judicialsupport

Legal Writing for Legal Reading!

Archive for the month “December, 2022”

Inspiring Philosophy: The Next Phase of Apologetics

Saint Peter instructs believers to “[a]lways be prepared to make a defense to any one who calls you to account for the hope that is in you, yet do it with gentleness and reverence’ (1 Peter 3:15). Over the course of its existence, the Church has called the process of explaining, arguing for, and/or answering questions about, the Christian Faith apologetics (see here). Apologetics is defined as the religious discipline of defending religious doctrines through systematic argumentation and discourse. Someone who engages in apologetics is an apologist.

Perhaps my favorite apologist on Youtube is Michael Jones who creates videos for the channel Inspiring Philosophy. I find his work engaging, his arguments sound, and the topics he covers broad and interesting. As a result, I have decided to post his videos here and, as I usually do for these sorts of things, I will keep a running list of links to prior videos with each post of a new video.

Past videos:

Please be edified by this video:

YesSource: Yes Albums – 2/23/21: Union 30 Live

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:

Templeton Project: Defy and Deify

Back in October 2015 I wrote about the inauguration of the Abington Templeton Foundation (see here).  The project is now underway (see here) and I will be posting our writing here.

Check out the latest piece entitled “Defy and Deify.”

See also:

_____________________________

Modern American culture defies any easy description.  Overall, one could say that it has no center that would make it a coherent phenomenon.  There are numerous hard things we can say about it.  Modern American culture defies the traditional virtues, both cardinal–courage, self-control, justice, and prudence and theological–faith, hope, and love–in favor of sexual intemperance and obsession.  Modern American culture defies God.  The Lord has become a outworn symbol of a bygone time, need of whom we think we have surpassed.  God represents an old order that has no credibility in our lives.  We mistakenly believe that we are fully capable of handling life on our own.  The millennia with God have been exceeded by a New Age of godlessness. Well, not exactly. Gods remain among us, but the true God is so often forgotten and regarded as obsolete.

We have deified the creature, a tendency no different from the inclinations of the past.  In Greco-Roman religion the natural elements along with other created objects and ideas were deified.  Now the same is happening today.  We have deified ourselves along with objects we heed with enthusiasm.  The gods of today have the familiar faces of the gods of the past.  Most particularly, sex is the monarch of immortals and mortals.  Venus (Aphrodite) has taken the place of Jupiter (Zeus).  From her throne she rules the world. Our behavior matches the intemperance of the gods of yore.

We have defied God and deified what is not God.  We have become gods who worship other gods.  We fragile created beings are senseless about our proper place in this world. We are mortals but attempt to act as gods.   As a result, we live in a maelstrom swirling about us and in us.  We exist amidst turmoil.  Many of our politicians are out of control; our cities are dangerous; so many have enjoyed the lawlessness by making a significant contribution to it;  our talk is silly; our ears are closed; our understanding and sympathy for others have shrunk; and our level of trust has withered to almost nothing. “Let everyone beware of his neighbor, and put no trust in any brother, for every brother is a deceiver, and every neighbor goes about as a slanderer. Everyone deceives his neighbor and no one speaks the truth;” (Jeremiah 9: 4-5a ESV)

Defy and deify is what the Christian deals with as he makes his way through the culture.  We become weary with the nonsense.  And yet, we must stand in the midst of it all and announce the Kingdom of God, while repenting of our own sins.

Michael Tavella

Advent 3

December 12, 2022

Yes Albums: 3/25/18 – Fly From Here – Return Trip

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:

PUT A LITTLE LOVE IN YOUR HEART

                As Jackie DeShannon sings in her song, “Put a Little Love in Your Heart”:

Think of your fellow man,

lend him a helping hand

Put a little love in your heart…

                We are living in cruel times.  Human kindness, decency, and regard for others seem to be on the wane. Obviously, during the history of mankind, boorish behavior has existed and may even have been the norm, but one would hope that at this point in the human journey we would have learned to “play nice.”

                Recent incidents involving children make one wonder whether families are taking the time to instruct children on the basic niceties of human behavior. I grew up in Minnesota, not the fictional Lake Wobegon of Garrison Keillor’s imagination, “where all the women are strong, all the men are good-looking, and all the children are above average,” but Minnesota “nice” just the same.  Not only did parents instruct and discipline their children, but neighbors knew each other, and they all assumed responsibility for making certain that all children behaved properly. In fact, the entire community, really everyone we encountered- school teachers and staff, shopkeepers, extracurricular organizations’ staff, the police- kept an eye on children. It was not unusual for parents to receive a call from any of the above to ask if they knew that their child was out late or engaging in inappropriate behavior. I can tell you that when my parents received a call like that, it resulted in some type of punishment for my brothers and me.

Whoo boy! Have things ever changed, and for the worse. I will give you three examples:

First, a recent news story featured a mother and father who appeared at their son’s elementary school, sadly and coincidentally, on a day designated as “Family Fun Day,” to take him out of school early. The mother refused to abide by school protocol, which required that she go to the school’s office to present identification before she left with her son. The protocol was instituted to prevent unauthorized people from leaving with children. Instead of following protocol, the mother insisted on removing her son from the playground. When the principal and vice principal tried to stop her, the mother assaulted them, and the father later joined in.  The mother has been charged with aggravated assault, criminal conspiracy, criminal trespass, simple assault, reckless endangerment of another person, disorderly conduct, and harassment. At the time the news story was published, the father, who ran away, was still being sought by authorities.

   Second, a student and her family sued the Philadelphia School District for failing to stop the student from being bullied over her gender-nonconforming presentation (the judge described it as not conforming to “societal expectations for girls in terms of appearance and dress…”). The judge awarded them $500,000, under the Pennsylvania Human Relations Act’s prohibition of sex discrimination, in a unique application of that Act to student-on-student bullying. The girl attended three respective public schools, but the bullying persisted. She developed serious psychological problems, which led to the financial award.

Third, something happened to me recently. A boy of about 12 was walking down the street screaming at the top of his lungs, while I was trying to make a telephone call. I suggested to him that said behavior was not appropriate, as it disturbed other pedestrians. His mother started screaming at me, telling me I had no right to tell her son what to do. She became more enraged by the moment, made some personally insulting remarks to me, and then said she was going to spit on me, which she did, after her group circled me, yelling. Although several people viewed this interaction, when I asked if they had seen what happened, they all shifted their eyes to the ground. The mother’s actions do not portend well for her son. In too many situations these days, people are afraid to step forward and do the right thing, for fear of being criticized or even harmed. When I relayed this incident to others it was suggested that I had no business correcting the boy’s boorish behavior, and it is best to mind my own business. But, that is not how I was raised, and I fear for our society if the rules have changed so that anyone can do whatever they want, anytime they want, wherever they want as others cower in fear.    

                Let’s all put a little love in our hearts and think of our fellow man, and the world may be a better place for you and me.

_________________

Faye Riva Cohen, Esquire is the founder and managing attorney of the Law office of Faye Riva Cohen, P.C. in Philadelphia, PA. She writes a blog called “Tough Lawyer Lady.” She represents clients in labor, discrimination, family law, real estate, and estate litigation issues. Her office is located at 2047 Locust St. in an historic brownstone. She can be reached at 215-563-7776 or at frc@fayerivacohen.com

Street Preacher Loses His Free Speech Lawsuit

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

In Sessler v. City of Davenport, (SD IA, Nov. 22, 2022), an Iowa federal district court dismissed a suit for damages and injunctive relief brought by a street preacher who claimed that his free speech rights were violated when he and others with him were required to move from the location at which they were preaching during the city’s Street Fest and continue their preaching from another location. According to the court:

Sessler and his group carried signs on extendable poles with messages including: “Hell is enlarged for adulterers . . . homosexuals . . . abortionists” and “Warning! If you are involved in sex out of marriage[,] homosexuality[,] drunkenness[,] night clubbing . . . you are destined for a burning hell[.]” 

The court concluded that Street Fest was a limited public forum, and plaintiff’s removal was reasonable and viewpoint neutral.  It went on to say in part:

Sessler has failed to carry his burden of showing Behning, Smith, and Alcala violated a clearly established right, even if Street Fest is considered a traditional public forum. The case law discussed by Sessler does not show a member of the public has a right to continue preaching at a permitted event open to the public after event organizers requested his removal due to complaints that his preaching was driving customers away from fee-paying vendors. Rather, the case law on point suggests a reasonable officer could have concluded Sessler had no constitutional right to continue preaching within the boundaries of Street Fest following such complaints, as long as he was permitted to continue preaching across the street from an entrance to Street Fest. The Officers violated no clearly established right, so they are entitled to qualified immunity from Sessler’s claims against them.

You can learn more about this issue here.

Inspiring Philosophy: Worst Objection to Theism: Who Created God?

Saint Peter instructs believers to “[a]lways be prepared to make a defense to any one who calls you to account for the hope that is in you, yet do it with gentleness and reverence’ (1 Peter 3:15). Over the course of its existence, the Church has called the process of explaining, arguing for, and/or answering questions about, the Christian Faith apologetics (see here). Apologetics is defined as the religious discipline of defending religious doctrines through systematic argumentation and discourse. Someone who engages in apologetics is an apologist.

Perhaps my favorite apologist on Youtube is Michael Jones who creates videos for the channel Inspiring Philosophy. I find his work engaging, his arguments sound, and the topics he covers broad and interesting. As a result, I have decided to post his videos here and, as I usually do for these sorts of things, I will keep a running list of links to prior videos with each post of a new video.

Past videos:

Please be edified by this video:

YesSource: Yes Albums, 11/24/17 Topographic Drama

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:

Don’t Dig Yourself Into A Hole

This is a pop quiz on when it is advantageous to hire a lawyer:

  1. At the beginning of a significant matter in your life which could have a financial and/or emotional impact on your future.
  2. After you have – already signed legal documents that could encumber you, or after you have been sued, or after your deadline to pursue a matter have passed.
  3. After a judgment has been entered against you in a lawsuit you did not defend; years after you did not monitor what was happening with a relative’s estate of which you are a beneficiary; after you settled on a piece of property and begin having major problems.

                 I would hope that most of my readers would have selected A. Yet in my experience, most people do not hire a lawyer until they have experienced problems in B or C. It is definitely easier to dig oneself out of a hole before one is too deep into the hole to do so.

I surmise it is human nature to wait to take action until a situation has reached crisis proportions. I will provide some examples of problems that clients could have avoided if they would have hired a lawyer at the beginning of their matter. Some of the facts of the matters have been changed, and the names are fictitious.

Example One

John Jones decided to place an offer on a house. The agreement of sale was drafted by a real estate agent who was a friend of John’s family. John decided to have us review the agreement of sale after he and the seller had already signed the agreement. Many people do not realize that a written document takes precedence over a verbal agreement, and even if the parties agree to change the agreement of sale, that agreement is often not valid until it is reduced to writing in a specific form. An exchange of e mails is not the necessary specific form.

We pointed out problems with the agreement because there was no limit on the amount of repairs John would have to pay for after he received his inspector’s report, it would have been John’s sole responsibility to pay for any citations the city would have issued prior to the sale, and the seller asked John to waive any disclosures he would otherwise been legally required to make.

Also, John owned 3 cats. John did not see the documents governing the homeowner’s association until after he signed the agreement, and those documents limited him to 2 cats. Although John was told he could move in with his 3 cats, restrictions were placed on him on whether the cats could remain if problems arose, and John was required to pay a deposit that had not been mentioned before. John has decided to cancel the deal and is waiting to see if there will be a problem with receiving a return of his deposit. If there is such a problem he may have to engage in an expensive mediation process.

Lesson: Always hire a lawyer at the beginning of a legal transaction.

Example Two

Debby Doe contacted us because she was told that she had 21 days (this is a federally mandated time period for employees over 40) in which to review a severance package after she was terminated from her employment. There were two parts to the agreement. Debby was told by her manager that if she signed the agreement the day she received it she would be considered for another position. However, Debby was not offered another position. Debby also suffered from some medical problems, of which her employer was aware, and became confused, upset and anxious when she learned she was being terminated. Debby retained us to secure a better severance package than the minimal package she was offered despite years of being a good employee, and because Debby was confused and intimidated and misled, she did not realize that she had signed both of the agreements, instead of one of them. We are now pursuing a discrimination action on behalf of Debby for lack of accommodation by her employer due to her medical condition, as well as not complying with giving Debby 21 days in which to consider the severance package.

Lesson: Do not let your employer bully or intimidate you into signing a severance package. Give yourself the legally allotted time to review the agreement, and have a lawyer review the agreement and either make suggestions to you as to whether changes are suggested, or try and negotiate a better package for you. Remember, that non-monetary changes are often just as important as monetary changes when considering these agreements.

Example Three

Bill Smith’s mother passed away in 2014.  She did not leave a will, but Bill agreed that his brother Jim could be named to administer their mother’s estate. Bill trusted Jim, and asked him every few months how things were progressing. Jim said things were fine, but there were many things that had to be done under the law, and that he would distribute Bill’s share of the assets as soon as their mother’s house was sold. In 2017 Bill became suspicious and checked some records at the courthouse. He learned that Jim had sold their mother’s house for $1 to Jim’s son, who in turn sold it to a third party for $100,000. Jim also confessed to Bill that he had spent $50,000 in their mother’s bank account on gambling, and had declared bankruptcy. Bill retained us, but by then very little could be done without extensive and expensive litigation which most likely would not have been fruitful.

Lesson: The law books are full of estate cases in which family members have taken advantage of each other. Greed unfortunately trumps kinship. It is wise to hire a lawyer at the earliest opportunity in estate cases and have that lawyer monitor what is happening and what should be happening. The law gives the administrator/executor of an estate broad discretion to act, and often spend the estate’s funds to defend themselves if they are accused of improprieties. It is preferable to hire a lawyer to monitor the situation, than spend many times that amount to sue an administrator whose fees are covered by estate resources.

_________________

Faye Riva Cohen, Esquire is the founder and managing attorney of the Law office of Faye Riva Cohen, P.C. in Philadelphia, PA. She writes a blog called “Tough Lawyer Lady.” She represents clients in labor, discrimination, family law, real estate, and estate litigation issues. Her office is located at 2047 Locust St. in an historic brownstone. She can be reached at 215-563-7776 or at frc@fayerivacohen.com

Inspiring Philosophy: A Critique of the Many Worlds Interpretation

Saint Peter instructs believers to “[a]lways be prepared to make a defense to any one who calls you to account for the hope that is in you, yet do it with gentleness and reverence’ (1 Peter 3:15). Over the course of its existence, the Church has called the process of explaining, arguing for, and/or answering questions about, the Christian Faith apologetics (see here). Apologetics is defined as the religious discipline of defending religious doctrines through systematic argumentation and discourse. Someone who engages in apologetics is an apologist.

Perhaps my favorite apologist on Youtube is Michael Jones who creates videos for the channel Inspiring Philosophy. I find his work engaging, his arguments sound, and the topics he covers broad and interesting. As a result, I have decided to post his videos here and, as I usually do for these sorts of things, I will keep a running list of links to prior videos with each post of a new video.

Past videos:

Please be edified by this video:

Post Navigation