Two years ago the International Astronomical Union (IAU) after a heated debate decided to reclassify Pluto as a dwarf planet, and a trans-Neptunian dwarf-planet altering its original designation as a planet, a designation that Pluto had held since, its discovery in 1930. www.iau2006.org/mirror/www.iau.org/iau0603/index.
Today the IAU announced that it had adopted the term Plutoids to describe Trans-Neptunian celestial objects that meet the definition of dwarf planets adopted two years ago:
Plutoids are celestial bodies in orbit around the Sun at a distance greater than that of Neptune that have sufficient mass for their self-gravity to overcome rigid body forces so that they assume a hydrostatic equilibrium (near-spherical) shape, and that have not cleared the neighbourhood around their orbit. The two known and named plutoids are Pluto and Eris. It is expected that more plutoids will be named as science progresses and new discoveries are made.
http://www.iau.org/public_press/news/release/iau0804/
The current definiton used by the IAU means that only Pluto and Eris are classified as plutoids, excluding Charon, which the IAU holds is merely a satellite of Pluto. Although, there is a minority of astronomers that have adopted the view that Pluto and Charon constitute a double dwarf planet. If this view ultimately prevails they would be the only double planetary system within the solar system
Update a third celestial body has been classified as both a dwarf planet and a Plutoid, it is named Makemake and is found in the Kuiper Belt.
11 June, 2008
30 May, 2008
Ordination of Women
One of the titles given to Mary Magdalene in the Eastern Rite Catholic Churches in communion with Rome is Iσαπόστολος, isapostolos in Greek, aequalis apostolis in Latin, which, translates into English as Equal to the Apostles.
Another case and point is Saint Phoebe (1st century) who was a deaconess of the Church. She was commended to the congregation of Rome by St. Paul, who praised her for her assistance to him and who according to tradition delivered the Epistle to Romans to the congregation Her feast day is 3 September
I would humbly assert that Mary's designation and Phoebe's role in the early church are sufficient reasons to permit and work toward the full ordination and participation of women within the Ministry. Furthermore, I would argue that this position is consistent with the Jewish traditions that were the foundation for Christianity that affirmed the feminine aspect of the Divine Presence exemplified by the Shekhinah.
Update The Vatican just announced that women who are ordained and the bishops that ordain them would be excommunicated. So on issue of equality the Church remains in the Dark and Middle ages.
Another case and point is Saint Phoebe (1st century) who was a deaconess of the Church. She was commended to the congregation of Rome by St. Paul, who praised her for her assistance to him and who according to tradition delivered the Epistle to Romans to the congregation Her feast day is 3 September
I would humbly assert that Mary's designation and Phoebe's role in the early church are sufficient reasons to permit and work toward the full ordination and participation of women within the Ministry. Furthermore, I would argue that this position is consistent with the Jewish traditions that were the foundation for Christianity that affirmed the feminine aspect of the Divine Presence exemplified by the Shekhinah.
Update The Vatican just announced that women who are ordained and the bishops that ordain them would be excommunicated. So on issue of equality the Church remains in the Dark and Middle ages.
29 May, 2008
Life Themes within Prince Caspian A Revision
RAF, aka little Trumpkin posited a question to me regarding the fact that I did not address themes related to life and the affirmation of life in previous post. In the film during a respite in his duel with Miraz, Peter asks Edmund:
In the novels The Lion, Witch, and the Wardrobe, Prince Caspian and the films adaptations of the novels I noted the following formula Right Attitude + Right Action = Salvation
Right Attitude, the first part of the equation is a composite, which, requires that the faith of individuals be informed by reason and that reason of an individual complement, the faith of individuals enabling humankind to harmoniously balance faith and reason in a peaceful coexistence.
I would assert that the right attitude according to a Lewisian viewpoint would be akin to Eli's instructions to Samuel on how respond to G-D when G-D calls. Speak LORD thy servant is listening as illustrated by Aslan's chastisement of Lucy for neglecting her duties to the people and placing her own desires above the good of the people.
The existence of a right attitude endows humankind with the tools necessary to undertake the second part of the salvation equation which, is right action. The fact that a person has the proper attitude does not necessarily always result in the person undertaking righteous actions because, G-D granted to humankind the free will to make choices, and among the choices each human has to make is the choice to do good works for the betterment of humanity or evil works that harm humans.
For example after the disastrous raid on Miraz's castle and the loss of so many men both Caspian and Peter are tempted to a degree to call upon the White Witch and make a deal with the devil, but, Edmund's inherent faith in Aslan and his inherent reason accomplished the right action that saved both Caspian and Peter both of whom were blinded by their pride.
So also faith of itself, if it does not have works, is dead. Indeed someone
might say, "You have faith and I have works." Demonstrate your faith to me
without works, and I will demonstrate my faith to you from my works. You believe
that God is one. You do well. Even the demons believe that and tremble.
Do you want proof, you ignoramus, that faith without works is useless? Was
not Abraham our father justified by works when he offered his son Isaac upon the
altar? You see that faith was active along with his works, and faith was
completed by the works. Thus the scripture was fulfilled that says, "Abraham
believed God, and it was credited to him as righteousness," and he was called
"the friend of God." See how a person is justified by works and not by faith
alone. And in the same way, was not Rahab the harlot also justified by works
when she welcomed the messengers and sent them out by a different route? For
just as a body without a spirit is dead, so also faith without works is dead.
James 2:17-26
What do you think happens at home if you die
here?
In the novels The Lion, Witch, and the Wardrobe, Prince Caspian and the films adaptations of the novels I noted the following formula Right Attitude + Right Action = Salvation
Right Attitude, the first part of the equation is a composite, which, requires that the faith of individuals be informed by reason and that reason of an individual complement, the faith of individuals enabling humankind to harmoniously balance faith and reason in a peaceful coexistence.
I would assert that the right attitude according to a Lewisian viewpoint would be akin to Eli's instructions to Samuel on how respond to G-D when G-D calls. Speak LORD thy servant is listening as illustrated by Aslan's chastisement of Lucy for neglecting her duties to the people and placing her own desires above the good of the people.
The existence of a right attitude endows humankind with the tools necessary to undertake the second part of the salvation equation which, is right action. The fact that a person has the proper attitude does not necessarily always result in the person undertaking righteous actions because, G-D granted to humankind the free will to make choices, and among the choices each human has to make is the choice to do good works for the betterment of humanity or evil works that harm humans.
For example after the disastrous raid on Miraz's castle and the loss of so many men both Caspian and Peter are tempted to a degree to call upon the White Witch and make a deal with the devil, but, Edmund's inherent faith in Aslan and his inherent reason accomplished the right action that saved both Caspian and Peter both of whom were blinded by their pride.
So also faith of itself, if it does not have works, is dead. Indeed someone
might say, "You have faith and I have works." Demonstrate your faith to me
without works, and I will demonstrate my faith to you from my works. You believe
that God is one. You do well. Even the demons believe that and tremble.
Do you want proof, you ignoramus, that faith without works is useless? Was
not Abraham our father justified by works when he offered his son Isaac upon the
altar? You see that faith was active along with his works, and faith was
completed by the works. Thus the scripture was fulfilled that says, "Abraham
believed God, and it was credited to him as righteousness," and he was called
"the friend of God." See how a person is justified by works and not by faith
alone. And in the same way, was not Rahab the harlot also justified by works
when she welcomed the messengers and sent them out by a different route? For
just as a body without a spirit is dead, so also faith without works is dead.
James 2:17-26
In answer to the question What do you think happens at home if you die here? The answer depends on the righteousness or lack thereof, but as to what will ultimately happen when an individual dies only G-D has the answer to that question. I have experienced first hand what death is and it is beyond my capacity to describe it.
16 May, 2008
Thoughts on Themes
The movie Prince Caspian illustrates a variety of themes that are important for both children and adults to take to heart.
First, the movie illustrates the need to work as team and the importance of community as Queen Lucy demonstrates this principle when she reminds High King Peter to remember who actually defeated Jadis. King Edmund further reinforces this need later in the film when he destroyed the conjured image of Jadis.
Second, the film reminds viewers that wisdom often comes in surprising guises and from unexpected sources. The tome also recalls that even the youngest of individuals can exhibit a level of maturity in their faith, reason and strength that can equal or surpass those qualities in adults as Lucy and Edmund illustrate through their words and conduct.
Third, the movie serves a metaphor for crises of faith as demonstrated by Peter, Susan, and Caspian X, highlights the need to work through them because, this results in a heightened understanding of self and the individual responsibility that every human being bears.
Fourth, the adaptation calls the veiwer to examine the secular roles that every person possesses and to insure that the people are fulfilling both their secular and religious duties to the best of their abilities.
Last, the tale reinforces the need for parents and adults to take an active role in the development of children if they are expected become healthy vibrant adults.
First, the movie illustrates the need to work as team and the importance of community as Queen Lucy demonstrates this principle when she reminds High King Peter to remember who actually defeated Jadis. King Edmund further reinforces this need later in the film when he destroyed the conjured image of Jadis.
Second, the film reminds viewers that wisdom often comes in surprising guises and from unexpected sources. The tome also recalls that even the youngest of individuals can exhibit a level of maturity in their faith, reason and strength that can equal or surpass those qualities in adults as Lucy and Edmund illustrate through their words and conduct.
Third, the movie serves a metaphor for crises of faith as demonstrated by Peter, Susan, and Caspian X, highlights the need to work through them because, this results in a heightened understanding of self and the individual responsibility that every human being bears.
Fourth, the adaptation calls the veiwer to examine the secular roles that every person possesses and to insure that the people are fulfilling both their secular and religious duties to the best of their abilities.
Last, the tale reinforces the need for parents and adults to take an active role in the development of children if they are expected become healthy vibrant adults.
12 May, 2008
OLLU Fire Update
The San Antonio Business Journal is reporting that the cause of the fire was not an arson but, was an electrical short that occurred in the attic of the Old Main. This fact does not surprise me considering the age and condition of the building
06 May, 2008
Our Lady of the Lake
Has anyone ever been moved by the sheer beauty of a building? I am curious because, one of the most beautiful buildings in the whole of San Antonio is rapidly being consumed by a raging fire.
The main building of Our Lady of the Lake University is being consumed by an inferno that is believed to have started as an electrical fire. I was only in the building once as young child but, to this day I remember the beauty of the building and the splendor of its architecture. I also recall the joy and happiness my grandfather derived from showing me the building.
The only portion of the main building still untouched by fire is the university chapel. The university has connections with my family dating back several generations. My parents attended the university and were married in the chapel. My grandfather and his brothers were involved in renovating the chapel in the 1960's
Fortunately the building was largely empty and the members of the cleaning crew who were inside were able to escape the fire.
Fortunately the building was largely empty and the members of the cleaning crew who were inside were able to escape the fire.
27 April, 2008
The Four Pevensies and My Faith Journey
In re-reading The Chronicles of Narnia series I find that the characters of the four Pevensie children reflect to a degree the evolution of my faith. The four Pevensie's represent several metaphors: First, they symbolize the evolutionary nature of my faith. Lucy and Susan represent the ideas of pure faith and pure reason Second, Edmund serves as a metaphor for the potential for the harmonious coexistence of faith and reason. Peter serves as the realization of the ideal harmonious coexistence of faith amd reason.
29 February, 2008
A Lay Person View of Blanchard v. Morton School District
The case of Blanchard v. Morton School District, docket number 07-825 revisits the question of whether the Individuals with Disabilities Education Act can be enforced using 42 U.S.C. § 1983.
The stated purpose of 42 U.S.C. § 1983, is to serve as a means of instituting a corrective civil action to provide a means of redress for the deprivation of the rights of individuals.
The heart of the debate turns on the question of whether or not 42 U.S.C. § 1983 can be utilized as a remedy for violations of the Individuals with Disabilities Education Act or whether the text of the Individual with Disabilities Education Act contains a remedial statute, in the form of
20 U.S.C. § 1415.
In addition to the aforementioned question of whether or not Section 1983 can be utilized as
the basis of a c ause of action demanding redress for violations if the IDEA, the Court has also been asked to determine whether or n0t the the parents of disabled students having the necessary standing to claim and can be awarded damages based on these claims.
I would argue that the decision of whether or not section 1983 will rest largely on the legislative intent because, the case law on the issue is divided. On the issue of damages I would argue that damages should be awarded if the purpose of the award is to provide compensation for the loss of salary accrued as the result of caring for a disabled dependent.
The Supreme Court denied certiorari and refused to review of a claim that parents be allowed to sue for damages under the Civil Rights Act of 1867 to enforce their right to a free public education for their disabled child. So the holding of the Ninth Circuit stands.
The stated purpose of 42 U.S.C. § 1983, is to serve as a means of instituting a corrective civil action to provide a means of redress for the deprivation of the rights of individuals.
Section 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought
against a judicial officer for an act or omission taken in such officer's judicial capacity,
injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
The heart of the debate turns on the question of whether or not 42 U.S.C. § 1983 can be utilized as a remedy for violations of the Individuals with Disabilities Education Act or whether the text of the Individual with Disabilities Education Act contains a remedial statute, in the form of
20 U.S.C. § 1415.
Section 1415. Procedural safeguards
(a) Establishment of procedures
Any State educational agency, State agency, or local educational agency that receives assistance under this subchapter shall establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of free appropriate public education by such agencies.
(b) Types of procedures
The procedures required by this section shall include -
(1) an opportunity for the parents of a child with a disability to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child;
(2) procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual (who shall not be an employee of the State educational agency, the local educational agency, or any other agency that is involved in the education or care of the child) to act as a surrogate for the parents;
(3) written prior notice to the parents of the child whenever such agency -
(A) proposes to initiate or change; or
(B) refuses to initiate or change; the identification, evaluation, or educational placement of the child, in accordance with subsection (c) of this section, or the provision of a free appropriate public education to the child;
(4) procedures designed to ensure that the notice required by paragraph (3) is in the native language of the parents, unless it clearly is not feasible to do so;
(5) an opportunity for mediation in accordance with subsection (e) of this section;
(6) an opportunity to present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child;
(7) procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice (which shall remain confidential) -
(A) to the State educational agency or local educational agency, as the case may be, in the complaint filed under paragraph (6); and
(B) that shall include -
(i) the name of the child, the address of the residence of the child, and the name of the school the child is attending;
(ii) a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and
(iii) a proposed resolution of the problem to the extent known and available to the parents at the time; and
(8) procedures that require the State educational agency to develop a model form to assist parents in filing a complaint in accordance with paragraph (7).
(c) Content of prior written notice
The notice required by subsection (b)(3) of this section shall include -
(1) a description of the action proposed or refused by the agency;
(2) an explanation of why the agency proposes or refuses to take the action;
(3) a description of any other options that the agency considered and the reasons why those options were rejected;
(4) a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action;
(5) a description of any other factors that are relevant to the agency's proposal or refusal;
(6) a statement that the parents of a child with a disability have protection under the procedural safeguards of this subchapter and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and
(7) sources for parents to contact to obtain assistance in understanding the provisions of this subchapter.
(d) Procedural safeguards notice
(1) In general
A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents, at a minimum -
(A) upon initial referral for evaluation;
(B) upon each notification of an individualized education program meeting and upon reevaluation of the child; and
(C) upon registration of a complaint under subsection (b)(6) of this section.
(2) Contents
The procedural safeguards notice shall include a full explanation of the procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so, and written in an easily understandable manner, available under this section and under regulations promulgated by the
Secretary relating to -
(A) independent educational evaluation;
(B) prior written notice;
(C) parental consent;
(D) access to educational records;
(E) opportunity to present complaints;
(F) the child's placement during pendency of due process proceedings;
(G) procedures for students who are subject to placement in an interim alternative educational setting;
(H) requirements for unilateral placement by parents of children in private schools at public expense;
(I) mediation;
(J) due process hearings, including requirements for disclosure of evaluation results and recommendations;
(K) State-level appeals (if applicable in that State);
(L) civil actions; and
(M) attorneys' fees.
(e) Mediation
(1) In general
Any State educational agency or local educational agency that receives assistance under this subchapter shall ensure that procedures are established and implemented to allow parties to disputes involving any matter described in subsection (b)(6) of this section to resolve such disputes through a mediation process which, at a minimum, shall be available whenever a hearing is requested under subsection (f ) or (k) of this section.
(2) Requirements
Such procedures shall meet the following requirements:
(A) The procedures shall ensure that the mediation process -
(i) is voluntary on the part of the parties;
(ii) is not used to deny or delay a parent's right to a due process hearing under subsection (f) of this section, or to deny any other rights afforded under this subchapter; and
(iii) is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(B) A local educational agency or a State agency may establish procedures to require parents who choose not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with -
(i) a parent training and information center or community parent resource center in the State established under section 1482 or 1483 of this title; or
(ii) an appropriate alternative dispute resolution entity; to encourage the use, and explain the benefits, of the mediation process to the parents.
(C) The State shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
(D) The State shall bear the cost of the mediation process, including the costs of meetings described in subparagraph (B).
(E) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(F) An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.
(G) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process.
(f) Impartial due process hearing
(1) In general
Whenever a complaint has been received under subsection (b)(6) or (k) of this section, the parents involved in such complaint shall have an opportunity for an impartial due process hearing, which shall be conducted by the State educational agency or by the local educational agency, as determined by State law or by the State educational agency.
(2) Disclosure of evaluations and recommendations
(A) In general
At least 5 business days prior to a hearing conducted pursuant to paragraph (1), each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing.(B) Failure to disclose
A hearing officer may bar any party that fails to comply with subparagraph (A) from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
(3) Limitation on conduct of hearing
A hearing conducted pursuant to paragraph (1) may not be conducted by an employee of the State educational agency or the local educational agency involved in the education or care of the child.
(g) Appeal
If the hearing required by subsection (f) of this section is conducted by a local educational agency, any party aggrieved by the findings and decision rendered in such a hearing may appeal such findings and decision to the State educational agency. Such agency shall conduct an impartial review of such decision. The officer conducting such review shall make an independent decision upon completion of such review.
(h) Safeguards
Any party to a hearing conducted pursuant to subsection (f) or (k) of this section, or an appeal conducted pursuant to subsection (g) of this section, shall be accorded -
(1) the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
(2) the right to present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) the right to a written, or, at the option of the parents, electronic verbatim record of such hearing; and(4) the right to written, or, at the option of the parents, electronic findings of fact and decisions (which findings and decisions shall be made available to the public consistent with the requirements of section 1417(c) of this title (relating to the confidentiality of data, information, and records) and shall also be transmitted to the advisory panel established pursuant to section 1412(a)(21) of this title).
(i) Administrative procedures
(1) In general
(A) Decision made in hearing
A decision made in a hearing conducted pursuant to subsection (f) or (k) of this section shall be final, except that any party involved in such hearing may appeal such decision under the provisions of subsection (g) of this section and paragraph (2) of this subsection.
(B) Decision made at appeal
A decision made under subsection (g) of this section shall be final, except that any party may bring an action under paragraph (2) of this subsection.
(2) Right to bring civil action
(A) In general
Any party aggrieved by the findings and decision made under subsection (f) or (k) of this section who does not have the right to an appeal under subsection (g) of this section, and any party aggrieved by the findings and decision under this subsection, shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.
(B) Additional requirements
In any action brought under this paragraph, the court -
(i) shall receive the records of the administrative proceedings;
(ii) shall hear additional evidence at the request of a party; and
(iii) basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.
(3) Jurisdiction of district courts; attorneys' fees
(A) In general
The district courts of the United States shall have jurisdiction of actions brought under this section without regard to the amount in controversy.
(B) Award of attorneys' fees
In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party.
(C) Determination of amount of attorneys' fees
Fees awarded under this paragraph shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this subsection.
(D) Prohibition of attorneys' fees and related costs for certain services
(i) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under this section for services performed subsequent to the time of a written offer of settlement to a parent if -
(I) the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins;
(II) the offer is not accepted within 10 days; and
(III) the court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.
(ii) Attorneys' fees may not be awarded relating to any meeting of the IEP Team unless such meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation described in subsection (e) of this section that is conducted prior to the filing of a complaint under subsection (b)(6) or (k) of this section.(E) Exception to prohibition on attorneys' fees and related costs.
Notwithstanding subparagraph (D), an award of attorneys' fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.
(F) Reduction in amount of attorneys' fees
Except as provided in subparagraph (G), whenever the court
finds that -
(i) the parent, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;
(ii) the amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;
(iii) the time spent and legal services furnished were excessive considering the nature of the action or proceeding; or
(iv) the attorney representing the parent did not provide to the school district the appropriate information in the due process complaint in accordance with subsection (b)(7) of this section; the court shall reduce, accordingly, the amount of the attorneys' fees awarded under this section.
(G) Exception to reduction in amount of attorneys' fees
The provisions of subparagraph (F) shall not apply in any action or proceeding if the court finds that the State or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of this section.
(j) Maintenance of current educational placement
Except as provided in subsection (k)(7) of this section, duringthe pendency of any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents otherwise agree, the child shall remain in the then-current educational placement of such child, or, if applying for initial admission to a public school, shall, with the consent of the parents, be placed in the public school program until all such proceedings have been completed.
(k) Placement in alternative educational setting
(1) Authority of school personnel
(A) School personnel under this section may order a change in the placement of a child with a disability -
(i) to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would be applied to children without disabilities); and
(ii) to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days if -
(I) the child carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or a local educational agency; or
(II) the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency.
(B) Either before or not later than 10 days after taking a disciplinary action described in subparagraph (A) -
(i) if the local educational agency did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the suspension described in subparagraph (A), the agency shall convene an IEP meeting to develop an assessment plan to address that behavior; or
(ii) if the child already has a behavioral intervention plan, the IEP Team shall review the plan and modify it, as necessary, to address the behavior.
(2) Authority of hearing officer
A hearing officer under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer -
(A) determines that the public agency has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others;
(B) considers the appropriateness of the child's current placement;
(C) considers whether the public agency has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and
(D) determines that the interim alternative educational setting meets the requirements of paragraph (3)(B).
(3) Determination of setting
(A) In general
The alternative educational setting described in paragraph (1)(A)(ii) shall be determined by the IEP Team.
(B) Additional requirements
Any interim alternative educational setting in which a child is placed under paragraph (1) or (2) shall -
(i) be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child's current IEP, that will enable the child to meet the goals set out in that IEP; and
(ii) include services and modifications designed to address the behavior described in paragraph (1) or paragraph (2) so that it does not recur.
(4) Manifestation determination review
(A) In general
If a disciplinary action is contemplated as described in paragraph (1) or paragraph (2) for a behavior of a child with a disability described in either of those paragraphs, or if a disciplinary action involving a change of placement for more than 10 days is contemplated for a child with a disability who has engaged in other behavior that violated any rule or code of conduct of the local educational agency that applies to all children -
(i) not later than the date on which the decision to take that action is made, the parents shall be notified of that decision and of all procedural safeguards accorded under this section; and
(ii) immediately, if possible, but in no case later than 10 school days after the date on which the decision to take that action is made, a review shall be conducted of the relationship between the child's disability and the behavior subject to the disciplinary action.
(B) Individuals to carry out review
A review described in subparagraph (A) shall be conducted by the IEP Team and other qualified personnel.
(C) Conduct of review
In carrying out a review described in subparagraph (A), the IEP Team may determine that the behavior of the child was not a manifestation of such child's disability only if the IEP Team -
(i) first considers, in terms of the behavior subject to disciplinary action, all relevant information, including -
(I) evaluation and diagnostic results, including such results or other relevant information supplied by the parents of the child;
(II) observations of the child; and
(III) the child's IEP and placement; and
(ii) then determines that -
(I) in relationship to the behavior subject to disciplinary action, the child's IEP and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the child's IEP and placement;
(II) the child's disability did not impair the ability of the child to understand the impact and consequences of the behavior subject to disciplinary action; and(III) the child's disability did not impair the ability of the child to control the behavior subject to disciplinary action.
(5) Determination that behavior was not manifestation of disability
(A) In general
If the result of the review described in paragraph (4) is a determination, consistent with paragraph (4)(C), that the behavior of the child with a disability was not a manifestation of the child's disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner in which they would be applied to children without disabilities, except as provided in section 1412(a)(1) of this title.
(B) Additional requirement
If the public agency initiates disciplinary procedures applicable to all children, the agency shall ensure that the special education and disciplinary records of the child with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.
(6) Parent appeal
(A) In general
(i) If the child's parent disagrees with a determination that the child's behavior was not a manifestation of the child's disability or with any decision regarding placement, the parent may request a hearing.
(ii) The State or local educational agency shall arrange for an expedited hearing in any case described in this subsection when requested by a parent.
(B) Review of decision
(i) In reviewing a decision with respect to the manifestation determination, the hearing officer shall determine whether the public agency has demonstrated that the child's behavior was not a manifestation of such child's disability consistent with the requirements of paragraph (4)(C).
(ii) In reviewing a decision under paragraph (1)(A)(ii) to place the child in an interim alternative educational setting, the hearing officer shall apply the standards set out in paragraph (2).
(7) Placement during appeals
(A) In general
When a parent requests a hearing regarding a disciplinary action described in paragraph (1)(A)(ii) or paragraph (2) to challenge the interim alternative educational setting or the manifestation determination, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in paragraph (1)(A)(ii) or paragraph (2), whichever occurs first, unless the parent and the State or local educational agency agree otherwise.
(B) Current placement
If a child is placed in an interim alternative educational setting pursuant to paragraph (1)(A)(ii) or paragraph (2) and school personnel propose to change the child's placement after expiration of the interim alternative placement, during the pendency of any proceeding to challenge the proposed change in placement, the child shall remain in the current placement (the child's placement prior to the interim alternative educational setting), except as provided in subparagraph (C).
(C) Expedited hearing
(i) If school personnel maintain that it is dangerous for the child to be in the current placement (placement prior to removal to the interim alternative education setting) during the pendency of the due process proceedings, the local educational agency may request an expedited hearing.
(ii) In determining whether the child may be placed in the alternative educational setting or in another appropriate placement ordered by the hearing officer, the hearing officer shall apply the standards set out in paragraph (2).
(8) Protections for children not yet eligible for special education and related services
(A) In general
A child who has not been determined to be eligible for special education and related services under this subchapter and who has engaged in behavior that violated any rule or code of conduct of the local educational agency, including any behavior described in paragraph (1), may assert any of the protections provided for in this subchapter if the local educational agency had knowledge (as determined in accordance with this paragraph) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
(B) Basis of knowledge
A local educational agency shall be deemed to have knowledge that a child is a child with a disability if -
(i) the parent of the child has expressed concern in writing (unless the parent is illiterate or has a disability that prevents compliance with the requirements contained in this clause) to personnel of the appropriate educational agency that the child is in need of special education and related services;
(ii) the behavior or performance of the child demonstrates the need for such services;
(iii) the parent of the child has requested an evaluation of the child pursuant to section 1414 of this title; or
(iv) the teacher of the child, or other personnel of the local educational agency, has expressed concern about the behavior or performance of the child to the director of special education of such agency or to other personnel of the agency.
(C) Conditions that apply if no basis of knowledge
(i) In general
If a local educational agency does not have knowledge that a child is a child with a disability (in accordance with subparagraph (B)) prior to taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures as measures applied to children without disabilities who engaged in comparable behaviors consistent with clause (ii).
(ii) Limitations
If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under paragraph (1) or (2), the evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with the provisions of this subchapter, except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities.
(9) Referral to and action by law enforcement and judicial authorities
(A) Nothing in this subchapter shall be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.
(B) An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.
(10) Definitions
For purposes of this subsection, the following definitions apply:
(A) Controlled substance
The term "controlled substance" means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(B) Illegal drug
The term "illegal drug" -
(i) means a controlled substance; but
(ii) does not include such a substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act [21 U.S.C. 801 et seq.] or under any other provision of Federal law.
(C) Substantial evidence
The term "substantial evidence" means beyond a preponderance of the evidence.
(D) Weapon
The term "weapon" has the meaning given the term "dangerous weapon" under paragraph (2) of the first subsection (g) of section 930 of title 18.
(l) Rule of construction
Nothing in this chapter shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], title V of the Rehabilitation Act of 1973 [29 U.S.C. 790 et seq.], or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under such laws seeking relief that is also available under this subchapter, the procedures under subsections (f) and (g) of this section shall be exhausted to the same extent as would be required had the action been brought under this subchapter.
(m) Transfer of parental rights at age of majority
(1) In general
A State that receives amounts from a grant under this subchapter may provide that, when a child with a disability reaches the age of majority under State law (except for a child with a disability who has been determined to be incompetent under State law)-
(A) the public agency shall provide any notice required by this section to both the individual and the parents;
(B) all other rights accorded to parents under this subchapter transfer to the child;
(C) the agency shall notify the individual and the parents of the transfer of rights; and
(D) all rights accorded to parents under this subchapter transfer to children who are incarcerated in an adult or juvenile Federal, State, or local correctional institution.
(2) Special rule
If, under State law, a child with a disability who has reached the age of majority under State law, who has not been determined to be incompetent, but who is determined not to have the ability to provide informed consent with respect to the educational program of the child, the State shall establish procedures for appointing the parent of the child, or if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of eligibility of the child under this subchapter.
(n) Electronic mail A parent of a child with a disability may elect
to receive notices required under this section by an electronic mail
(e-mail) communication, if the agency makes such option
available.
(o) Separate complaint Nothing in this section shall be
construed to preclude a parent from filing a separate due process complaint
on an issue separate from a due process complaint already filed.
In addition to the aforementioned question of whether or not Section 1983 can be utilized as
the basis of a c ause of action demanding redress for violations if the IDEA, the Court has also been asked to determine whether or n0t the the parents of disabled students having the necessary standing to claim and can be awarded damages based on these claims.
I would argue that the decision of whether or not section 1983 will rest largely on the legislative intent because, the case law on the issue is divided. On the issue of damages I would argue that damages should be awarded if the purpose of the award is to provide compensation for the loss of salary accrued as the result of caring for a disabled dependent.
Addendum
The Supreme Court denied certiorari and refused to review of a claim that parents be allowed to sue for damages under the Civil Rights Act of 1867 to enforce their right to a free public education for their disabled child. So the holding of the Ninth Circuit stands.
25 February, 2008
A Study on religion
A new report from the Pew Forum on Religion and Public Life demonstrated that of all of the Christian faiths, the Roman Catholic Church has experienced greatest loss of adherents. I would argue that the losses suffered by the Roman Catholic Church due to affiliation changes are due to the following factors:
1. The position of the church taken on homosexuality, bisexuality, and transgenderism.
2. The positions taken by the Church on the role of homosexuals, bisexuals, and the transgendered in the spiritual and secular life of the community.
3. The position of the church taken on the role of women in the spiritual and secular life of the community.
4. The position of the church taken on the use of contraceptives and abortion.
5. The position of the church taken towards other faiths.
6. The position of the church taken on certain theological points that are secondary to the core beliefs of the church such as the Desponyi, the prepetual virginity of Mary, and the filioque.
20 February, 2008
An Interesting Conundrum: Which Ceiling to Break
The presence of an African American and a woman as equally viable Democratic candidates each of whom represent groups, which, have been shackled and confined to roles as minorities in the political life of the nation since the inception of the Republic raises a conundrum.
The election of either candidate to the Office of the President would in effect overcome a barrier. the conundrum for Democrats iles in the decision as to which barrier should be broken first?
The election of either candidate to the Office of the President would in effect overcome a barrier. the conundrum for Democrats iles in the decision as to which barrier should be broken first?
01 February, 2008
An Illustration of Depravity
The use by al-Qaeda in Iraq of two women with Down's Syndrome demonstrates the heretical nature of the organization because, the possibility exists that they lacked mental capacity necessary to make an informed decision about their fate.
Suicide Bombers throughout history have embarked on their course of action as the result of making a conscious and informed decision about their ultimate fate, however in the case of thse women who have Down's Syndrome it is likely that they did not understand and comprehend what they were being asked to do, and that they only participated out of a desire to please others and that their inherently facile nature allowed for the planners of the attack to manipulate the women.
The use of individuals with disabilities that are accompanied by a mental affect further reinforces the inherent depravity and lack of humanity that characterizes al-Qaeda and its satellites.
Suicide Bombers throughout history have embarked on their course of action as the result of making a conscious and informed decision about their ultimate fate, however in the case of thse women who have Down's Syndrome it is likely that they did not understand and comprehend what they were being asked to do, and that they only participated out of a desire to please others and that their inherently facile nature allowed for the planners of the attack to manipulate the women.
The use of individuals with disabilities that are accompanied by a mental affect further reinforces the inherent depravity and lack of humanity that characterizes al-Qaeda and its satellites.
18 January, 2008
Bobby Fischer
Robert James Fischer, the highly controversial International Grandmaster of Chess who defeated Boris Spassky in 1972 to become World Chess Champion only to default the title three years later, died today at the age of 64.
Fischer although brilliant on the chessboard left much to be desired as a person in this way he was very similar to Grandmaster Alekhine and Joseph Henry Blackburne in the sense that their prejudice and anti Semitism tarnished their accomplisments.
Fischer although brilliant on the chessboard left much to be desired as a person in this way he was very similar to Grandmaster Alekhine and Joseph Henry Blackburne in the sense that their prejudice and anti Semitism tarnished their accomplisments.
17 January, 2008
My Thoughts on Papal Primacy
The Pope's reaffirmation of the primacy of the Roman Catholic Church as the only true church will undermine all future attempts toward reconcillation with the Orthodox churches because the Othrodox hold that the twenty-eighth canon from the Council of Chalcedon which reads as follows:
This canon and the canons of the Council of Trullo were protested by Leo I and his immediate successors although, some documentary evidence exists to indicate that Pope Ardian I ratified them in 787:
The fact that the Papal legates were absent from the vote on the twenty-eighth canon of the Council of Chalcedon and from the Council at Trullo does not necessarily invalidate those canons as Pope Adrian I demonstrated.
I do not argue that the beliefs of the church are outdated. I argue simply that a return to the position taken by Pope Adrian I in 787 on these issues would be more beneficial to the church and would not necessarily alter fundamentally the belief of the church, this possition is illustrated by illustrated by the masses held by Pope Paul VI and Pope John Paul II celebrated with Eastern bishops they omitted the Filioque. Also the Dominus Iesus declaration signed by then Archbishop Bertone who was the Secretary of the Congreggation for the Doctrine of the Faith and then Joseph Cardinal Ratzinger, who was then the Prefect of the Congregation. The Declaration was ratified by Pope John Paul II of 6 August 2000, the document omitted the filioque without comment.
Canon XXVIII.
Following in all things the decisions of the holy Fathers,
and acknowledging the canon, which has been just read, of the One Hundred and
Fifty Bishops beloved-of-God (who assembled in the imperial city of
Constantinople, which is New Rome, in the time of the Emperor Theodosius of
happy memory), we also do enact and decree the same things concerning the
privileges of the most holy Church of Constantinople, which is New Rome.
For the Fathers rightly granted privileges to the throne of old Rome, because it
was the royal city. And the One Hundred and Fifty most religious Bishops,
actuated by the same consideration, gave equal privileges (ἴσα πρεσβεῖα) to the
most holy throne of New Rome, justly judging that the city which is honoured
with the Sovereignty and the Senate, and enjoys equal privileges with the old
imperial Rome, should in ecclesiastical matters also be magnified as she is, and
rank next after her; so that, in the Pontic, the Asian, and the Thracian
dioceses, the metropolitans only and such bishops also of the Dioceses aforesaid
as are among the barbarians, should be ordained by the aforesaid most holy
throne of the most holy Church of Constantinople; every metropolitan of the
aforesaid dioceses, together with the bishops of his province, ordaining his own
provincial bishops, as has been declared by the divine canons; but that, as has
been above said, the metropolitans of the aforesaid Dioceses should be ordained
by the archbishop of Constantinople, after the proper elections have been held
according to custom and have been reported to him.Notes.
Ancient Epitome
of Canon XXVIII.
The bishop of New Rome shall enjoy the same honour as the
bishop of Old Rome, on account of the removal of the Empire. For this
reason the [metropolitans] of Pontus, of Asia, and of Thrace, as well as the
Barbarian bishops shall be ordained by the bishop of Constantinople. http://www.ccel.org/ccel/schaff/npnf214.xi.xviii.xxviii.html
This canon and the canons of the Council of Trullo were protested by Leo I and his immediate successors although, some documentary evidence exists to indicate that Pope Ardian I ratified them in 787:
Nearly a century later Pope Hadrian I. distinctly recognizes all the
Trullan decrees in his letter to Tenasius of Constantinople and attributes them
to the Sixth Synod. “All the holy six synods I receive with all their
canons, which rightly and divinely were promulgated by them, among which is
contained that in which reference is made to a Lamb being pointed to by the
Precursor as being found in certain of the venerable images.” Here the
reference is unmistakably to the Trullan Canon LXXXII.
Hefele’s summing up of
the whole matter is as follows:
(Hefele, Hist. of the Councils, Vol. V., p. 242.)
That the Seventh Ecumenical Council at Nice ascribed the Trullan canons
to the Sixth Ecumenical Council, and spoke of them entirely in the Greek spirit,
cannot astonish us, as it was attended almost solely by Greeks. They
specially pronounced the recognition of the canons in question in their own
first canon; but their own canons have never received the ratification of the
Holy See. 358Thus far Hefele, but it seems that Gratian’s statement on the
subject in the Decretum should not be omitted here. (Pars I. Dist. XVI., c. v.)
“Canon V. The Sixth Synod is confirmed by the authority of
Hadrian.
“I receive the Sixth Synod with all its canons. http://www.ccel.org/ccel/schaff/npnf214.xiv.ii.html
The fact that the Papal legates were absent from the vote on the twenty-eighth canon of the Council of Chalcedon and from the Council at Trullo does not necessarily invalidate those canons as Pope Adrian I demonstrated.
I do not argue that the beliefs of the church are outdated. I argue simply that a return to the position taken by Pope Adrian I in 787 on these issues would be more beneficial to the church and would not necessarily alter fundamentally the belief of the church, this possition is illustrated by illustrated by the masses held by Pope Paul VI and Pope John Paul II celebrated with Eastern bishops they omitted the Filioque. Also the Dominus Iesus declaration signed by then Archbishop Bertone who was the Secretary of the Congreggation for the Doctrine of the Faith and then Joseph Cardinal Ratzinger, who was then the Prefect of the Congregation. The Declaration was ratified by Pope John Paul II of 6 August 2000, the document omitted the filioque without comment.
07 January, 2008
Musing on the International Criminal Court
The development of an International Criminal Court are rooted in the Charter of the International Military Tribunal dated 8 August 1945 and Protocol Rectifying Discrepancy in the Charter dated 6 October 1945, Article six of the Charter broadly defined three classes of offenses prosecutable under internation law.
The text of article six provided the basis the Convention on the Prevention and Punishment of Genocide adopted in 1948 and the Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal adopted two years later in 1950 reaffirmed the existence of classes of offenses that are anathemas to civilized societies founded on the rule of law
Principles III and IV of the Principles ofInternational Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, 1950 reaffirmed the doctrine of CommandResponsibility and the concept of agency flowing therefrom as outlined inArticles Seven and Eight of the Charter of the International Military Tribunal which read as follows:
The related doctrines of command responsibility and agency as outlined in the documents of the Tribunal are closely linked to the doctrine of Respondeat superior found in the common law.
I find it ironic, paradoxical and hypocritical that United States, the nation that advocated pushed hardest for command responsibility provisions in the Charters of the International Military Tribunal; the International Military Tribunal for the Far East; and the International Criminal Tribunal for the former Yugoslavia, refused to ratify the Charter for the international Criminal Court because, of fears that the Command Responsibility and Agency provisions could be utilized to prosecute Americans.
It seems to me that we Americans have forgotten these words:
We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness
The American goverment seems to believe that their position endows them with the ability to act in a manner that to my mind is contrary to the Declaration of Independence of the United States, The Constitution of the United States and the obligations of the United States as member of the international community.
In my mind the ratification of the Statute of the International Criminal Court would serve as benefit to United States because the Statute provides a degree of protection not currently accessible to the American expatriates living abroad.
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:
(a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the
accomplishment of any of the foregoing;
(b) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;
(c)CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
Leaders, organizers, instigators and accomplices participating in
the formulation or execution of a common plan or conspiracy to commit any of
the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.
The text of article six provided the basis the Convention on the Prevention and Punishment of Genocide adopted in 1948 and the Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal adopted two years later in 1950 reaffirmed the existence of classes of offenses that are anathemas to civilized societies founded on the rule of law
Principle VI
The crimes hereinafter set out are punishable as crimes under international law:
(a) Crimes against peace:
(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any
of the acts mentioned under (i).
(b) War crimes: Violations of the laws or customs of war
include, but are not limited to, murder, ill-treatment or deportation to slave-labour or for any other purpose of civilian population of or in occupied territory, murder or
ill-treatment of prisoners of war, of persons on the seas, killing of hostages,
plunder of public or private property, wanton destruction of cities, towns, or
villages, or devastation not justified by military necessity.
(c) Crimes against humanity: Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on
political, racial or religious grounds, when such acts are done or such
persecutions are carried on in execution of or in connexion with any
crime against peace or any war crime.Principle VII
Complicity in the commission of a crime against peace, a war crime, or a
crime against humanity as set forth in Principle VI is a crime under
international law.
Principles III and IV of the Principles ofInternational Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, 1950 reaffirmed the doctrine of CommandResponsibility and the concept of agency flowing therefrom as outlined inArticles Seven and Eight of the Charter of the International Military Tribunal which read as follows:
The official position of derfendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment.
Article 8.The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.
The related doctrines of command responsibility and agency as outlined in the documents of the Tribunal are closely linked to the doctrine of Respondeat superior found in the common law.
I find it ironic, paradoxical and hypocritical that United States, the nation that advocated pushed hardest for command responsibility provisions in the Charters of the International Military Tribunal; the International Military Tribunal for the Far East; and the International Criminal Tribunal for the former Yugoslavia, refused to ratify the Charter for the international Criminal Court because, of fears that the Command Responsibility and Agency provisions could be utilized to prosecute Americans.
It seems to me that we Americans have forgotten these words:
We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness
The American goverment seems to believe that their position endows them with the ability to act in a manner that to my mind is contrary to the Declaration of Independence of the United States, The Constitution of the United States and the obligations of the United States as member of the international community.
In my mind the ratification of the Statute of the International Criminal Court would serve as benefit to United States because the Statute provides a degree of protection not currently accessible to the American expatriates living abroad.
05 January, 2008
Musings on the United States
The United States of America stands now at a fork in the road of international diplomacy. There are two paths that stretch out before the United States and its people. One, is the path that leads ultimately to the United States remaining a relevant force on the international stage and retaining its leadership role within the community of nations. The second path leads down the road that will lead in the final analysis to irrelevance and result in the United States becoming a lesser power that longs for the glory, power, prestige, and honor of days forgotten in the mists of time.
Individuals may ask themselves what can be done to prevent the United States from sinking into total irrelevance. The answer my friends is very simple the United States must take the lead on issues where they have long been seen as neutral or acting contrary to the will of the international community.
There are at least four examples of actions that the United States Congress can readily and easily take without violating the Constitution and the laws of the United States of America
1. Ratify the Convention on the Rights and Dignity of Persons with Disabilities of 2006, and its Protocol A/RES/61/106 because, nothing within the text of the Convention in violates the Constitution or the laws of the United States. I would argue that words of the Declaration of Independence and those word inscribed on the Statute of Liberty demand that we the United States take a proactive stand to defend the rights of those who cannot defend themselves.
2. Ratify the 1971 Declaration on the Rights of Mentally Retarded Persons, G.A. res. 2856 (XXVI), 26 U.N. GAOR Supp. (No. 29) at 93, U.N. Doc. A/8429 (1971), and the Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care, G.A. res. 46/119, 46 U.N. GAOR Supp. (No. 49) at 189, U.N. Doc. A/46/49 (1991) because, the protection of all individuals is enshrined within the Declaration of Independence
3. Ratify the Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981, and its Optional Protocol Optional Protocol to the Convention on the Elimination of Discrimination against Women, G.A. res. 54/4, annex, 54 U.N. GAOR Supp. (No. 49) at 5, U.N. Doc. A/54/49 (Vol. I) (2000), entered into force Dec. 22, 2000 and the
Declaration on the Elimination of Violence against Women G.A. res. 48/104, 48 U.N. GAOR Supp. (No. 49) at 217, U.N. Doc. A/48/49 (1993). because, the principles contained therein are in accord with the First, Fourteenth, and Nineteenth Amendments to the Constitution of the United States.
4. Ratify the Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990 because the Declaration of Independence is the heart of the Republic and it proclaims the right of all mankind to life liberty and the pursuit of happines and to rob children of the ability to pursue these goals in in my mind akin to crime against humanityand conscience.
Individuals may ask themselves what can be done to prevent the United States from sinking into total irrelevance. The answer my friends is very simple the United States must take the lead on issues where they have long been seen as neutral or acting contrary to the will of the international community.
There are at least four examples of actions that the United States Congress can readily and easily take without violating the Constitution and the laws of the United States of America
1. Ratify the Convention on the Rights and Dignity of Persons with Disabilities of 2006, and its Protocol A/RES/61/106 because, nothing within the text of the Convention in violates the Constitution or the laws of the United States. I would argue that words of the Declaration of Independence and those word inscribed on the Statute of Liberty demand that we the United States take a proactive stand to defend the rights of those who cannot defend themselves.
2. Ratify the 1971 Declaration on the Rights of Mentally Retarded Persons, G.A. res. 2856 (XXVI), 26 U.N. GAOR Supp. (No. 29) at 93, U.N. Doc. A/8429 (1971), and the Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care, G.A. res. 46/119, 46 U.N. GAOR Supp. (No. 49) at 189, U.N. Doc. A/46/49 (1991) because, the protection of all individuals is enshrined within the Declaration of Independence
3. Ratify the Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981, and its Optional Protocol Optional Protocol to the Convention on the Elimination of Discrimination against Women, G.A. res. 54/4, annex, 54 U.N. GAOR Supp. (No. 49) at 5, U.N. Doc. A/54/49 (Vol. I) (2000), entered into force Dec. 22, 2000 and the
Declaration on the Elimination of Violence against Women G.A. res. 48/104, 48 U.N. GAOR Supp. (No. 49) at 217, U.N. Doc. A/48/49 (1993). because, the principles contained therein are in accord with the First, Fourteenth, and Nineteenth Amendments to the Constitution of the United States.
4. Ratify the Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990 because the Declaration of Independence is the heart of the Republic and it proclaims the right of all mankind to life liberty and the pursuit of happines and to rob children of the ability to pursue these goals in in my mind akin to crime against humanityand conscience.
16 November, 2007
The Passing of Carrie Rozelle: The End of an Era
The disabled community within the United States received some sad news earlier in the week, the New York Times reported the death of Carrie Rozelle. Her death marks the passing of one most powerful voices for the disabled in the United States. Though I never met Mrs. Rozelle, her influence could be felt and seen from New York to Texas to Alaska and even into the corridors of power in Washington D.C.
In June of 2000 I participated in the 2000 National Leadership Conference for Youth with Disabilities, at the conference much of the discussion surrounding the plight of those individuals with learning disabilities revolved around the programs Mrs. Rozelle founded and the ease with which they could be adapted and implemented in other regions of the United States.
Mrs. Rozelle's death marks the end of an era and the start of another. We the disabled community have a duty and a responsibility to ensure the legacy of Mrs. Rozelle remains ever vibrant and undiminished.
In June of 2000 I participated in the 2000 National Leadership Conference for Youth with Disabilities, at the conference much of the discussion surrounding the plight of those individuals with learning disabilities revolved around the programs Mrs. Rozelle founded and the ease with which they could be adapted and implemented in other regions of the United States.
Mrs. Rozelle's death marks the end of an era and the start of another. We the disabled community have a duty and a responsibility to ensure the legacy of Mrs. Rozelle remains ever vibrant and undiminished.
10 November, 2007
Engagement: An Official Announcement
My girlfriend J, and I are now officially engaged. As many of my readers know I proposed in February but, at that time I did not possess sufficient funds to purchase an engagement ring. Due to some good fortune on the stock market my investments provided returns large enough to allow for the purchase of a ring while, maintaining the integrity of my savings account.
So, I purchased the ring and presented it to her last night at a romantic dinner.
For those of you who are wondering the wedding will occur at the earliest in December 2008.
So, I purchased the ring and presented it to her last night at a romantic dinner.
For those of you who are wondering the wedding will occur at the earliest in December 2008.
07 October, 2007
The Supreme Court and Chess: A Question
Several years ago the Oyez Project in conjunction with Justia developed a game called Oyez Baseball it is an expanded and updated version of a game devised in 1979 by Profesor Robert M. Cover called "The Law-Baseball Quiz" which debuted in April of 1979.
Both versions of the game compared baseball players Justices of the Supreme Court of the United States of America in an efort to enhance knowledge of the personalities that make up the high court,
The nature of the game makes me wonder whether it is possible to develop a game that involves chess players on the master and grandmaster levels with the jurists that have been members of the high court?
Both versions of the game compared baseball players Justices of the Supreme Court of the United States of America in an efort to enhance knowledge of the personalities that make up the high court,
The nature of the game makes me wonder whether it is possible to develop a game that involves chess players on the master and grandmaster levels with the jurists that have been members of the high court?
04 October, 2007
Chess and Politics Part II: Civility in politics
I fear the Congress and the President as institutions have in large measure forgotten the importance of decorum, respect, fair play civility and honor. I find the increasing trend towards winning every vote using whatever tactics and stratagems necessary to achieve the win regardless of however questionable to be quite disturbing.
For twenty-seven years I have been following politics during those years I noticed that the only time the Congress and the President refrained from promoting their own self interests and subverted the concerns of their states placing national concerns before them for any length of time occurred during the periodic governmental shutdowns that characterized the 1980's and the early 1990's, during times of national tragedy or crisis. At all other times it seems as though the mantra of Government has become anything goes.
The attitudes exhibited by the Congress and the Office of the President reminded me of an epigram given by Dr. Emanuel Lasker, the World Chess Champion from 1894 to 1920, Dr.
Lasker once remarked:
It could be argued that politics like chess is a fight in the sense that both are contests in which opponents seek to obtain an advantage over each others often relying on combinations and other techniques to achieve their ends. Further there are numerous examples in both politics and chess illustrate the tendencies of master class politicians and chess players to promote their own self interests at the expense of the public at large. Having said that I should note that their have been individuals such as Jeanette Rankin and Edmund Ross who valued honor, decorum, civility, respect and principle. In this way they were akin to Carl Schelecter and Geza Maróczy chess players who valued fair play and honor over a win under questionable circumstances. The powers that be would do well to take to heart the lessons of these individuals who valued fair play and honor over a win under questionable circumstances.
For twenty-seven years I have been following politics during those years I noticed that the only time the Congress and the President refrained from promoting their own self interests and subverted the concerns of their states placing national concerns before them for any length of time occurred during the periodic governmental shutdowns that characterized the 1980's and the early 1990's, during times of national tragedy or crisis. At all other times it seems as though the mantra of Government has become anything goes.
The attitudes exhibited by the Congress and the Office of the President reminded me of an epigram given by Dr. Emanuel Lasker, the World Chess Champion from 1894 to 1920, Dr.
Lasker once remarked:
Chess is above all a fight.
It could be argued that politics like chess is a fight in the sense that both are contests in which opponents seek to obtain an advantage over each others often relying on combinations and other techniques to achieve their ends. Further there are numerous examples in both politics and chess illustrate the tendencies of master class politicians and chess players to promote their own self interests at the expense of the public at large. Having said that I should note that their have been individuals such as Jeanette Rankin and Edmund Ross who valued honor, decorum, civility, respect and principle. In this way they were akin to Carl Schelecter and Geza Maróczy chess players who valued fair play and honor over a win under questionable circumstances. The powers that be would do well to take to heart the lessons of these individuals who valued fair play and honor over a win under questionable circumstances.
25 September, 2007
Education and Culture
The trend of increasing globalization mandates an educational experience that is culturally diverse in nature to enable the teachers and students from the majority to develop an understanding of the natal culture of minority students and successfully bridge the divide between the two cultures. The wisest and most learned of teachers recognize the need for multicultural education because as Mohandas K. Ghandi observed:
Before an education can begin an individual must possess a rudimentary degree of understanding and self awareness of their own cultural perspective and philosophy.
Education at its most fundamental level is the expansion of the minds of students through the infusion of new thoughts, ideas, concepts and processes as Oliver Wendell Holmes pointed out:
The stretching of the mind to encompass the acquisition of new cultural experiences occurs most readily through use of direct experiences that possess a sense and feeling of meaning for the individuals, are those involving interactions between an individual and other individuals from diverse backgrounds including ethnic and linguistic minorities as well as interactions with individuals possessing learning and physical disabilities. These interactions permit the development a greater degree of cultural sensitivity and foster the growth of the spirit, which is in and of itself is a hallmark of culture according to Jawaharlal Nehru:
Educators who seek to widen their own horizons or those of their students must do so with the greatest care being taken because as with all things an education begun prematurely can be quite dangerous because, the mind may not be able to cope with the knowledge that accompanies new ideals, concepts, and processes as Oliver Wendell Holmes illustrated:
The use of unseasoned knowledge that results from an education which is begun too early to be accompanied by understanding often leads to the loss of both cultural identity of awareness of the majority, and the denigration of the culture of the minority culture. If the proper care is not devoted to education the end result is an education that is contrary to the aims of multicultural education as Edward T. Hall asserted:
No culture can live if it attempts to be exclusive.
Before an education can begin an individual must possess a rudimentary degree of understanding and self awareness of their own cultural perspective and philosophy.
Education at its most fundamental level is the expansion of the minds of students through the infusion of new thoughts, ideas, concepts and processes as Oliver Wendell Holmes pointed out:
One's mind, once stretched by a new idea, never regains its original dimensions.
The stretching of the mind to encompass the acquisition of new cultural experiences occurs most readily through use of direct experiences that possess a sense and feeling of meaning for the individuals, are those involving interactions between an individual and other individuals from diverse backgrounds including ethnic and linguistic minorities as well as interactions with individuals possessing learning and physical disabilities. These interactions permit the development a greater degree of cultural sensitivity and foster the growth of the spirit, which is in and of itself is a hallmark of culture according to Jawaharlal Nehru:
Culture is the widening of the mind and of the spirit.
Educators who seek to widen their own horizons or those of their students must do so with the greatest care being taken because as with all things an education begun prematurely can be quite dangerous because, the mind may not be able to cope with the knowledge that accompanies new ideals, concepts, and processes as Oliver Wendell Holmes illustrated:
Knowledge and timber shouldn't be much used till they are seasoned.
The use of unseasoned knowledge that results from an education which is begun too early to be accompanied by understanding often leads to the loss of both cultural identity of awareness of the majority, and the denigration of the culture of the minority culture. If the proper care is not devoted to education the end result is an education that is contrary to the aims of multicultural education as Edward T. Hall asserted:
We should never denigrate any other culture but rather help people to understand
the relationship between their own culture and the dominant culture. When you
understand another culture or language, it does not mean that you have to lose
your own culture.
24 September, 2007
The Usefulness of Learning Style Inventories
Using learning styles inventories to determine the learning styles of individuals is to a certain extent subjective in nature because, the responses to the questions are largely qualitative in nature. The use of qualitative questions and responses raises the following question in my mind: Can the use of qualitative questions and responses accurately develop a quantitative picture of an individual and their learning habits? I would argue that the picture of an individual developed through the use of such tests remains to a degree subjective in nature because, such tests are by their nature are reliant on the opinions of the test taker. In order to be the most effective the test administrator must bear in mind the inherent subjectivity of the tests and must not rely completely on the results of such tests, in order to maximize the usefulness of the information gathered from the results should be weighed and balanced against the observations of the teacher.
My Thoughts on Cognitive Development
Jean Piaget’s work related to cognitive development theory fully realized the general stages of cognitive development postulated by James Mark Baldwin. While, the divisions proposed by Piaget are generally sound. I find that the theory as advanced by the Piaget and pure Piagetians too simplistic because, the theory as advanced by them is illustrate is indicative of a smooth and fluid developmental pathway . Cognitive behavioral development is in truth a difficult, arduous, and lengthy process the pure Piagetians when developing the theory never anticipated or provided for the phenomenon of decalage which are unpredicted gaps in the developmental process and never provided any means or method of explaining the gaps.
Additionally, the theory as constructed initially by Piaget and his early disciples consisted of the four stages: Sensorimotor (years 0–2); Preoperational (years 2–7); Concrete operational (years 7–11); Formal operational (years 11–adulthood); with each stage possessing many half-stages. Piaget and the pure Piagetians used a broad and general set of domains when constructing the theory that did not take into account the possible existence of developmental stages beyond formal operational stage or of a stage that precedes the onset of the preoperational stage, subsequent research has demonstrated two things: One, that the majority of these half-stages are in fact full developmental stages. Two, research has provided sufficient evidence to support the existence of stages beyond the formal operational stage and prior to the beginning of the preoperational phase.
Lev Semenovich Vygotsky argued that the person possesses a zone of proximal development; Vygotsky defined the zone of proximal development as the gap between student’s actual developmental level as determined through the ability of the student to engage in problem solving and the potential developmental level when influenced by their interaction with peers and adults.
The primary difference between Piaget and Vygotsky laid within their differing views and attitudes towards the exact nature and role of culture especially the idea of cultural mediation through the use of artifacts and symbols in the developmental process.
Having said that it cannot be denied that zone of proximal development exists, the main question that must be considered remains the degree to which cultural mediation affects and influences cognitive development.
I do not ascribe fully to either theorem, in my mind in order to be truly effective the Piagetian cognitive development theorem must be considered bearing the emendations of the Neo and Post Piagetians to the original theory in mind without these revisions the theory becomes useless. The most effective system in my mind would be one that uses Erikson’s model of psychosocial development, while taking into account Neo and Post Piagetian cognitive development theory, Vygotsky’s definition of the zone of proximal development, and Abraham Maslow’s hierarchy of needs.
Additionally, the theory as constructed initially by Piaget and his early disciples consisted of the four stages: Sensorimotor (years 0–2); Preoperational (years 2–7); Concrete operational (years 7–11); Formal operational (years 11–adulthood); with each stage possessing many half-stages. Piaget and the pure Piagetians used a broad and general set of domains when constructing the theory that did not take into account the possible existence of developmental stages beyond formal operational stage or of a stage that precedes the onset of the preoperational stage, subsequent research has demonstrated two things: One, that the majority of these half-stages are in fact full developmental stages. Two, research has provided sufficient evidence to support the existence of stages beyond the formal operational stage and prior to the beginning of the preoperational phase.
Lev Semenovich Vygotsky argued that the person possesses a zone of proximal development; Vygotsky defined the zone of proximal development as the gap between student’s actual developmental level as determined through the ability of the student to engage in problem solving and the potential developmental level when influenced by their interaction with peers and adults.
. . . The distance between the actual developmental level as determined by
independent problem solving and the level of potential development as determined
through problem solving under adult guidance, or in collaboration with more
capable peers (Vygotsky, 1978, p. 86)
The primary difference between Piaget and Vygotsky laid within their differing views and attitudes towards the exact nature and role of culture especially the idea of cultural mediation through the use of artifacts and symbols in the developmental process.
Having said that it cannot be denied that zone of proximal development exists, the main question that must be considered remains the degree to which cultural mediation affects and influences cognitive development.
I do not ascribe fully to either theorem, in my mind in order to be truly effective the Piagetian cognitive development theorem must be considered bearing the emendations of the Neo and Post Piagetians to the original theory in mind without these revisions the theory becomes useless. The most effective system in my mind would be one that uses Erikson’s model of psychosocial development, while taking into account Neo and Post Piagetian cognitive development theory, Vygotsky’s definition of the zone of proximal development, and Abraham Maslow’s hierarchy of needs.
Locard's Principle: A Political Application
A recent discussion about Senatorial politics raised the following two questions in my mind:
1. Can the principle of transference that is the foundation of Locard's Exchange Theory be applied metaphysically to politicians as a result of their interactions and exchanges?
2 If so could it be argued in a metaphysical sense that the moderates, centrists and independents could be construed as metaphysical examplars of the validity of transference on the basis of their position on the political spectrum?
1. Can the principle of transference that is the foundation of Locard's Exchange Theory be applied metaphysically to politicians as a result of their interactions and exchanges?
2 If so could it be argued in a metaphysical sense that the moderates, centrists and independents could be construed as metaphysical examplars of the validity of transference on the basis of their position on the political spectrum?
16 September, 2007
Chess and Politics
Many amateur chess players, myself included tend to over utilize the queen.
As I have grown older and matured I have come to realize that over use of the queen in chess game has the following consequences:
First, most novice players tend operate under the fallacy that queen is omnipotent and capable of winning the game without assistance, this error often leads to disaster.
As I have grown older and matured I have come to realize that over use of the queen in chess game has the following consequences:
First, most novice players tend operate under the fallacy that queen is omnipotent and capable of winning the game without assistance, this error often leads to disaster.
Second, the use of queen alone and unassisted over extends her, draining her power and lessening her effectiveness.
Third, the dimuntion of the power of the queen in conjunction with the dimminishment of her influence and control over the board often results in a zugszwang situation that results in the loss of the queen and other less powerful pieces ultimately hastening checkmate.
The same holds true in politics many would do well to remember Theodore Roosevelt's maxim of speak softly and carry big stick. I believe it significant that Teddy Roodevelt placed speaking before using the stick, a metaphor for the war making powers.
In doing so Roosevelt reaffirmed the belief of the Founders that the war powers, should only be invoked andexercised as a last resort when persuasion, negotiation, and all other avenues have failed to achieve the foreign policy goals of the United States, and only then after due deliberation with great care, caution, and due diligence being given to the objectives and outcomes.
14 July, 2007
A reflection on the Passing of Claudia Alta Johnson
The passing of Lady Bird Johnson earlier in the week marks the passing of an icon.
Her death means that last of the true anti segregationist liberal Democrats from Texas aligned with Sam Rayburn, Alan Shivers, and Henry B. Gonzales has passed away and that the Texas has experienced the end of an era.
She was untill the end of her life a patriot and a great lady with the power to curb her volatile and fire-eating husband.
There is not Texan be they Democrat, Republican, or Independent who would speak ill of Mrs. Johnson she earned and commanded the respect of all.
Her death means that last of the true anti segregationist liberal Democrats from Texas aligned with Sam Rayburn, Alan Shivers, and Henry B. Gonzales has passed away and that the Texas has experienced the end of an era.
She was untill the end of her life a patriot and a great lady with the power to curb her volatile and fire-eating husband.
There is not Texan be they Democrat, Republican, or Independent who would speak ill of Mrs. Johnson she earned and commanded the respect of all.
23 May, 2007
Freedom of Press and Speech: Some Random Thoughts
Many years ago made by a Judge Billings Learned Hand in a speech called The Preservation of Personality in 1927.
The issues raised by the debate over whether the Harry Potter series should be banned from public schools I find intriguing. Both the pro and anti Harry Potter groups involved in cureent legal challenges have expressed a wide array of viewpoints that represent the opposing ends of the sociopolitical spectrum and the many shades of gray in between resulting in many intensely heated exchanges and debates concerning freedoms of press and speech as guaranteed by the First Amendment. Despite their differences, there exists at least one point upon which both parties would agree as a matter of principle.
I believe that both sides would agree that each is party is entitled to possess their own opinion
Any attempt to mandate or make compulsory a single opinion must be regarded as an anathema. Every conservative, liberal, moderate or independent regardless of social, economic or political leanings would concur with Voltaire's long held maxim:
However, the clamor that Harry Potter series has caused amongst the religious conservatives especially in the Deep South for example in Gwinnett County Georgia endangers the ability of
the Republic to endure because, the tensions over this issue have polarized the populace and resulted in cause being brought before a court of law.
The fact that a dispute over a series of books that began its life as an issue at school board meeting has evolved into a court case and made its way into a legal setting is deeply disturbing to me.
It seems to me the continued endurance and health of the Republic requires that individuals take great care and remain wary of utilizing the legal system to impose through force of law an individual viewpoint as Robert Jackson eloquently pointed out in 1943:
Our dangers, as it seems to me, are not from the outrageous but from the
conforming; not from those who rarely and under the lurid glare of obloquy upset
our moral complaisance, or shock us with unaccustomed conduct, but from those,
the mass of us, who take their virtues and their tastes, like their shirts and
their furniture, from the limited patterns which the market offers.
The issues raised by the debate over whether the Harry Potter series should be banned from public schools I find intriguing. Both the pro and anti Harry Potter groups involved in cureent legal challenges have expressed a wide array of viewpoints that represent the opposing ends of the sociopolitical spectrum and the many shades of gray in between resulting in many intensely heated exchanges and debates concerning freedoms of press and speech as guaranteed by the First Amendment. Despite their differences, there exists at least one point upon which both parties would agree as a matter of principle.
I believe that both sides would agree that each is party is entitled to possess their own opinion
Any attempt to mandate or make compulsory a single opinion must be regarded as an anathema. Every conservative, liberal, moderate or independent regardless of social, economic or political leanings would concur with Voltaire's long held maxim:
I do not agree with what you have to say, but I will defend to the death
your right to say it.
However, the clamor that Harry Potter series has caused amongst the religious conservatives especially in the Deep South for example in Gwinnett County Georgia endangers the ability of
the Republic to endure because, the tensions over this issue have polarized the populace and resulted in cause being brought before a court of law.
The fact that a dispute over a series of books that began its life as an issue at school board meeting has evolved into a court case and made its way into a legal setting is deeply disturbing to me.
It seems to me the continued endurance and health of the Republic requires that individuals take great care and remain wary of utilizing the legal system to impose through force of law an individual viewpoint as Robert Jackson eloquently pointed out in 1943:
Those who begin coercive elimination of dissent soon find themselves
exterminating dissenters. Compulsory unification of opinion achieves only the
unanimity of the graveyard. Barnette v. West Virginia (1943)
29 March, 2007
Texts that should be required reading
The Federalist Papers
Joseph Story's
Oliver Wendell Holmes Jr.
Joseph Story's
- Commentaries on the Constitution
- The Writings of John Marshall, late Chief Justice of the United States, upon the Federal Constitution, Boston, 1839.
- Democracy in America
Oliver Wendell Holmes Jr.
- The Common Law
- The Path of the Law
20 February, 2007
What is Truth?
Merriam Webster's Online Dictionary defines truth in the following manner:
My problem with the definitons set forth by Merriam-Webster and other dictionaries is that the definitions are only partially correct.
I argue that the definitons of truth and falsehood contained in the dictionary capture in part actual definitions of such concepts because, while the definitions can illustrate the various aspects of truth or falsehood that are objective only.
The definitons of these terms cannot illuminate the subjective portions of the concepts of truth or falsity. Inherent within these terms there exists a degree of subjectivity, in the sense that the preception of what truth and faslehood acutally are, is dependent upon the point of view of an individual whose perceptions of truth and falsity will be affected by the cultural lens of an individual.
Only one thing I am certain of, and that is the fact that whats truth is for one indivdual may not be so for another.
Main Entry: truth Pronunciation: 'trüthFunction: nounInflected Form(s): plural truths /'trü[th]z, 'trüths/Etymology: Middle English trewthe, from Old English trEowth fidelity; akin to Old English trEowe faithful -- more at TRUE1 a archaic : FIDELITY, CONSTANCY b : sincerity in action, character, and utterance 2 a (1) : the state of being the case : FACT (2) : the body of real things, events, and facts : ACTUALITY (3) often capitalized : a transcendent fundamental or spiritual reality b : a judgment, proposition, or idea that is true or accepted as truethermodynamics> c : the body of true statements and propositions 3 a : the
property (as of a statement) of being in accord with fact or reality b chiefly
British : TRUE 2 c : fidelity to an original or to a standard4 capitalized, Christian Science : GOD - in truth : in accordance with fact : ACTUALLY http://www.m-w.com/cgi-bin/dictionary
My problem with the definitons set forth by Merriam-Webster and other dictionaries is that the definitions are only partially correct.
I argue that the definitons of truth and falsehood contained in the dictionary capture in part actual definitions of such concepts because, while the definitions can illustrate the various aspects of truth or falsehood that are objective only.
The definitons of these terms cannot illuminate the subjective portions of the concepts of truth or falsity. Inherent within these terms there exists a degree of subjectivity, in the sense that the preception of what truth and faslehood acutally are, is dependent upon the point of view of an individual whose perceptions of truth and falsity will be affected by the cultural lens of an individual.
Only one thing I am certain of, and that is the fact that whats truth is for one indivdual may not be so for another.
29 January, 2007
Locard's Exchange Theory
Professor Edmond Locard wrote the following in the early years of the twentieth century:
Locard was primarily focused on trace evidence of a physical nature, yet, I would argue that the perpetrator or perpetrators of a crime or series of crimes leave their victim or victims with trace evidence that is not visible to the eye. I would argue that these latent traces are left on the minds, hearts and very souls of victims.
I would also argue that the converse is also true in that I would that victims of crimes leave invisible marks on the perpetrators of crimes that when discovered confirm the guilt of the criminal.
Wherever he steps, whatever he touches, whatever he leaves, even
unconsciously, will serve as a silent witness against him. Not only his
fingerprints or his footprints, but his hair, the fibers from his clothes, the
glass he breaks, the tool mark he leaves, the paint he scratches, the blood or
semen he deposits or collects. All of these and more, bear mute witness against
him. This is evidence that does not forget. It is not confused by the excitement
of the moment. It is not absent because human witnesses are. It is factual
evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot
be wholly absent. Only human failure to find it, study and understand it, can
diminish its value. - Professor Edmond Locard http://en.wikipedia.org/wiki/Locard%27s_principle
Locard was primarily focused on trace evidence of a physical nature, yet, I would argue that the perpetrator or perpetrators of a crime or series of crimes leave their victim or victims with trace evidence that is not visible to the eye. I would argue that these latent traces are left on the minds, hearts and very souls of victims.
I would also argue that the converse is also true in that I would that victims of crimes leave invisible marks on the perpetrators of crimes that when discovered confirm the guilt of the criminal.
26 January, 2007
A Foil to Tehran's Nuclear Plans
I tend to think that both the Jordanians and Israelis are exceptionally concerned by Iranian nuclear ambitions.
Before Iran is allowed to dominate the region the Israelis and Jordanians will work in concert to neutralize the threat posed by the Iranians.
There exists precedent for such cooperative action.
On 21 March 1968 the IDF with the express permission of King Hussein of Jordan launched operations against the PLO based at Al-Karameh.
Two years later in September of 1970 with the aid of the Jordanian Army, IDF, the Israeli Air Force and the United States Navy succeeded forcing the Syrian and Iraqi Army armored brigades that sought to reinforce the PLO forces waging war against the Jordanian government at the time to withdraw forcing the PLO to retreat into Lebanon.
It seems likely that Iranian intransigence over its nuclear program could foster the same sort of cooperation that I outlined above. I would also assert that it is likely that if a moderate Sunni nation such as Jordan developed a nuclear program especially with Israeli and American aid it could serve as a powerful deterent to Iran and the Wahabi of Saudi Arabia.
Further the United States government has given its blessing to the proposed Jordanian program according to the Jordan Times
The presence of facilities at Inshas, and Al-Dabah, and Dimona in Israel, as well as the proposed facility in Jordan should be sufficient to deter Iran or Syria from taking or making any provocative actions that could result in a detirioration of the situation in the Middle East.
Before Iran is allowed to dominate the region the Israelis and Jordanians will work in concert to neutralize the threat posed by the Iranians.
There exists precedent for such cooperative action.
On 21 March 1968 the IDF with the express permission of King Hussein of Jordan launched operations against the PLO based at Al-Karameh.
Two years later in September of 1970 with the aid of the Jordanian Army, IDF, the Israeli Air Force and the United States Navy succeeded forcing the Syrian and Iraqi Army armored brigades that sought to reinforce the PLO forces waging war against the Jordanian government at the time to withdraw forcing the PLO to retreat into Lebanon.
It seems likely that Iranian intransigence over its nuclear program could foster the same sort of cooperation that I outlined above. I would also assert that it is likely that if a moderate Sunni nation such as Jordan developed a nuclear program especially with Israeli and American aid it could serve as a powerful deterent to Iran and the Wahabi of Saudi Arabia.
Further the United States government has given its blessing to the proposed Jordanian program according to the Jordan Times
AMMAN (JT) — The US State Department indicated that it had no
objection to a plan by Jordan to develop a nuclear programme for peaceful
purposes, the Associated Press reported.
Deputy spokesman Tom Casey, without
mentioning Jordan by name, said every country that adheres strictly to the
nuclear Non-Proliferation Treaty (NPT) "has the right to develop civilian
nuclear power for the benefit of their people”. Casey commented Friday in
response to an announcement by King Abdullah Jordan was “actually looking at
nuclear power for peaceful and energy purposes”. “We've been discussing it with
the West. I personally believe that any country that has a nuclear programme
should conform to international regulations and should have international
regulatory bodies that check to make sure that any nuclear programme moves in
the right direction,” the King told Akiva Eldar of Israel’s Haaretz newspaper on
Friday.
“…The rules have changed on the nuclear subject throughout the whole
region. Everybody's going for nuclear programmes. The Egyptians are looking for
a nuclear programme. The GCC [Gulf Cooperation Council of Saudi Arabia, Kuwait,
UAE, Qatar, Bahrain and Oman] are looking at one….” The US offered to help Egypt
with nuclear technology after President Hosni Mubarak announced his country
would revive plans for a nuclear programme, shelved in the aftermath of the 1986
accident at the Soviet nuclear plant in Chernobyl, according to the AP. Two
months later, the leaders of the oil-rich GCC said they would consider starting
a joint nuclear programme for peaceful purposes. Some Arab countries complained
for years over Israel's nuclear programme and alleged arsenal, but it never
prompted them to seek programmes of their own. Israel is believed to have an
arsenal of several hundred warheads, though it has never officially confirmed
it. Arabs repeatedly called for its weapons to be eliminated.
Asked if he was
saying that he expected Israel to join the NPT, the Monarch said: “What's
expected from us should be a standard across-the-board. We want to make sure
this is used for energy. What we don't want is an arms race to come out of this.
As we become part of an international body and its international regulations are
accepted by all of us, then we become a united front.”
The Islamic Action
Front, Jordan’s largest opposition group, on Saturday backed King Abdullah’s
plan, according to an IAF official.
“The IAF highly appreciates King
Abdullah's call for having a nuclear programme because this issue is a question
of national consensus,” IAF spokesperson Rahil Gharaibeh said in a statement.
“All Arab countries should be interested in the possession of this technology
because the foe number one of the Arab and Muslim world already owns this
technology, including its military branch which it uses to threaten our security
and stability.”
The AP quoted analysts as saying that Iran's progress in
building its nuclear facilities sparked a rush among some Arab countries to look
at programmes of their own, raising the possibility of a dangerous proliferation
of nuclear technology — or even weapons — in the volatile region.
Some Sunni Arabs already expressed concern over Iranian influence in Iraq and Lebanon. Now they fear that the mainly Shiite Persian nation could develop warheads to back
its growing power in the Middle East, the AP said.
The US, its allies and Security Council sanctions imposed last month failed to dissuade Iranian President Mahmoud Ahmadinejad from halting atomic plans, which Tehran say are
peaceful. Any significant Arab nuclear programme is likely years away, and
some observers are sceptical that cash-strapped countries have the resources for
powerful facilities. But simply announcing the intention could be meant as a
signal to Iran that its ties to Arab nations will suffer over its nuclear drive
— and to the United States that its Arab allies are concerned. http://www.jordantimes.com/sun/homenews/homenews1.htm
The presence of facilities at Inshas, and Al-Dabah, and Dimona in Israel, as well as the proposed facility in Jordan should be sufficient to deter Iran or Syria from taking or making any provocative actions that could result in a detirioration of the situation in the Middle East.
06 January, 2007
Godspeed Mayor Kollek
On 2 January 2007 Teddy Kollek died at the age of 95. While Teddy Kollek firmly believed that Jerusalem should be united under Israeli control, he advocated coexistence with and tolerance for the predominantly Arabic population of East Jerusalem.
His moderate position in the stream of Israeli politics was virtually unique when he was first elected Mayor of Jerusalem in 1965 and his calls for restraint during and in the aftermath of the Six Days War prevented the complete destruction of the Arab neighborhoods and the forced relocation of Arabic residents of East Jerusalem.
The complexities he demonstrated definitely made him one of the most intriguing figures in history.
Mahdi Abdul-Hadi, a Palestinian intellectual and longtime Jerusalem resident,http://www.iht.com/articles/ap/2007/01/02/africa/ME_GEN_Israel_Obit_Kollek.php
said Kollek's relations with Jerusalem's Palestinians were complex, but he
earned their grudging respect for rising to the challenge of his
office.
"Previous mayors were nobody in Jerusalem. They sat around in their
offices not knowing what Jerusalem meant," Abdul-Hadi said. "Teddy Kollek knew
what Jerusalem meant to the world ... very few people will grasp that
opportunity and grasp that moment, that event and take advantage of it."
His moderate position in the stream of Israeli politics was virtually unique when he was first elected Mayor of Jerusalem in 1965 and his calls for restraint during and in the aftermath of the Six Days War prevented the complete destruction of the Arab neighborhoods and the forced relocation of Arabic residents of East Jerusalem.
The complexities he demonstrated definitely made him one of the most intriguing figures in history.
24 December, 2006
Niches
For the last several years I have been seeking job with which I could be content and one that I would find fulfilling. I gave at various times thought of pursuing interests tthat involve my inteersts of law politics, international relations and anthropology and archaeology.
21 November, 2006
Books, Coins and Chess Sets
I find that collecting books, coins, and chess sets, pewter are way in which I can find outlets for my creative impulses and collecting them is much more fun than participating in sports.
13 November, 2006
A Salute to Veterans
We have shared the incommunicable experience of war. We have felt - we still
feel - the passion of life to its top. In our youths our lives were touched by
fire. Oliver Wendell Holmes Jr.
It is because of the noble and gallant conduct of veterans like Justice Holmes and other veterans like my grandfather that the United States if America remains a beacon of liberty.
I who am not able to take up arms because of my disability give thanks for women and men who can do take up arms to defend the country. I only wish that I could join you in the fight.
02 November, 2006
UST a campus with troubles
lolWhen I took Teachings of the Roman Catholic Church, we were taught that the word, Catholic has three meanings.
One: In its most general, sense the word catholic means universal.
Two: The term Catholic applied to those followers of Christ living in the Western portion of the Roman Empire.
Three: The term applies to those Churches and by extension their members who are in communion with, His Holiness, the Bishop of Roman and acknowledge his authority.
Can UST and the community truly and legitimately call itself a Catholic institution?
In my mind in order to be truly catholic in nature, a community or institution must meet all three definitions.
The University meets the second and third definitions of the term catholic. However, I would argue that the University fails to meet the first definition for two reasons,
First, the toleration of any form of discrimination against student minorities at the University is an abomination.
Second, the unwillingness in the past of the administration to acknowledge and engage in dialogue with gay, lesbian, bisexual and transgendered students on the issues faced by these students on campus daily as outlined in this passage from the article by Christina Fojas entitled Gay/Straight Alliance shifts focus: Club to request HRC chapter, non-discrimination policy,
seems to me to be exclusionary in nature and contrary to the stated mission and purpose of the University.
I applaud the efforts of the Gay/Straight Alliance. I urge the members to stay the course to which they have committed themselves. I give them my full and unconditional support.
It is my hope that your efforts will serve to encourage other minority groups on campus to speak out especially the disabled students of the University of Saint Thomas.
During my time at the University of Saint Thomas as a disabled student I was only too well aware no student advocacy group existed to aid the students of the university whose disabilities often left them at a disadvantage especially as incoming freshmen because, in my experience most incoming freshmen with disabilities were not well acquainted with the processes and procedures that were in place to determine the need for accommodations/ Additionally, topic relating to disability were not addressed during my tenure as a student in the New Student Orientation Program. To the best of my knowledge these deficiencies have not been address.
To the disabled students, I say the time has come for the disabled students of UST to unite together for the purposes of insuring that there is exists a student group for incoming students to turn to when they need support and advice.
One: In its most general, sense the word catholic means universal.
Two: The term Catholic applied to those followers of Christ living in the Western portion of the Roman Empire.
Three: The term applies to those Churches and by extension their members who are in communion with, His Holiness, the Bishop of Roman and acknowledge his authority.
Can UST and the community truly and legitimately call itself a Catholic institution?
In my mind in order to be truly catholic in nature, a community or institution must meet all three definitions.
The University meets the second and third definitions of the term catholic. However, I would argue that the University fails to meet the first definition for two reasons,
First, the toleration of any form of discrimination against student minorities at the University is an abomination.
Second, the unwillingness in the past of the administration to acknowledge and engage in dialogue with gay, lesbian, bisexual and transgendered students on the issues faced by these students on campus daily as outlined in this passage from the article by Christina Fojas entitled Gay/Straight Alliance shifts focus: Club to request HRC chapter, non-discrimination policy,
Discrimination on campus has appeared in many subtle forms, primarily in
insensitive comments or hostile attitudes from classmates, according to Alliance
members. In one instance, Perez said a student brought a male doll dressed in a
pink bikini to school as a joke. "I felt embarrassed," Perez said. "No one wants
to acknowledge that there are gay students on campus, that there is
discrimination and it needs to be dealt with." http://www.ustcauldron.org/media/storage/paper444/news/2006/10/19/OtherNews/Gaystraight.Alliance.Shifts.Focus-2399452.shtml?norewrite200611021431&sourcedomain=www.ustcauldron.org&mkey=416196
seems to me to be exclusionary in nature and contrary to the stated mission and purpose of the University.
I applaud the efforts of the Gay/Straight Alliance. I urge the members to stay the course to which they have committed themselves. I give them my full and unconditional support.
It is my hope that your efforts will serve to encourage other minority groups on campus to speak out especially the disabled students of the University of Saint Thomas.
During my time at the University of Saint Thomas as a disabled student I was only too well aware no student advocacy group existed to aid the students of the university whose disabilities often left them at a disadvantage especially as incoming freshmen because, in my experience most incoming freshmen with disabilities were not well acquainted with the processes and procedures that were in place to determine the need for accommodations/ Additionally, topic relating to disability were not addressed during my tenure as a student in the New Student Orientation Program. To the best of my knowledge these deficiencies have not been address.
To the disabled students, I say the time has come for the disabled students of UST to unite together for the purposes of insuring that there is exists a student group for incoming students to turn to when they need support and advice.
24 August, 2006
And then there were eight: A reflection on Pluto
The International Astronomical Union after several days of sometimes acrimonious debate has decided to reclassify Pluto as a dwarf planet, stripping it of its original designation as a true planet, a designation that Pluto had held since, its discovery in 1930.
www.iau2006.org/mirror/www.iau.org/iau0603/index.html
In ight of this decision primary school teachers will have to develop a new mnemonic device to asist their students in memorizing the planets.
www.iau2006.org/mirror/www.iau.org/iau0603/index.html
In ight of this decision primary school teachers will have to develop a new mnemonic device to asist their students in memorizing the planets.
18 August, 2006
An Intriguing question: How am I
Yesterday, I received a voice mail message from a friend who se voice I have not heard since late December or early January asking how I was doing, Her voice mail message made me pause to reflect on the question.
In my reflections I found that I have been answering that question on a day by dat basis and yet I had comnsidered the cumulative effect of the question in the sense that I never really considered it over the long term.
An assessment of my physical, mental, emotional and spiritual state is something that I assess on a daily basis because, there is not a single uniform answer.
Indeed in the last eight months I have grown older and perhaps gained a little wisdom through my experiences. I have changed and grown in some ways and in others I remain unchanged.
Most of the changes were due in part to medical and psychological problems I am now under treatment for, and now I am on the right combinations of medications.
Also, I have found that I have generally withdrawn from much of the social activities I used to enjoy and have begun taking more pleasure in playing chess, reading, writing coin collecting, and stamp collecting, sword collecting that for a long while I had to give up because of all that was going on in my life.
In all I would say that the past eight months on a scale of -10 to a +10 that I have seen both ends of the spectrum. More often than not I fall into the middle of the spectrum. To provide a more detailed explanation of why this so would not in mind be prudent so I will say simply that I have been lonely and while my beautiful dogs Alli who passed away and my new dog Bella can only allieviate so much of my lonliness.
.
In my reflections I found that I have been answering that question on a day by dat basis and yet I had comnsidered the cumulative effect of the question in the sense that I never really considered it over the long term.
An assessment of my physical, mental, emotional and spiritual state is something that I assess on a daily basis because, there is not a single uniform answer.
Indeed in the last eight months I have grown older and perhaps gained a little wisdom through my experiences. I have changed and grown in some ways and in others I remain unchanged.
Most of the changes were due in part to medical and psychological problems I am now under treatment for, and now I am on the right combinations of medications.
Also, I have found that I have generally withdrawn from much of the social activities I used to enjoy and have begun taking more pleasure in playing chess, reading, writing coin collecting, and stamp collecting, sword collecting that for a long while I had to give up because of all that was going on in my life.
In all I would say that the past eight months on a scale of -10 to a +10 that I have seen both ends of the spectrum. More often than not I fall into the middle of the spectrum. To provide a more detailed explanation of why this so would not in mind be prudent so I will say simply that I have been lonely and while my beautiful dogs Alli who passed away and my new dog Bella can only allieviate so much of my lonliness.
.
12 August, 2006
The death of a noble man
This morning I attended the funeral service for Rev. William John Young C.S.B. I did not know Reverend Young all that well. Although, he was there for me during a difficult period in my life in his capacity as a priest. In this capacity he was able to help to find hope in a time when I had none left for myself and I had despaired of graduating. I will always be grateful to him for all the counsel and help he gave me during this period of my life.
Subscribe to:
Posts (Atom)