavers are protected in England under EU laws. The River Otter beavers are believed to be the only wild ones living in England. The government said they could be carrying disease and wants to test and re-home them in captivity. The three beavers, thought to be two adults and a juvenile, were first reported to be living on the river in the summer of 2013 and no date has been set for trapping them.”  I didn’t know that England had native 4 legged beavers. 

Sitting here editing these Ramblings, the Editorial Staff hunkered down for the evening.  On CNN, a kid whips out a pistol at school, kills his girlfriend wounds 4 others and then kills himself.  An Islamist nut job attacks police officers in New York and is killed.  And in Toronto, another Islamist nut job kills a soldier at Canada’s War memorial and is also killed  …  and in California, one deputy killed and 3 wounded  …  suspects, a man and a women  …  on the loose.

Time to post these Ramblings and settle in for a quiet evening at Ft Timmerman. I remain nicotine free, 607 days, 32,820 ciggybutts not smoked and $5,333.99 saved.  Sunday Lunch and a Movie?  Grilled, stuffed Hamburgers, (onion & cheese), French Fries and a Garden Salad.  The movie? Liam Neeson latest movie,  “A Walk Among The Tombstones [2014]”.  Later, when I say my Thank You’s for the many blessings in my life and Susan to share them with, I will say a special prayer for the safe and soon return of our men and women in uniform.  Care to join me? Be and sleep well,  the best we have are on watch so you can.  If my post offends, I apologize  …  that is not my intent. As always  …

A Warm Brotherly Hug

KarlT (the dumb old country lawyer from Holden, Missouri   …  and the Editorial Staff)

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October 17, 2014

Greets and Huggers. Posted the evening of October 17, 2014.   My Dear Friend, Judge Dennis Smith developed an interactive Adobe Acrobat Form 14 program a few years ago, (absolutely the best Form 14 program available  …  by just a simple request to be added to his Email list:  Dennis.Smith@courts.mo.gov)  …  and he migrated the program into an App, for the iPhone and iPad.   I don’t have any Apple products. Don’t trust them   …  because they appeal to folks who want a simple solution  …  and want it spoon fed.  Course, a lot of folks love Apple   …  but then   …  so did Eve  …  who managed to convince Adam to bite into the product, as well.  I suppose the good news?    ….    He didn’t have to wait in line to get his Apple.  Not a bunch of folks hanging around the Best Buy in the Garden of Eden.  The losers?  Snakes in general.  Banned to crawl on their bellies in the dust   …  and sadder yet?  Never allowed to evolve and have thumbs   …  so they could text their buds  …  and share snake selfies.  Doomed to just hiss and slither. Bite an occasional heel. Sad.  From what I have heard   …  they REALLY, REALLY hate Satan for hijacking their brand.  Honestly?  …  I can’t blame them.  As for the Form 14 program?  Just Email Judge Smith and ask for a copy.

Fanning the debate about what constitutes “brain dead”: (BBC NEWS)  —  Vegetative patients show glimmers of consciousness. “Scientists have uncovered hidden signatures in the brains of people in vegetative states that suggest they may have a glimmer of consciousness. Doctors normally consider these patients – who have severe brain injuries – to be unaware of the world around them although they appear awake. Researchers hope their work will help identify those who are actually conscious, but unable to communicate.” One of the reasons we used to draft teenagers  …  isn’t it?  “Unaware of the world around them although they appear awake.”? In Israel, “   …  Since 2005 it’s been illegal … to turn off ventilators when a person is dying or has no hope of recovery. The result is that large numbers of patients spend years on life support, many of them unconscious.”

In the “OMG!!” news!!: (BBC NEWS)  —  Woman finds three-inch leech in nose after South East Asia trip.  “A backpacker found a 3in (7.5cm) leech that had been living up her nose for a month after a trip to South East Asia.  Daniela Liverani, 24, from Edinburgh, had been having nosebleeds for weeks but put them down to a burst blood vessel from a motorbike crash.  Ms Liverani was having a shower last Thursday when she was realized the dark shape wriggling in her nose was actually an animal.  Hospital staff used forceps and tweezers to remove the parasite.”  She must have one big honker, if she couldn’t see a 3 inch leech in it!  Rumor has it, she didn’t discover the leech while in the shower.  In fact   …  she was snorting cocaine and the leech got so stoned   …  it fell out  …  and started a leech “happy dance” at her feet!

In biology news: (BBC NEWS)  — Hermaphrodite snail named after marriage equality. “A new species of hermaphrodite land snail found in Taiwan has been named in support of marriage equality.  Biologists christened the species Aegista diversifamilia, referring to a diversity of family types, because it “represents the diversity of sex orientation in the animal kingdom”. The snail is widespread throughout eastern Taiwan, but was previously mistaken for a closely related species.”  Since they have both male and females plumbing   …  when they get together to reproduce  …  how do they decide who uses which parts?  Perhaps they use both?  Which may explain why “Natural Selection” never favored them developing vocal cords.  Can you imagine how loud a couple of Chinese snails could get while mating?  Easy prey for birds!

And the Ebola pandemic cranks on: (BBC NEWS)  —  Ebola crisis: No impact from pledges of help, MSF says. “International pledges of deployments and aid for Africa’s Ebola-hit regions have not yet had any impact on the epidemic, a major medical charity says. Christopher Stokes of Medecins Sans Frontieres (MSF) said the disease was still out of control.  He said it was “ridiculous” that volunteers working for his charity were bearing the brunt of care in the worst-affected countries. The disease has killed about 4,500 people so far, mostly in West Africa.”   The projection now is:  in January there will be 10,000 new infections per week  …  and the kill rate is now up to 70%.  That said  …  there will be more infections in the US, and we are totally unprepared to deal with them, as evidenced by the Texas Health Presbyterian Hospital fiasco.

The archeology news: (BBC NEWS)  — Greece archaeologists uncover Amphipolis floor mosaic. “Archaeologists unearthing a huge ancient burial site at Amphipolis in northern Greece have uncovered a large floor mosaic. The mosaic – 3m (10ft) wide and 4.5m (15ft) long – depicts a man with a laurel wreath driving a chariot drawn by horses and led by the god Hermes. The burial site is said to be the largest ever found in Greece. It dates from the late 4th Century BC, spurring speculation that it is linked to Alexander the Great of Macedon.”  It is actually the first Greek Yogurt factory:  the ancestral home of Chobani. “First, to be clear: Both Greek and regular yogurt, in their plain, nonfat or low-fat forms, can be part of a healthful diet. They’re low in calories and packed with calcium and live bacterial cultures. But our Mediterranean friend—which is strained extensively to remove much of the liquid whey, lactose, and sugar, giving it its thick consistency—does have an undeniable edge. In roughly the same amount of calories, it can pack up to double the protein, while cutting sugar content by half.”

Sitting here editing these Ramblings, waiting for Susan to come home. Susan has to work tomorrow and Sunday. On CNN   …  back to back stories about the Ebola outbreak  …    some Iraqi pilots have joined ISIS and are training some ISIS folks to fly the 3 warplanes ISIS has captured  …  apparently, with the help of coalition air strikes, the Kurds defending the Syrian town being invaded by ISIS   …  kicking some jihadist butt.  And   …   President Barack Obama’s credit card was declined at a restaurant in New York City last month, he said.  “It turned out I guess I don’t use it enough,” Mr Obama said. “They thought there was some fraud going on.” Fortunately, he said, First Lady Michelle Obama had a credit card on hand and paid for the meal.”. No comment.

Time to post these Ramblings and settle in for a quiet evening at Ft Timmerman. Later when I say my Thank You’s for the many blessings in my life and Susan to share them with  …  I will also say a prayer for the safe and soon return of our men and women in uniform.  Care to join me?  Be and sleep well   …  the best we have as a nation are on watch, so you can.  If my post offends, I apologize   …  that is not my intent.  As always …

A Warm Brotherly Hug

KarlT (the dumb old country lawyer from Holden, Missouri   …  and the Editorial Staff)

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