NOVEMBER 12, 2004

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 - 2004. 

Archived Prior Ramblings

In Memorium:
September 11, 2001

  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

  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

  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
Greets and Huggers.  Posted the evening of November 12, 2004. Kind of a different Ramblings, tonight. Being a dumb ole country lawyer, I have some questions to work through: try to make sense of some things that make no sense to me. Perhaps, you can help me. Last night, ABC broadcast "Saving Private Ryan" but our local Kansas City ABC affiliate, like many others,  declined to broadcast it:  "Many ABC affiliates around the country have announced that they won't take part in the network's Veterans Day airing of Saving Private Ryan, saying the acclaimed film's violence and language could draw sanctions from the Federal Communications Commission  ... The decisions mark a twist in the conflict over the aggressive stand the FCC has taken against obscenity and profanity since Janet Jackson flashed the world during the last Super Bowl halftime show." Hard to believe flashing a star covered nip could have such a "chilling effect". Why would the FCC need to protect us from boobs, (no pun intended)? "Saving Private Ryan" won how many Academy Awards? A movie about the horrific sacrifices made by our men and women in uniform:  broadcast on Veterans Day?  So ... <scratching his head> ... do you remember voting to allow our elected representatives, (who represent 51% of us),  determine what you and I and the other 49% of us can watch on TV?  When was it?  When did you vote to abdicate, assign to the State, (those folks elected by 51% of us),  your responsibility, as a parent, to monitor and control what your children watch?  When did you vote to elevate the State, (51% of us), to "Father Protector":  the role of  parens patria?  Just when did you vote/decide to relinquish personal responsibility?
Isn't personal responsibility the issue?  Since the turn of the last century, seems to be a trend:  our elected representatives deciding for you and I what is/should be criminally sanctioned based on their sense of what is "moral" and what is not. What should be a crime and what should not. When did you vote for that? You did, didn't you?  Why have victimless, "immoral" behaviors been criminalized by 51% of us:  substance abuse, crimes against nature, polygamy, polyandry, prostitution, etc? Don't you have to wonder who decided that "society" is a victim and therefore needs the be protected?  Isn't that the basis for criminalizing victimless behaviors?  So share with me:  at what point did "society" become the victim?  Could it be ... when our well meaning elected representatives decided to rescue and insure folks against bad decisions?  Bad choices?  Decided to pay for the consequences of wrong choices made? So, when did you vote for that?  Isn't mandatory national car liability insurance the result of that, (I read the car insurance posts/debate on  the SFIG with great interest). Isn't personal responsibility, having to live with and be accountable for your choices, decisions made, right or wrong, remain the issue?  So we now have insurance companies, insure against bad decisions made by our doctors, insure against bad decisions made by drivers and  insure against bad health decisions made by folks like you and I?  Share with me ... did you knowingly vote for legislators, who will implement legislation that bans given behaviors to specifically benefit the insurance industry?  Legislation designed to lower the cost of picking up the tab for other folks's bad decisions/mistakes by limiting access to the courts? Legislation designed to limit the economic cost of some folks mistakes, bad decisions? Isn't that the basis for Tort Reform? Oh ... and if our judges hold that legislation unconstitutional ... leading a campaign to have the judges removed?  You did, didn't you?

Let me share with you the bottom line:  God, Nature, Providence, (insert whatever Being, System, or sense of Order you choose), gives you and I the freedom to decide/choose, for ourselves, the behaviors we engage in. Whether they are "right" or "wrong" remains relative, contingent on their cost and what you need to have the choice affirmed. A modest proposal:  how about we go back to letting people chose the behaviors they wish to engage in as adults, (provided those behaviors do no harm to their neighbors), and let them be accountable for the results.  "Vices are those acts by which a man harms himself or his property.  Crimes are those acts by which one man harms the person or property of another.  Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property." Lysander Spooner, (nineteenth-Century lawyer, abolitionist, entrepreneur, legal theorist and political radical.)  How about we remove the constraints currently in place on suing insurance companies for bad faith?  Malfeasance? Just some thoughts.

MSNBC reported today:  "Expectations rose for Sanofi-Aventis big new drug hope Acomplia on Friday as the French firm revealed it would present two-year, rather than one-year, data on the anti-obesity medicine next week."  The drug apparently dulls the "pleasure" centers in the brain and reduces craving, making it a prime tool for weight loss and combating nicotine addiction. Course, it's French.  Kind of like the English becoming experts in dental care.

Spent the day with Andrew Starr, we taught an hour session at the puppy shark CLE in Columbia, (what a bright, gentle man and damn good lawyer!!).  Thoroughly enjoyed the good company and conversation.  Had the privilege of having lunch with Kim Benjamin and Kim Force, (as an old man ... I can tell you ... there is no joy, like being in the company of very bright, attractive Lady persons!! ... <smiling> ... who also happen to be talented lawyers!  :) 

We have a fire going in the fireplace at Ft Timmerman:  I'm sitting here editing the Ramblings, sipping on some Port and watching the evening news.  Ft Timmerman is warm and cosy. In Fallujah, we have granted over 600 extremists their wish:  they have made it to heaven.  The bad news?  There is a shortage of virgins:  I have it on good authority, a gay motorcycle gang and a herd of camels have been drafted to serve their needs. (You know God has to have a sense of humor!!!)  Yasser Arafat was buried today.  Time will tell if he lived a life worth living. If nothing else, he did make the world aware that Palestinian's also deserve a homeland.  On the SFIG, the self imposed moratorium on *POL* posts ended today  ...  <chuckling> ... I can almost picture in my minds eye ... the cathartic energy released by some of the *POL* posters ... hehehe ... and the sore "delete" finger of others. The Veterans Administration, (VA),  announced today "Gulf War Syndrome" actually exists and added an additional $15,000.000.00 to the research budget.  Really a surprising move, since they waited until VietVets suffering from "Agent Orange" exposure were dead, before offering compensation.  Susan and I are doing well:  hard to believe we will have a hard freeze tonight and Thanksgiving is only a couple of weeks away.  No matter how cold it gets outside, we are warm and safe:  we have each other to hold and the best there is, is on watch. My heart goes out to our men and women in Fallujah tonight:  they will be cold, afraid, (yes afraid, only a fool would not be), and thinking about their loved ones at home. They have something many of us will never experience, will never understand:  the sense of camaraderie that comes from caring, taking care of, supporting, being a "buddy" to and for, the person standing shoulder to shoulder next to them. Willing to lay down their lives for that person:  there are no hero's in war, only ordinary persons doing extraordinary things.  We are all capable of that. In small, unrecognized ways ... you and I do that on a daily basis:  we serve those who serve. Tonight, snug and warm holding the person that makes my life worth living ... as I drift off to sleep I will pray ... <whispering> ... Please, Please, Please, Lord ... let them come home safe and soon!!  Be and sleep well and please remember our men and women in uniform, in your prayers/wishes of well being tonight.  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. 2004
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