A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


FOR

MAY 13, 2005


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2005. 

Archived Prior Ramblings
CLICK ON A DATE

In Memorium:
September 11, 2001

                   2002
  02-22-02  03-30-02  04-05-02
  04-21-02  04-27-02  05-01-02
  05-03-02  05-10-02  05-17-02
  05-31-02  06-21-02  06-26-02
  06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
  08-21-02  08-23-02  08-30-02
  09-06-02  09-11-02  09-11-02F
  09-13-02  09-20-02  09-27-02
  10-04-02  10-11-02  10-18-02
  10-25-02  11-01-02  11-08-02
  11-15-02  11-22-02  11-29-02
  12-06-02  12-13-02  12-20-02
  12-27-02

                       2003
  01-03-03  01-10-03  01-10-03R
  01-17-03  01-24-03  01-31-03
  02-07-03  02-14-03  02-21-03
  02-28-03  03-07-03  03-14-03
  03-21-03  03-28-03  04-04-03
  04-11-03  04-18-03  04-25-03
  05-02-03  05-09-03  05-16-03
  05-23-03  05-30-03  06-06-03
  06-20-03  06-27-03  07-04-03
  07-11-03  07-18-03  07-25-03
  08-01-03  08-08-03  08-15-03
  08-22-03  08-29-03  09-05-03
  09-12-03  09-19-03  09-26-03
  10-03-03  10-10-03  10-17-03
  10-24-03  10-31-03  11-07-03
  11-14-03  11-21-03  11-28-03
  12-05-03  12-12-03  12-19-03
  12-26-03 

                      2004
  01-02-04  01-09-04  01-16-04
  01-23-04  01-30-04  02-06-04
  02-13-04  02-20-04  02-27-04
  03-05-04  03-12-04  03-19-04
  03-29-04  04-02-04  04-09-04
  04-16-04  04-23-04  04-30-04
  05-07-04  05-14-04  05-21-04
  05-28-04  06-11-04  06-18-04
  06-25-04  07-09-04  07-16-04
  07-23-04  07-30-04  08-06-04
  08-13-04  08-20-04  08-27-04
  09-03-04  09-10-04  09-17-04
  09-24-04  10-01-04  10-08-04
  10-15-04  10-22-04  10-29-04
  11-05-04  10-12-04  11-19-04
  11-26-04  12-03-04  12-10-04
  12-17-04  12-24-04  12-30-04
 
                   2005
  01-07-05  01-14-05  01-21-05
  01-28-05  02-04-05  02-11-05
  02-18-05  02-25-05  03-04-05
  03-11-05  03-18-05  03-25-05
  04-02-05  04-08-05  04-15-05
  04-22-05  04-29-05  05-06-05
  05-13-05
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
Greets and Huggers. Posted the evening of May 13, 2005 .... <shuddering> .... today was Friday the 13th, ""Friday 13th is unlucky for some. The risk of hospital admission as a result of a transport accident may be increased by as much as 52 percent. Staying at home is recommended." according to a 1993 study published in the British Medical Journal. Wonder why Friday the 13 is considered unlucky? Click Here.

Folks opt to work for one of the "big" companies because of salary, job security and benefits, don't they? With "downsizing" and "outsourcing", going to work for one of the "big" companies in the hope of having job security is questionable there no longer is such a thing, (except of course, unless you are a "love's aftermath lawyer" .... you'll have "job security", as long as there is love and alcohol.) And isn't "salary" a company's way of bypassing the Fair Labor Standards Act of 1938, (FSLA)? How many salaried employees do you know, that only work 40 hours per week? Then, there is the benefit package. Health insurance? With yearly double digit premium increases, how long do you think that will continue to be available, (or if you have already earned it as part of your retirement package ... will it survive bankruptcy?) That leaves the company "pension", retirement. ENRON ring a bell? "The collapse of Enron, the largest bankruptcy in U.S. history, led to thousands of employees losing their life savings in 401(k) plans tied to the energy company's stock." Makes you have real faith in the social conscience of corporate America, doesn't it? How about "A judge approved a deal Tuesday between bankrupt United Airlines and the government that will let the carrier terminate its pension plans and save about $645 million annually over five years." (All this while United Airlines CEO , Glenn F Tilton earns $777, 227.00 per year ... and that's without "perks".) Who do you think picks up the tab for a portion of failed retirement accounts? It is the Pension Benefit Guaranty Corporation, (PBGC), the FDIC of pension funds. So .... you think your company pension is safe because it is insured by the Federal Government? Think again. The PBGC is in more financial trouble than Social Security. Here is the testimony of Bradley D. Belt, Executive Director, Pension Benefit Guaranty Corporation before the Subcommittee on Retirement Security and Aging Committee on Health, Education, Labor, and Pensions, of the United States Senate. Let me share with you the bottom line. With an aging median population, less workers contributing and the "me first, I'm Ok, Your Ok, generation" taking the helm ... you may not wish to rely on our government for health or financial security in your "golden years". You damn well better work on the assumption that you will be hanging in the wind by yourself. 'Nuff said.

"Democrats Voted Out of Baptist Church .... Members of the small East Waynesville Baptist Church say Chandler [the shepherd of this little flock] led an effort to kick out congregants who didn't support President Bush. Nine members were voted out at a Monday church meeting in this mountain town, about 120 miles west of Charlotte." During the presidential election last year, Pastor Chan Chandler told the congregation that anyone who planned to vote for Democratic Sen. John Kerry should either leave the church or repent ... and ... "The editor of the Jesuit weekly America is leaving the magazine after the Vatican received complaints about articles he published on touchy issues such as same-sex marriages and stem cell research ... " Seems the Rev. Thomas J. Reese, (a widely respected expert on the US Catholic Church and the Vatican), made the mistake of publishing articles that presented both sides of the issues. When did a belief, faith, become so sacrosanct ... it can not be examined by the faithful, even though the issues are part of an ongoing public debate? When did it become acceptable for how you voted in a Presidential election, being the basis for getting you banned from practicing your faith, in the church of your choice?

In science news this week "A study of mosquito fish found females were more smitten with males who were better equipped to send out their swimmers. In the test, 50 female fish were shown a video screen of a male fish with regular-sized genitalia and then digitally enhanced by 15%. The results were clear. Every female preferred the big boy ... The studs with larger gonopodia, which is what scientists call male fish sex organs, can't swim as fast as their less impressive counterparts, so they're more likely to get eaten by predators." Makes you wonder what the members of our species, who did not survive "natural selection", looked like .... doesn't it? .... <whispering> .... I wonder ... is this the true historical basis for circumcision? And .... how much do you pay someone to digitally enhance a fishes gonopodia's? Do they become .... gonopodiaphiles?

Believe it or not, there is an organization for folks who compete, professionally, in food contests. Not cooking, but seeing how much you can stuff down in a given period of time. It is called the Association of Independent Competitive Eaters, (AICE) and SpeedEat. They have their stars, like Arnie "Chowhound" Chapman. Where, but in America can you take a vice/sin, (gluttony), and turn it into a spectator sport? Go figure!

"A New York University student was charged with bank fraud after depositing $43 million in bogus cashier's checks into Swiss and American accounts and trying to withdraw the money, prosecutors said Friday. Hakan Yalincak, 21, also faces civil charges that he convinced two investors to sink $2.8 million into a nonexistent hedge fund and spent the money on luxury items and university donations ... He wept in court as U.S. Magistrate Judge Joan Margolis ordered him jailed until a detention hearing Thursday. "I have a graduation on Wednesday," Yalincak said. Mr. Yalincak already has several job offers when he graduates ... after all ... he has demonstrated that he is CEO material, hasn't he?! <whispering> .... I think one of the job offers was from United Airlines.

Just got back from the Spring Bar Meeting. Was great to give Momma O, Paul H, David R, Bob Sig, Mark P, Dan L, the Senior Steinberg and Joanna O a Warm Brotherly Hug. We will have a Vacation Rule, a Statute of Limitations on Bar Complaints, Notice that a Complaint has been filed with the OCDC ... and a Uniform Picture ID to bypass courthouse security, in those counties that issue them. I remain totally and unequivocally against an SFIG "Oversight" committee .... but whole heartedly endorse the Legislation Sub-Committee I joined it and am a member. If you have an interest in making changes within our bar? JOIN IT. Sitting here, now editing these Ramblings and sipping on some Port. A quick scan of the news one of them "activist" federal judges, yesterday, struck down a constitutional amendment "defining" and banning same sex marriage, (overwhelmingly enacted by Nebraska's voters last year.) I guess the Federal Constitution still has priority over State Constitutions. What a novel idea! And " ... A new study shows that gay men respond differently from straight men when exposed to a suspected sexual stimulus found in male sweat ... their brains responded similarly to those of women". Gee, doesn't that support the theory that sexual preference has a biological basis? Makes my heart sing to see the active "brain storming" going on, on the SFIG, about solving our America's, (and our individual), Health Insurance problems, (I raised this issue in the April 15, 2005 Ramblings). I remain convinced there is a solution .... because THERE HAS TO BE. [WE REMAIN ONE SERIOUS INJURY AWAY FROM A BANKRUPTCY WE CAN NOT TAKE] Our Bar has a Health Insurance Committee ... you want to make changes happen? JOIN IT! Our Board of Governors will not listen to a myriad of posts to the SFIG ... but it will damn well pay attention to a concrete proposal for change made by a committee of the SFIG charged with making our collective wants known. Ever hear the phrase, "The Squeaky Wheel Get The Grease" ... time to join together and start squeaking.

I missed being away from Susan all day ... was wonderful to walk into Ft Timmerman and have her come up to me and welcome me home, (no hug and kiss is as good as the ones I get at home, (and other things as well.) In my case "home" IS where my heart is ) The Yorkies waddled over, wagged their tails then went back to there beds (and probably had a discussion about where they could take a dump on the floor. You have no idea how happy I am that everything in Ft Timmerman is tiled!!!) ... the cats kept right on sleeping. Tonight as I fall asleep holding the best partner a man can have ... I will give thanks, that I live, am a citizen of, a Nation that allows it's citizens to make change through a grass roots political process .... and I give thanks, and appreciate the sacrifices of our men and women in uniform, (and our Judges) ... who defend our right, make it possible for you and I to do so. Be and sleep well, the best there is, is on watch making sure you can .... and ..... <whispering> .... Please, Please, Please, God ... let them come home safe and soon. If my post offends, I apologize ... that is not my intent. As always ....

A Warm Brotherly Hug

Karl (the dumb ole country lawyer from Holden, Missouri).

 

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Karl H. Timmerman M.A.J.D. 2005
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