judicialsupport

Legal Writing for Legal Reading!

Archive for the month “September, 2017”

Yessource: Live in Rio 1/17/85

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Advertisements

United Shapes of Arithmetic: Dog Abuse

Nathan Rudolph, my friend and fellow parishioner at St. John the Evangelist Anglican Church, has started a comic strip which I have greatly enjoyed and appreciated.  With his permission, I will repost them here after he posts them.  I think my readers will appreciate them as much as I do as they are rather insightful with a snarky edge.  Enjoy!

Here are the links to the previously posted strips:

Here is the latest strip:

No automatic alt text available.

Yessource: 9012Live: the Solos

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

 

 

Yessource: Twelve Inches on Tape

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Selective science

Every now and again I come across a fantastic article that warrants posting here.  I have seen a recent proliferation of articles in respected publications pointing out, bemoaning, and/or highlighting increasing problems with the trustworthiness of the alleged findings of the contemporary scientific community.  I find these articles to be particularly interesting given how our society looks to science as a (the?) source of ultimate truths (often as a mutually exclusive alternative to spirituality).  This sort of scientism may be misplaced, and these articles delve into the pitfalls that come with such an approach.

Here are the links the other articles I posted on this subject:

Be edified.

__________________________

When President Donald Trump announced the United States would withdraw from the Paris climate accord, the president of France offered a sweeping assessment: Trump made a grave mistake for the future of the planet.

Trump’s assessment was less apocalyptic: He argued it would be a serious mistake for the United States to remain bound to an international agreement that burdened our nation more than it bolstered the future of humanity.

Cal Beisner of the Cornwall Alliance—a network of Christian scholars and scientists—pointed out the costs versus benefits: Fully implementing the Paris accord would cost the world about $1 trillion a year from 2030 to 2100. The United States would bear the highest financial burden.

The most optimistic outcome for spending tens of trillions of dollars: 0.3 degrees Fahrenheit of cooling. “It’s no bargain,” Beisner wrote. “It won’t slow sea level rise. It won’t reduce hurricanes, tornadoes, floods, droughts, or heat waves. It won’t save human lives.”

In some circles, that analysis is heretical. Rep. Nancy Pelosi, D-Calif., asked how Trump would explain to his grandchildren “what he did to the air they breathe—assuming they breathe air.”

Such ironclad faith in fallible models designed to predict the future is ironic in an age of deep skepticism. Over the last decade, books trumpeting doubts about God skyrocketed on bestseller lists: Reviewers hailed biologist Richard Dawkins’ The God Delusion and Christopher Hitchens’ God Is Not Great: How Religion Poisons Everything.

A few years later, they praised another bestseller: Darwin-follower Bill Nye’s Undeniable: Evolution and the Science of Creation. The message was clear: The existence of a Creator is refutable, but evolutionary theory is undeniable.

The same faulty logic seems to apply to climate change.

When conservative Bret Stephens wrote his first column for The New York Times in April, he noted that a modest, 1.5 degrees Fahrenheit of warming of the earth since 1880 is indisputable and that human activity influenced that warming.

But Stephens added that models predicting the future effects of climate change are a matter of probabilities, not irrefutable science. “To say this isn’t to deny science,” he wrote. “It’s to acknowledge it honestly.”

It’s also to invite outrage: The newspaper met an avalanche of fury from readers demanding the Times fire Stephens for suggesting that predicting the future isn’t a sure bet.

Climate change isn’t the only area where scientific debate is anathema. When a group of physicians or psychologists questions whether it’s healthy to give puberty blockers or cross-sex hormones to children confused about their birth sex, critics accuse them of bigotry and hatred.

That’s ironic given that the American Academy of Pediatrics (AAP) recently published an excerpt of a study about the cognitive development of children: The report argued children under 14 aren’t cognitively capable of crossing a busy street because “children lack the perceptual judgment and physical skills needed to consistently get across safely.”

But the same group argues that children who can’t cross the street safely are capable of making monumental decisions about whether to live as a boy or a girl—and whether they’re willing to forgo biological children of their own in a grave transition process they surely can’t comprehend.

This selective defiance against skepticism has broad implications. For example, the Illinois Department of Children and Family Services recently announced it wouldn’t place children in foster care homes with families that won’t affirm transgenderism.

Radical responses to climate change without debate have broad implications as well. Beisner points out that spending trillions of dollars uses money that could be spent on “providing electricity, pure drinking water, infectious disease control, sewage sanitation, industrialization, and lots of other things that lift people out of poverty, disease, and premature death and enable them to adapt to any future climate—warmer or cooler.”

Reasonable questions could lead to reasonable solutions. Ignoring reasonable questions could lead to disaster. (That’s why WORLD Editor in Chief Marvin Olasky trains writers to ask: How do you know you’re right? What happens if you’re wrong?)

For Christians, discussions about the environment shouldn’t provoke dread or disdain. We don’t panic over dire predictions of the future, but we also don’t dismiss our duty to take care of the creation the Creator has made for us to cultivate and enjoy. Even in the middle of the hot summer, we believe the Christmas hymn: “He comes to make His blessings flow far as the curse is found.”

By Jamie Dean and published in World Magazine on July 1, 2017 and can be found here.

Dependent on Child Support in Dependency

It is widely known that it is public policy is to ensure children receive the support they need from their parents. In the vast majority of cases, a child support obligation terminates when a child reaches the age of majority (age 18) or graduates from high school, whichever is later, however, the Superior Court of Pennsylvania, in the recent matter of Somerset County Children and Youth Services v. H.B.R., 155 A.3d 627 (Pa. Super. 2017), has addressed the atypical situation when a child reaches the age of majority yet still remains subject to a dependency order.

In H.B.R. the child-at-issue was put into placement following a dependency action. Consequent to the same, Children and Youth Services (CYS) filed a complaint for child support against the child’s father and, accordingly, an order for child support was entered. A little over two years after the child support order was entered, the father filed a petition to modify the child support order, requesting termination of the same, because the child, having reached the age of majority and graduated from high school, was emancipated. Despite reaching the age of majority and graduating from high school, the child voluntarily chose to remain in the custody of CYS until age 21, which is his right to do.

After the child support modification conference, the trial court entered an order terminating the child support order as the child is emancipated due to reaching the age of majority and graduating from high school. In response, CYS demanded a hearing contesting the termination of the child support order because, although having reached the age of majority and graduating from high school, the child continued to be dependent and in the custody of CYS and, therefore, financially subsidized by CYS. After the hearing mentioned above, the trial court affirmed the order mentioned above flowing from the conference terminating the support order. As a result, CYS appealed the matter to Pennsylvania Superior Court.

On appeal, CYS essentially argued that as it must still outlay money for the support of the child, due to his remaining dependent, the father should contribute to the same through a child support order. Furthermore, CYS claimed that the child support process may be the only mechanism available to it to seek recoupment of its costs for the emancipated child.

In rendering its decision, the court first noted that the Pennsylvania Supreme Court has ruled that a parent has no legal duty to provide educational support to an emancipated child. Based on this, Superior Court, specifically agreeing with the trial court, said that “a parent has no duty in Pennsylvania to provide support to a college-age child who has graduated from high school and who suffers from no infirmities which would prevent that child from earning income to help support himself.”

In light of the above, the court ruled that CYS failed to convince it that the trial court’s order, described above, is “manifestly unreasonable or based on bias, ill will, prejudice and partiality.” Instead, the Superior Court noted, the trial court’s order is precisely consistent with applicable law, especially considering that the child is emancipated and capable of self-support. Therefore, the father has no legal obligation to continue paying child support.

As part of its analysis, the court distinguished this case from the matter of Erie County Office of Juvenile Probation v. Schroeck, 721 A.2d 799 (Pa. Super. 1998). In Schroeck, the parent was obliged to pay the cost of care for the child-at-issue in that case even though the child was over 18 years old and graduated from high school and therefore emancipated. Despite meeting the two primary factors for emancipation, the child was also adjudicated delinquent and placed in a court-ordered residential program. In ordering support for this child, the court’s reasoning in Schroeck was that, due to being adjudicated delinquent and in a residential program, the child was rendered effectively unemployable and incapable of self-support. By contrast, the Superior Court noted, the child in H.B.R. has no such limitations which would trigger a support obligation. The court pointed out that his decision to remain in the custody of CYS is not mandatory and does not render the child incapable of self-support.

Ultimately, Superior Court affirmed the termination of the father’s child support obligation. The court observed that CYS may have other avenues to pursue under 62 Pa.C.S. Section 704.1 and an action to seek reimbursement due to the child being able to engage in self-support, but elected not to provide any guidance as it does not issue advisory opinions.

Originally published on June 29, 2017 in The Legal Intelligencer and can be seen here and reprinted in the Pennsylvania Family Lawyer for its October 2017 edition (Volume 39, No. 3) (see here).

Qualified Immunity For Commissioners Asking Religious Questions To Constable Candidate

This is from religionclause.blogspot.com which you can find here:

“In Lloyd v. Birkman, (WD TX, April 1, 2016), a Texas federal district court held that members of the Williamson County (Texas) Commissioners’ Court enjoyed qualified immunity in a suit by an unsuccessful candidate for County Constable.  The position was normally an elected one, but the current Constable resigned and the next election was over one year away. Thus under state law the Commissioners had the power to appoint a new Constable to serve until the next general election.  During interviews for the position, Commissioners asked candidates about their church membership, views on gay marriage and abortion, and political ideology. Plaintiff contended that these questions violated his rights of free expression and association, as well as the free exercise and establishment clauses. The court, however, concluded that there was not “clearly established law” that this line of questioning was improper in the context of private interviews for an interim appointment to a normally elective position. (See prior related posting.) ”

You can learn more about this issue here.

Yessource: the 90125 interviews

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

 

 

 

One day can change everything: Patrick Ness’s RELEASE

Here is the latest post by Angela and Daz Croucher to their blog A.D. Croucher! They are up-and-coming young adult authors. Check them out!

A.D. Croucher

Patrick Ness, the staggeringly talented YA deity behind the Chaos Walking trilogy, A Monster Calls, More Than This, and the heartbreakingly brilliant—and heartbreakingly canceled—TV show CLASS (which featured some of the greatest YA sci-fi writing we’ve ever seen), has a new book out. This is, of course, a very good thing. The book is called RELEASE and—spoiler—it’s wonderful. This is why you should read it.

Release cover This brilliant ad extraordinary cover art is by Erin Fitzsimmons

View original post

Strawman Arguments: Jocks vs. Nerds

My friend and co-worker Brian M. Lambert has founded an online sketch comedy project called Tactical Retreat which you can find here on Facebook and here on Youtube.

As Tactical Retreat releases new videos, I will post them here.  So far, I have found them rather funny and clever and they seem to get better with each release.

Here are the links to Tactical Retreat‘s previously released sketches:

 

Post Navigation