NOVEMBER 24, 2006

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 - 2006.



Archived Prior Ramblings

In Memoriam:
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  11-19-04
  11-26-04  12-03-04  12-10-04
  12-17-04  12-24-04  12-30-04
  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  07-22-05  07-29-05
  08-05-05  08-12-05  08-19-05
  08-26-05  09-02-05  09-09-05
  09-16-05  09-23-05  09-30-05
  10-07-05  10-14-05  10-21-05
  10-28-05  11-04-05  11-11-05
  11-18-05  11-25-05  12-02-05
  12-09-05  12-16-05  12-23-05
  01-06-06  01-13-06  01-20-06
  01-27-06  02-03-06  02-10-06
  02-17-06  02-24-06  03-03-06
  03-10-06  03-17-06  03-24-06
  03-31-06  04-07-06  04-14-06
  04-21-06  04-28-06  05-05-06
  05-12-06  05-19-06  05-26-06
  06-02-06  06-09-06  06-16-06
  06-23-06  06-30-06  07-07-06
  07-14-06  07-21-06  07-28-06
  08-04-06  08-11-06  08-18-06
  08-25-06  09-01-06  09-08-06
  09-15-06  09-22-06  09-29-06
  10-06-06  10-13-06  10-20-06
  10-27-06  11-03-06  11-10-06
  11-17-06  11-24-06
Greets and Huggers. Posted the evening of November 24, 2006. Watched NBC Dateline last Saturday night. Another "sting", (the 7th) ... adult males trying to link up with teenage girls for sex. Several caught on tape, admitted watching the show. I'm trying to make sense of rational, upper middle class men, obviously educated, aware of the consequences ... engaging in behaviors they have to know, could destroy their lives. I can not/do not believe they are inherently evil. Stupid, maybe ... but inherently evil? No. What is it about the Internet, Internet Chat Rooms, that would tempt an otherwise rational adult male ... to chat about sexual fantasies with what he believes is a 13 year old girl ... and then follow up by showing up at her doorstep? By definition, they are not pedophiles , 13 year old girls are generally accepted as NOT being prepubescent. Children? Yes. Physically capable of engaging in sexual relations? Yes. Having any concept of the consequences of engaging in sexual relations? No. Having the desire to do so? Yes. Do 13 year olds have the legal capacity, in most Western Cultures, to "consent"? Generally, No, (that varies by culture and Nation ... in many nations, the age of consent is 12 ... some have no "age of consent" at all). But that raises an interesting question. In all other hominid life forms, (and some human cultures), once a female becomes "receptive", she is free to breed/engage in sex and does. I understand we believe we are not "animals", (but in my mind perhaps barely so ... perhaps the distinction being our divine spark.) ... on a sexual plane, just what differentiates us from other social species? Share with me ... why do we have so many "moral" prohibitions involving sex? Do we really need them to survive as a species ... when obviously, so many other life forms don't? And getting back to the first question ... what is it about the Internet, impersonal conversations in a Chat Room, that cause some to bend/stretch/ignore the real world consequences of their behaviors? I have no clue ... but, perhaps ... engaging in these behaviors can cause a form of psychosis, yet to be defined and studied ... <whispering> .... how long has "gambling addiction" been recognized as an illness? and in related news ... ST. GEORGE, Utah (AP) -- Polygamist witness describes teen bride's fear. "A 14-year-old girl cried and was clearly troubled in the weeks preceding an arranged marriage to an older cousin, her sister testified Tuesday at a hearing involving the leader of a polygamist sect ... Warren Jeffs, leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, is charged with rape as an accomplice for his alleged role in forcing the girl to marry her 19-year-old first cousin in 2001 ... Jeffs was arrested August 28 and is being held without bail in the county jail in Purgatory, about 25 miles west of the twin towns of Hildale, Utah and Colorado City, Arizona, where most of his estimated 10,000 followers live." Somehow, it seems appropriate for this waste of skin, to be sitting in jail ... in "Purgatory", Utah. ... and on a planet in a galaxy far, far away ... AL-AWAMIYAH, Saudi Arabia -- Rape case has Saudi law under scrutiny. "When the teenager went to the police a few months ago to report she was gang-raped by seven men, she never imagined the judge would punish her--and that she would be sentenced to more lashes than one of her alleged rapists received ... In the case of the Girl of Qatif, she was sentenced to 90 lashes for being alone in a car with a man to whom she was not married -- a crime in this strictly segregated country -- at the time she allegedly was attacked and raped by a group of other men ... she had left home to retrieve her picture from a male high school student she used to know ... While the woman was in the car with the student, she said, two men intercepted them, got into the vehicle and drove the couple to a secluded area where the two were separated. She said she was raped by seven men, three of whom also allegedly raped her friend." The sentence? The victim and one of the men was sentenced to 90 lashes. Four of the men received between 1 and 5 years in prison plus 80 to 1,000 lashes, while the other three men are awaiting sentencing. Such are the whims of Shariah, (Islamic law). Equal protection is not one of the freedoms enjoyed by Saudi citizens: "In one recent case, three men convicted of raping a 12-year-old boy received sentences of 1 to 2 years in prison and 300 lashes each. In contrast, another judge sentenced at least four men to 6 to 12 years' imprisonment for fondling women in a tunnel." And of course, this is one of our staunchest allies in the middle east. Makes sense, doesn't it? Doesn't Mr Jeffs wish he lived in Al-Awamiyah? ... <whispering> .... the age of consent, (to marry), in Saudi Arabia ... is 8.

NEW YORK (Nov. 24) - Missing Show Dog Becomes Urban Legend. "In the nine months since escaping her travel cage at Kennedy Airport, Vivi the wayward whippet has joined the Central Park coyote, high-rise tiger, Harlem Meer caiman and Molly the fugitive feline in New York's ever-growing pantheon of urban animal legends ... According to a map published Nov. 18 by The New York Times, Vivi was reported at more than 45 different locations before Aug. 7, when the sightings suddenly stopped, raising fears that she might be dead or left the area." Rumor has it, Vivi made the unfortunate mistake of taking a shortcut through New York City's "Chinatown "..

LOS ANGELES (Entertainment News) - Seal, Klum Have Second Child Together. "Heidi Klum and Seal are parents once again. Klum gave birth Wednesday to Johan Riley Fyodor Taiwo Samuel, who weighed 8 pounds, 11 ounces, according to Seal's Web site, which did not say where the baby was born." Well, DUH! No doubt in a hospital maternity ward!!

PROVIDENCE, Rhode Island (AP) -- Same-sex divorce raises new questions for states. "A lesbian couple married in Massachusetts has filed for divorce in Rhode Island, setting up a legal conundrum for judges in a state where the laws are silent on the legality of same-sex marriage." Article IV, Section 1 of our Federal Constitution mandates that: "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof." Our Congress, citing "the effect thereof" provision of Article IV, Section 1 enacted the "Defense of Marriage Act", or DOMA, in 1996. It basically blocks the mandatory application of Article VI, Section 1 in matters pertaining to marriage. It further defines "marriage", (for all Federal purposes) as: "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife." States are not required to acknowledge marriages celebrated in other States and Federal law prohibits the recognition of any marriage except the legal union of a man and a woman. The DOMA makes federal "marriage" benefits, (like Social Security Survivors benefits), unavailable to domestic partners. So share with me again, why we need a constitutional amendment defining marriage? Isn't it because some fear that the DOMA will not stand a constitutional challenge? And that is the conundrum facing the judges in Rhode Island isn't it? Stripped of it's moral/religious weight, there is no legitimate State interest in not recognizing same sex, polygamous or polyandrous marriages that are lawfully celebrated in sister States. Isn't "marriage" first and foremost a "legal status/relationship'? If a State has jurisdiction over the parties ... why wouldn't it have jurisdiction to adjudicate their rights under a contract entered by them in another State?

WASHINGTON (AP) -- Top Democrat: Bring back the draft. "Americans would have to sign up for a new military draft after turning 18 if the incoming chairman of the House Ways and Means Committee has his way. New York Democratic Rep. Charles Rangel said Sunday he sees his idea as a way to deter politicians from launching wars. He believes a draft would bolster U.S. troop levels that are currently insufficient to cover potential future action in Iran, North Korea and Iraq." I happen to agree ... but for a different reason. Mandatory, no exception, universal, 6 months of military training and thereafter, 18 months of Junior College courses, (which earn 64 hours of college credit), or 18 months of Military Occupational Specialty, (MOS), training would teach a trade ... but more important ... it would teach our young people respect for the diversity of our culture, in an egalitarian environment. It would teach them self discipline and give them 2 years to transition/learn what it means to be an adult. As a society, we no longer have a defined line between childhood and becoming an adult ... do we? Perhaps an elegant solution to an age old problem ... and something to think about.

WASHINGTON (CNN) -- FDA allows silicone breast implants back on market. "The FDA is allowing silicone breast implants to be sold again, 14 years after they were removed from the market by the same agency over questions of safety. The approved silicone implants are made by two companies, Inamed Aesthetics, now a part of Allergan, and Mentor. The FDA says these implants are approved "for breast reconstruction in women of all ages and breast augmentation in women ages 22 and older."" Obviously, the implants manufactured by "Mentor" will be favored by blondes.

BBC NEWS -- Argentina holds Blind World Cup. "The football World Cup for the Blind is under way in Argentina with eight nations competing for the title. Hosts and current champions Argentina are joined by seven qualifiers - Brazil, Paraguay, England, Spain, France, Japan, and South Korea." In related news, NASCAR has announced the "Blind Mans Bluff" series of races. The drivers are blindfolded and issued a long white cane, which allows them to tap the track in front of their vehicles in order to stay on the track and avoid hitting other cars. Whomever finishes 10 laps in the shortest time, wins. Independent Living Aids, Inc. announced it will sponsor one of the racers. [Note. All kidding aside, as a result of diabetic retinopathy, Susan is blind in one eye and impaired in the other, (no doubt the reason she continues to love this ugly old man) ... and my mother is legally blind. Both use some of the excellent products sold by http://www.independentliving.com/ . Take a look the Site, should you be interested in a gift for one of your vision impaired friends.]

Just walked back in ... Holden had it's tree lighting ceremony this evening. Sitting here now editing these Ramblings and sipping on some Port. Played with my new Nikon D200 yesterday, (it is one great piece of machinery). For those who care ... the camera will take damn good images at 1,200 ASA, using my Tamron 28-105mm, SP LD F2.8. It is not image stabilized, but having the ability to shoot at high ASA's makes up for it. The down side? It is about 4 times heavier and twice as large as my FZ30. I'll start posting some of my images again, soon. Alan S shared that his mother had passed away ... at 97. Susan and I send our most heartfelt sympathies ... but also know how difficult the last 4 years have been. We continue to believe, all things happen in God's time: for everything there is a season, (Ecclesiastes 3.1). Susan is in the other room with her Fur Babies ... and we have another "Puppy Mill" rescue: "Gertie ". A five year old female Basset. All is well at Ft Timmerman ... Susan and I have our health and each other ... and for that I will say a prayer of thanks as I drift off to sleep holding her tonight ... and a prayer of healing for Sharon H ... and a prayer for the safe return of our men and women in uniform. Care to join me? Be and sleep well, take the time to look at all you have ... you have so much to be thankful for ... <whispering> ... including the sacrifices made by our men and women in uniform, so you can do so. 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. 2006
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