A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


FOR

JULY 15, 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 Memoriam:
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  05-20-05  05-27-05
  06-03-05  06-12-05  06-17-05
  06-24-05  07-01-05  07-08-05
  07-15-05
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
Greets and Huggers. Posted the evening of July 15, 2005. I'm beginning to think I live in the twilight zone. How do you determine the line between differing realities? The way I see things ... and ... the way, for example, Susan sees things. Life, for me, seems to have become a series of questions. For example, in the news this week, "The pharmaceutical industry spent a record $128 million last year trying to win over U.S. politicians, more than any other business sector, according to a report released Thursday." So, the pharmaceutical companies, (you know, the folks who advertise on TV, that this drug, or that drug, will save you from yellow toe nails, (but may destroy your kidneys), or guarantee an erection, even if you've had a sex change operation), whose doctors have taken the "Hippocratic Oath" ... have, perhaps, bought our elected representatives, (you know, the folks who make a living representing you and I?) While, "The hospital cost of a coronary artery bypass procedure is nearly twice as high in the U.S. as it is in Canada ... on average, the cost of CABG surgery in the American hospitals was $20,673, compared with $10,373 in Canada" ... and, (surprise!!!) ... "Research [A] third of study results don't hold up ... the sobering conclusion came in a review of major studies published in three influential medical journals between 1990 and 2003, including 45 highly publicized studies that initially claimed a drug or other treatment worked." Gosh, don't you wonder how that could happen? "Forty-four government scientists who also worked as consultants for drug companies violated agency regulations designed to prevent conflicts of interest, a review by the National Institutes of Health shows" . I can remember when hospitals were charitable institutions. I can remember when health insurance companies were not-for-profit. I remember watching Marcus Welby, MD. actually spend time and ... care for his patients. While today, now, isn't it all about the money? Showing a profit for investors/shareholders? Have you considered the possibility, that some areas of our life ... should be "not-for-profit"? That, some things should be done, just to serve our fellow human beings? Where is the line between the two?

... or ...

" A teacher who "French kisses" a student over the age of 16 still has committed an illegal sex act under state law, the Kansas Court of Appeals ruled Friday ... Last year, the state's sexual relations law was amended to make it a felony for school employees to have sexual contact with students ages 16 and 17. Prior to that, sex abuse laws in Kansas had only applied to victims under the age of 16." "French kissing" is a sex act? Sheesh! There is a Webpage on how to do it correctly? (You can even buy a "how to" DVD!) No wonder Kansas folks are working so hard dealing with "creation" issues, redefining "evolution", in a "creation science" context. Perhaps these are "displacement behaviors" ... folks just trying to understand ... folks just dealing with the fact, they think their sister/brother looks good. Things must be slow in Kansas. I can honestly say ... none of the teachers I had in high school tried to slip me the tongue. Can honestly say, not an issue I worried about. Did/do you? (Oh ... and I'm curious. Just why is it called "French Kissing"?) Where is the line between a teacher and a student, (when perhaps one is 17 and the other is 23?)  Where should the line be? I was going to ask, where is the line between the French and everything else in the world ... but that would be a dumb question.

... or ...

"Laboratories using new tissue engineering technology might be able to produce meat that is healthier for consumers and cut down on pollution produced by factory farming." Picture a bio-tech factory ... manufacturing steaks, pork chops, chicken wings, fish fillets and shrimp munchies ... using "cloning" technology? It's doable, may even be cost effective on a large scale. Would, no doubt be environmentally better/safer than having mega-pig or poultry farms ... or feed lots. Course, they could also manufacture spare or replacement body parts. Care to have an extra set of lips? Or, perhaps, bigger boobs ... or a prehensile penis? (hmmm ... wouldn't that be an interesting appendage? Although, I doubt, being able to hang from the ceiling fan in your bedroom, would be a significant species survival strategy.) Where is the line between biologically "natural" and "unnatural? If it is possible, how can there be a line?

... or ...

"Thirty years after doctors stopped performing lobotomies to treat mental illness, epilepsy and even chronic headaches, relatives of patients who suffered after undergoing the procedure want the Nobel Prize given to its inventor revoked." 1949 was not a good year for the Nobel Prize for medicine. "[Egas] Moniz developed the lobotomy procedure in 1936 as a way to treat people with severe psychiatric illnesses, particularly agitation and depression. Through holes drilled in the skull, he cut through nerve fibers connecting the brain's frontal lobe, which controls thinking, with other brain regions -- believing that as new nerve connections formed the patient's abnormal behavior would end." What's next ... electroshock therapy ... being discounted, as a viable treatment for mental illness? Makes you wonder what constitutes a "mental illness", doesn't it? Where is the line between "eccentric" and "crazy"? Isn't cause and effect a simple premise. We can observe the effect but struggle to explain the cause. And again "a line" ... where is the line between medicine as an "art" and medicine as a "science"? Isn't this also the crux of the argument about "creation science" and "evolution"? When you can't explain what healed, it's called "art" (creation science) ... when you set up a clinical study/trial, to test a hypothesis, with control groups and a defined methodology to test the hypothesis ... it's called "science". The "fly in the ointment", (and what "creation science" folks hang their hat on) ... is ... you can not "test" evolution on a macro scale, (the origin of life), but can only extrapolate from recorded micro events, (which is precisely what Darwin did). Evolution remains, for most folks, an elegant way of explaining our reality, (effect) ... and for some, "God did it", (cause) ... is sufficient, because it requires no further examination/searching, no further explanation nor testing. So where is the line between "cause" and "effect"? Doesn't there have to be one?

... or ... my personal favorite example of stupidity ...

Bethany Christian Services, "A Christian adoption agency that receives money from Choose Life license plate fees said it does not place children with Roman Catholic couples because their religion conflicts with the agency's "Statement of Faith." I guess Catholic folks don't believe, "As the Savior, Jesus takes away the sins of the world," the statement says in part. "Jesus is the one in whom we are called to put our hope, our only hope for forgiveness of sin and for reconciliation with God and with one another." Good to know there are also Christian nutcases in Mississippi, (I wonder if their headquarters were damaged by the last hurricane ... after they moved from Kansas ... to get away from tornadoes?) God is quite good at drawing lines.

On the SFIG, I read my Dear Friend, Bill Cownie's post about OC, (opposing counsel), objecting to a continuance request, a request made by Bill, because his daughter was getting married on Saturday and he could/would not be ready for a jury trial on the following Monday. Bill refused to mention any names, (shows how much of a gentleman he is). But "Casenet" for the 16th Circuit, is a wonderful tool. Did you know it allows a search by trial date, "commencing July 30, 2005" and attorney name, "William Garry Cownie"? And there it is ... the names of the parties and their respective attorneys. I now know the name, (care to join me in the nomination), of a good candidate for the "Legal Dick of the Month Award". 'Nuff said.

Sitting here editing these Ramblings, sipping on some Creme Sherry and watching the evening news. Three dead in Indonesia and two in China, from human to human transmitted Avian Flu. "China is aiming to launch its second manned space capsule in October ... " At least the Chinese are developing an exit strategy for when the Flu Pandemic hits ... while in Indonesia, "The disease is not yet here. There is no mortality," Yap said. "It's like you have HIV but you don't have AIDS." "It's like you have HIV but you don't have AIDS"? And this moron is on the front line of defense against a bug that could kill millions? ... and ... Senator Clinton, "... asked the Federal Trade Commission to investigate the origins of a downloadable modification that allows simulated sex in the personal computer version of one of the most popular and controversial video games in history." Guess she wants to thank the creators personally, for Bill's birthday present, (after all ... she had to stop giving him cigars).

Was away from Susan all day today, a deposition in the morning, a Mediation Advisory Committee meeting until 200 PM and a Juvenile Court case management after that. Didn't get home until after 5. Was great to walk into Ft Timmerman and have Susan put her arms around me to welcome me home, (while the Damn Yorkies, Belle and Justy, were running in circles, wagging their tails and Max tried his best to hump my leg ... butt sniffing and leg humping seem to be his terms of endearment!) Mine, is holding the most wonderful partner a man can have, while sharing with her, how important she is to me and how much I love her. Nice to know she feels the same way. Tonight, as I usually do, (while curled around "My Lady"), I will whisper a prayer of thanks ... and a plea for the safe return of our men and women in uniform, (are to join me?) .... <whispering> .... Please, Please, Please, God ... let them come home safe and soon! Be and sleep well, there are folks out there paying THE PRICE, so you can. If these Ramblings offend, 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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