judicialsupport

Legal Writing for Legal Reading!

Archive for the tag “lawyer”

The Myth of the Pagan Origins of Christmas

It is that time of year again!

The idea that typical Christmas traditions – like Christmas Trees, Santa Claus, or even its date – all somehow derive from paganism is so common that it has become almost a truism.  The pagan source is either described as something the Christian Church coopted and Christianized or merely as something that has survived as a historical or cultural accident despite the influence of the Church in Western Civilization.

As it turns out, the assumption that Christmas traditions are just pagan holdovers may, indeed, not be based on reality or historical facts but, rather, on unquestioned presumptions – a “conventional wisdom” if you will – based merely on the similarity between the traditions.

It appears, for one reason or another, scholars have recently taken another look at the origin of Christmas traditions, and their findings have revealed that the conventional wisdom about their origin appears to be mistaken.

Instead of rehearsing the facts and arguments myself, I would suggest checking out this article (see here (“Yes, Christ was Really Born on December 25: Here’s a Defense of the Traditional Date of Christmas” by Dr. Taylor Marshall on his website)) and this article (see here (“Calculating Christmas” by William J. Tighe on Touchstone)).

In addition to the above articles, I highly suggest watching this video:

This additional video is primarily addressed to Christians who object to Christmas trees on biblical grounds:

As it turns out, a great article by Daniel Lattier on this subject was recently published in Intellectual Takeout and can be found here and below:

It’s generally accepted that early Christians adopted December 25th as the day of Christ’s birth to co-opt the pagan celebration of the winter solstice. Some believe this fact undermines Christianity.

But according to Professor William Tighe, this “fact” may actually be a myth.

Based on his extensive research, Tighe argues that the December 25th date “arose entirely from the efforts of early Latin Christians to determine the historical date of Christ’s death.” He also goes so far as to claim that the December 25th pagan feast of the “’Birth of the Unconquered Sun’… was almost certainly an attempt to create a pagan alternative to a date that was already of some significance of Roman Christians.”

Tighe explains…

In the Jewish tradition at the time of Christ, there was a belief in what they called the “integral age”—that the prophets had died on the same days of their conception or birth. Early Christians spent much energy on determining the exact date of Christ’s death. Using historical sources, Christians in the first or second century settled on March 25th as the date of his crucifixion. Soon after, March 25th became the accepted date of Christ’s conception, as well.

Add nine months—the standard term of a pregnancy—to March 25th, and Christians came up with December 25th as the date of Christ’s birth.

It is unknown exactly when Christians began formally celebrating December25th as a feast. What is known, however, is that the date of December 25th“had no religious significance in the Roman pagan festal calendar before Aurelian’s time (Roman emperor from 270-275), nor did the cult of the sun play a prominent role in Rome before him.” According to Tighe, Aurelian intended the new feast “to be a symbol of the hoped-for ‘rebirth,’ or perpetual rejuvenation, of the Roman Empire…. [and] if it co-opted the Christian celebration, so much the better.”

As Tighe points out, the now-popular idea that Christians co-opted the pagan feast originates with Paul Ernst Jablonski (1693-1757), who opposed various supposed “paganizations” of Christianity.

Of course, to Christians, it really doesn’t matter that much whether or not they co-opted December 25th from the pagans, or vice versa. The Christian faith doesn’t stand or fall on that detail. But it’s nevertheless valuable for all of us to give closer scrutiny to shibboleths—such as that of the pagan origins of Christmas—which are continually repeated without being examined.

 

Advertisements

Yessource: 9/2&3/89, San Diego: The Jeff Berlin Rehearsals

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:

Democrats and ‘Dogma’: Are you now or have you ever been an ‘orthodox Catholic’?

Every now and again I come across a fantastic article the warrants posting here; I recently came across one in The Wall Street Journal which, I thought, was pretty insightful. Be edified.

_______________

‘Why is it that so many of us on this side have this very uncomfortable feeling that—you know, dogma and law are two different things. And I think whatever a religion is, it has its own dogma. The law is totally different. And I think in your case, professor, when you read your speeches, the conclusion one draws is that the dogma lives loudly within you, and that’s of concern when you come to big issues that large numbers of people have fought for years in this country.”

Thus did California Sen. Dianne Feinstein pronounce on Wednesday that, by virtue of being a faithful Catholic, Amy Barrett, a respected law professor at Notre Dame, may have excluded herself from a federal judgeship. President Trump has nominated Ms. Barrett for the Seventh Circuit Court of Appeals. But the Democratic obsession with Ms. Barrett’s religion transformed what should have been a routine Senate confirmation hearing into a tour of the mind of the modern secular left.

The ugly implication of Mrs. Feinstein’s words is underscored by the context. She deployed them to suggest Ms. Barrett’s faith would lead her to substitute her personal beliefs for the law, basing the accusation primarily on a law review article Ms. Barrett wrote in 1998 as a law clerk.

Ms. Barrett and her co-author explicitly reached the opposite conclusion: “Judges cannot—nor should they try to—align our legal system with the Church’s moral teaching whenever the two diverge.”

The question addressed by the law review article was what Catholic judges ought to do when they conclude they cannot in good conscience apply the law as written because it clashes with their own moral views. If she was rattled by the question, Sen. Feinstein ought to have been reassured by the answer Ms. Barrett gave: They should recuse themselves.

David Rivkin, a constitutional litigator, says “the tenor of questions by Democrat Senators seemed designed more to challenge the ideas of Catholic orthodoxy—a subject more fitting for a theological debate than a Senate hearing.”

Proving Mr. Rivkin’s point. Sen. Dick Durbin jumped in to demand of Ms. Barrett: “Do you consider yourself an orthodox Catholic?” Does Mr. Durbin understand that he sounds like the Southern Baptist ministers in 1960 who thought Jack Kennedy shouldn’t be President because he’d take orders from the pope?

This questioning is part of a broader effort on the left to disqualify people with strong religious views from the public square. Ms. Feinstein’s smear about Ms. Barrett’s “dogma” dovetails with the left-wing Southern Poverty Law Center’s effort to label any outfit that doesn’t go along with its agenda a “hate group.”

Sen. Al Franken, the great legal philosopher, wrapped it all up nicely by accusing Ms. Barrett of having appeared before a “hate” group. He was referring to the Alliance Defending Freedom, a religious liberty outfit that the Southern Poverty Law Center designated a hate group because it adheres to traditional views about human sexuality and marriage.

As for judges imposing dogma over the law, it’s worth noting that not all dogmas are religious. Democratic interest groups are explicit in demanding that Democratic judicial nominees be committed to overturning Citizens United’s defense of free speech while brooking no modification in Roe v. Wade.

Let’s hope the Senate rejects the bigotry that marred Wednesday’s hearing and approves the eminently qualified Ms. Barrett for the Seventh Circuit. The federal bench could use more judges who understand their civic duty as well as Ms. Barrett does.

By “The Editorial Board” and originally published in The Wall Street Journal on September 7, 2017 and can be found here.

 

A Lesson Learned From Taylor Swift On the Meaning of Damages

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

The composer and singer, Taylor Swift, recently won a sexual assault lawsuit against a former radio host. He initially sued her stating that she had caused his dismissal. She countersued because she wanted the trial to serve as an “example to other women.” Swift only sought a single dollar in damages, which the jury awarded her.

Yes, Even $1.00 Award Has Implications       

The dollar awarded to Swift brings up some interesting points about how damages are calculated under the law. There are two parts to every case:

  • The first part is liability, meaning that one has to first prove their case before they are entitled to damages. Many people spend most of their energy on the facts of their case, as they are so personally involved in it.
  • Yet, once they are able to prove their case, the next step, and often the most important step, is for them to…

View original post 778 more words

Student Sues After Suspension From M.S. Program Over Refusal To Counsel Gay Couples

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

“A suit was filed last week in federal district court in Missouri by a former student in the Masters in Counseling program at Missouri State University alleging that he was removed from the program because of his religious views on counseling same-sex couples on their relationships.  The complaint (full text) in Cash v. Governors of Missouri State University, (WD MO, filed 4/19/2016), alleges in part:

Plaintiff’s experience at MSU has been devastating, crushing, and tormenting, culminating in his termination from the program — all because he interned with a Christian organization and expressed his religious beliefs on a hypothetical question about counseling a gay couple on relationship issues.

… Plaintiff was targeted and punished for expressing his Christian worldview … regarding a hypothetical situation…. Since he did not give the “correct” answer required by his counseling instructors, he was considered unsuitable for counseling and terminated from the program.

Thomas More Society announced the filing of the lawsuit. AP reports on the case.”

You can learn more about this issue here.

Yessource: ABWH Interviews on 8/20/89

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: 8/3/89 Atlantic City Radio Promo

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:

What’s changed in Britain since same-sex marriage?

Every now and again I come across a fantastic article the warrants posting here; I recently came across one in The Spectator which, I thought, was pretty insightful. Be edified.

_______________

Four years ago, amid much uncertainty, 400 British members of parliament voted to redefine marriage in the United Kingdom.

Then prime minister David Cameron announced that, despite having made no mention of the issue in his party’s pre-election manifesto, it would be MP’s who decided the fate of marriage.

Now, it’s Australia’s turn to choose. There’s one key difference. Unlike in Britain, it will be the people who decide.

Everyone agrees, whether they admit it or not. This is a decision of enormous significance.

Therefore, it seems sensible to analyse the consequences of the potential change, within nations in which redefinition has previously been carried out.

In the United Kingdom, it has become abundantly clear that redefinition has affected many people, across many spheres. At first glance, these spheres appeared distinct from marriage redefinition. However, subsequent changes, have proved that they are entirely intertwined.

Gender: Current Conservative Prime Minister, Theresa May, has revealed proposals to abolish the need for any medical consultation before gender reassignment. Simply filling out an official form will be sufficient. A ‘Ministry of Equalities’ press release, explicitly announced, that the proposals were designed to: ‘build on the progress’ of same-sex marriage. Guardian journalist Roz Kaveney boasted that changing your gender is now: Almost as simple as changing your name by statutory declaration’.

Manifestations of the ‘British gender revolution’ are not difficult to find. Transport for London, have prohibited the use of the ‘heteronormative’ words, such as ladies and gentlemen. Meanwhile, universities across the nation are threatening to ‘mark down’ students, who continue to use the words ‘he’ and ‘she’. Instead, ‘gender neutral pronouns’ such as ‘ze’, must be uniformly applied.

Such gender-theory radicalism has delighted Stonewall, the UK’s largest LGBT lobby. Their Orwellian tagline: Acceptance without exception’, can be seen plastered on posters and adverts. Politicians, attempt to ‘out-radical’ one another, in the race to be an original champion, in the next emancipatory front of ‘Trans-rights’.

Freedom of religion: Much was made in the UK, about supposed exemptions, designed to ensure that believers would always be allowed to stay true to their convictions.

Four years later, the very same people who made ‘heartfelt promises’, now work tirelessly to undermine them.

Equalities minister Justine Greening, has insisted that churches must be made to: ‘Keep up with modern attitudes. Likewise, the Speaker of the House of Commons, a position supposedly defined by its political neutrality, had this to say: I feel we’ll only have proper equal marriage when you can bloody well get married in a church if you want to do so, without having to fight the church for the equality that should be your right’.

It became clear, during this year’s general election, just how militant the LGBT lobby have become, following marriage redefinition. The primary target was Tim Farron, leader of England’s third largest political party, the Liberal Democrats. High-profile journalists had heard that Farron was a practising Christian. In every single interview thereafter, they demanded to know. Did he personally believe homosexual sex to be a sin? He practically begged the commentariat, to allow him to keep his personal faith and legislative convictions separate. For decades, he pointed out, he had out vocally and legislatively supported the LGBT Lobby. Likewise, he had long backed same-sex marriage, voting for it enthusiastically. This simply was no longer enough.

Shortly after the election campaign, Farron resigned. He stated that it was now impossible, for a believing Christian to hold a prominent position in British politics.

In a heartbreaking development and in spite of Britain’s ‘foster crisis’, aspiring foster parents who identify as religious, face interrogation. Those who are deemed unlikely to ‘celebrate’ homosexuality, have had their dreams of parenthood scuppered. This month, Britain’s High Court, ruled that a Pentecostal couple were ineligible parents. While the court recognised their successful and loving record of adoption, they decreed that above all else: ‘The equality provisions concerning sexual orientation should take precedence. How has Great Britain become so twisted? Practicing Jews, Muslims, Christians and Sikhs, who want to stay true to their religious teachings, can no longer adopt children.

Freedom of speech: In the lead-up to the Parliamentary vote, we witnessed almost incomprehensible bullying. David Burrows MP, a mild-mannered supporter of the ‘Coalition for Marriage’, had excrement thrown at his house. His children received death threats and their school address was published online. Similarly, ‘Conservative’ broadcaster Iain Dale promised to, ‘publicly out’ gay MP’s, who did not vote for redefinition.

Many hardworking Brits have lost their jobs. Consider Adrian Smith, sacked by a Manchester Housing Trust, for suggesting that the state: shouldn’t impose its rules on places of faith and conscience’. Or Richard Page, fired for gross misconduct after articulating, that children might enjoy better outcomes, were they to be adopted by heterosexual couples.

Simultaneously, contrary to ‘steadfast’ government assurances, small businesses have been consistently targeted. Courts in Northern Ireland ruled that the Asher’s Family bakery had acted unlawfully. What crime committed by this tiny business? Politely declining to decorate a cake with a political message in support of same-sex marriage. The courts maintained that business owners must be compelled to promote the LGBT cause, irrespective of personal convictions.

Even the National Trust, a British institution with over 4.2 million members, has decided to join the bullying LGBT crusade. A message went out. Each of the Trust’s 62,000 volunteers, would be required to wear a compulsory same-sex rainbow badge. Those who said they’d rather not were told they would be ‘moved out of sightuntil they were prepared to publicly demonstrate inclusive tolerance.

In retrospect, the silent majority in Britain remained silent for too long. Reflecting on redefinition, Ben Harris-Quinney, Chairman of the Bow Group think tank pondered that:‘Same-sex marriage was promoted in the UK, as an issue of supposed tolerance and equality. What we have seen, is the most unequal and intolerant outcomes of any political issue in recent history’.

Children: Across the UK, ‘sex education’ has been transformed and disfigured. TV programmes, aimed at children as young as three, promote ‘gender fluidity’, as an enabler of thoughtfulness and individuality.

At the same time, Ministers have denied worried parents the right to withdraw their children from primary school classes. Meanwhile, ‘outside educators’ teach children about sex positions, ‘satisfying’ pornography consumption and how to masturbate. Concerns regarding STI’s and Promiscuity, are derided as ‘old-fashioned’.

Independent religious schools are under intense scrutiny. Dame Louise Casey, a senior government advisor, recently insisted that it is now: Not Ok for Catholic schools to be homophobic and anti-gay marriage’.
Ofsted, the body responsible for school-assessment, has been wildly politicised. In 2013, Prior to the redefinition of marriage, Ofsted visited Vishnitz Jewish Girls School. They passed the school with flying colours. In fact, they went out of their way to highlight the committed and attentive approach to student welfare and development. Four years later, Ofsted returned. This time, they failed the school on one issue alone. While again, noting that students were ‘confident in thinking for themselves‘, their report, pointed to the inadequate promotion of homosexuality and gender reassignment. As such, it was failing to ensure: a full understanding of fundamental British values’. It is one of an initial seven faith schools that face closure.

I mentioned that I was writing this article to a good friend in the Conservative Party, back at home. He expressed his genuine concern. Had I not considered the consequences? Did I not realise that what I said in Australia could be found when I returned to the UK? ‘LGBT progress is an unstoppable tide’. He assured me, that it was ok for me to ‘privately’ believe that marriage was between one man and one woman. He even privately agreed, that the stuff being taught in primary schools was too much.

But to say it out loud? To actually have it in print? It would blight my career and my personal relationships.

Good God. How much more important the institution of marriage and freedom of thought, religion and speech. How much more important the future of our children, than any naïve career ambitions I might harbour.

I urge every Aussie to examine the evidence, analysis the results and be clear about what you’re voting for. If it was solely marriage, it would worth preserving.

It’s infinitely more.

By David Sergeant and originally published in The Spectator on September 7, 2017 and can be found here.

 

Vacant Property is Irredeemable after Sheriff Sale, Commonwealth Court Rules

If one wishes to take advantage of his right to redeem a piece of real estate subsequent to a sheriff’s sale, it is critical to act in a timely manner, otherwise one may miss the opportunity to do so.

53 P.S. Section 7293 lays out the time line to take action in redeeming a property; however, there was some ambiguity in precisely interpreting just when the deadlines occur. The Court, in the recent matter, and case of first impression, Brentwood Borough School District v. HSBC Bank USA, 111 A.3d 807, helped clarify some of the aforesaid ambiguity.

In Brentwood, Defendant HSBC is the mortgagee on a property which was sold at sheriff’s sale to a third party called Grove Properties, Inc. due to delinquent taxes. Within about five months, HSBC filed to redeem the property pursuant to 53 P.S. Section 7293(a). According to 53 P.S. Section 7293(a), a party must file to redeem a property within nine months from the date of the acknowledgment of the Sheriff’s Deed which conveys a property following a sheriff’s sale.  The trial court ruled against HSBC on this issue, asserting that HSBC only had ninety days to file to redeem, however on appeal the Commonwealth Court realized the trial court mistakenly applied the time line laid out in 53 P.S. Sections 27101-27605, and reversed the ruling of the trial court and confirmed the nine month time period.

The primary issue the Court focused upon was whether the property was vacant pursuant to 53 P.S. Section 7293(c), which made the case one of first impression. Section 7293(c) states that “there shall be no right of redemption of vacant property by any person after the date of the acknowledgment of the sheriff’s deed therefor.” Defendant argued that the property was not vacant because the occupant of the property at issue only temporarily stayed at her friends’ house to save money. She also left her belongings at the subject property. Based on the above, the Defendant asserted that, at most, the occupant of the property was only temporarily absent from it, which does not constitute its vacancy, as a property cannot be vacant if its occupant intends to return. In support of its argument, Defendant cited to how the term “occupied” is used in other cases and statutes.

The Court ruled that the term “occupied” must first be interpreted in the context of the Municipal Claims and Tax Liens statute (i.e.: 53 P.S. Section 7101 et seq). Pursuant to that statute the occupancy must be as a residence and not as a storage unit. Per the Court, the purpose of the statute is to increase the collection of taxes and to free land to bear its share of the tax burden. As a result, the Court reasoned, the statute must be interpreted to take consideration of the ability of the municipality to convert a house sold at sheriff’s sale back to productive use as quickly as possible.  Therefore, the Court deduced that the legislature intended the redemption period should be brief which, in this case, is nine months’ time.

The Court observed that “occupied” is a factual determination to be made and applied on a case-by-case basis. The factors to consider in looking at a case include: “whether anyone was habitually physically present at the property, i.e., regularly sleeping and eating there and using it as a place to dwell; whether any lack of physical presence was due to temporary illness, travel or renovation; whether the property was unsecured, damaged or uninhabitable; and whether the basic and necessary utilities such as water, electric and gas were operational.” The instant matter revealed a property which had no person habitually present in it before the sale. It had no running hot water or gas and, therefore, no means to bathe or cook, essentially making it uninhabitable.  Further, it also revealed that the occupant simply could not afford to reside at the property any longer. As a result, the Court resolved that the property was unoccupied. As the property was unoccupied, Defendant could not redeem the property after the date of the acknowledgment of the sheriff’s deed under the statute.

In light of the above, Defendant argued that disallowing them from redeeming the property was unjust as it “could not reasonably be deemed to be on notice that while [the occupant] kept all her belongings at the Property and frequently returned to the Property that she would later claim that she did not reside there anymore, and Defendant would suddenly be precluded from redeeming its interest in the Property.” The Court was not convinced. The Court was satisfied that the Defendant received all required statutory notices under the applicable law.

In sum, the Court ruled that the statute at issue is designed for a speedy and efficient process to return a property sold at sheriff’s sale to productive use and a property with no working utilities and no one physically inhabiting the property is vacant (or unoccupied) despite the occupant’s intention to move back in or leaving her belongings in the property.

Originally published on October 3, 2017 in Upon Further Review and can be viewed here.

Yessource: Live in Harrisburg on 8/2/89

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:

Post Navigation