Dear Justice Kavanaugh – Impact and Intent

December 8th, 2021

Dear Justice Kavanaugh,

Thank you for your public remarks with reference to a number of landmark cases. I’m an avid proponent of legal analysis that takes place on multiple levels. Original intent must be discussed alongside of the potential, modern uses of a law to determine desirable expansions or limits upon these mandates. It’s best to postulate diverse outcomes in advance of errors taking place as laws are adopted.

I’m a second generation New Yorker, the granddaughter of refugees from Eastern European shtetls and a slave in Lenin’s army. My ancestors always lived under ‘settled law’, more than 3,000 years old. Apart from attacks by the majority community outside Jewish towns, there was little crime and disputes were arbitrated by legal scholars known as rabbis. Under harsh conditions, my grandparents made their way to New York in order to raise children and mystify their grandchildren with (limited) tales of our history. The purpose of these learned men and women taking passage to America was not to enter a Republic but to acquire access to Constitutional Law and economic opportunity. History demands that civilized persons be able to separate law from economics.

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JUSTICE, JUSTICE TO THE FAR AND NEAR – THE CASE FOR RELIGIOUS COURTS

December 4th, 2021

In the annals of litigation history, many stories have attached themselves to judicial forms of responsibility under Mr. Mason’s Bill of Rights (1) in the United States. Unfortunately, some have become themes of comedy routines due to the short attention span of most listeners/readers of news bytes. How is it that when followers of the US news media hear about court cases, they mainly remember LGBTQ patrons being refused service for wedding cakes (2), (3), as a defining moment in law? What about major issues couched in events also open to ridicule, like suing a McDonalds’ because you were burned after spilling hot coffee (4), (5), on yourself? What a surprise! Coffee is hot? Ha, Ha, Ha.

Modern systems of justice all harken back to Moses, as the Children of Israel prepared to enter the “Promised Land”. The wise counsel of his father-in-law led Moshe, the sole ‘proprietor’ of the Israelite judiciary, to have more advocates for justice chosen by their respective tribal relations. The move guaranteed immediate access to justice when disputes arose. Delay was believed intolerable (6).

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THE FEARLESS BIOLOGY TEACHER – Evolution Together With Creationism in the Classroom

January 6th, 2020

For those unfamiliar with my background as a teacher, I wrote an article entitled, “A Fearless Classroom” over at Lulu dot com. The twelve page download for college and university teachers is free and details how to create an anxiety-free environment for learning in higher education. While I believe our higher education system operates in an unconstitutional manner and abuses the taxpayers, I’m a firm believer in public universities insofar as those educate our students in other ways than private universities. I hope to publish those ideas in a book this year. For the present, my ‘Fearless’ series will soon add a unit on ‘Fearless Faith’ (religious tourism) and the following unit (Part I) regarding the teaching of ‘creationism’ alongside evolution in the schools without a constitutional crisis emerging or forcing biology teachers to cringe with embarrassment when beginning this unit. Thanks for returning to this neglected blog.

PART I of The Fearless Biology Teacher – Evolution Together With Creationism in the Classroom by Barbara Rubin, M.A.

INTRODUCTION

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‘Never’, Still Happens

February 7th, 2019

‘Never again’. That was the cry of nations in the wake of the discovery of the concentration camps. From Dachau (1933) to Majdanek/Lublin, (fully operational by 1943), these novel compounds were the newest development in prison efficiency, as long as your industry was named, ‘Death’. The courts at Nuremberg and the Hague; the United Nations Security Council and peace-keeping forces; these were dedicated to ending carnage that wasn’t merely ‘warfare’ between entities. Fascism is largely devoted to the genocide of the ‘other within’, creating any divide amongst the populace of a state that didn’t naturally exist from the onset.

‘Never again’, was also the short-term state of shock that caught up with the world in 1945. It was closely followed by the realisation that food and jobs were the stock and trade of fascists. Lenin had starved ten million Russians by his take-over of agricultural lands. Stalin is ‘credited’ with the improbable number of twenty million deaths throughout his range of influence, attributable to WW II combat losses and the subjugation of Ukrainian and Eastern European residents. With the world in denial regarding the threat of communists who voluntarily surrender themselves to fascists, Mao starved 45 million Chinese. After that imitation of Lenin’s movement of ‘his’ population to urban environs, there could be no surprise when Pol Pot enslaved all of Cambodia. The Vietnam war led us to drop any pretence that a Geneva Convention existed for prisoners of war – either cold or hot in nature. Senator John McCain enlightened us after choosing to remain with his men, despite the early release offered him by dint of his family’s position in America.

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Conflicts Within

January 24th, 2019

United States Law is being challenged by the very persons paid Federal wages. We first saw criminal law enforcement at a State level, (Maryland), flouted in the Kavenaugh ‘job interview’, before the Senate judiciary committee. The lessons of the approval process for our newest Supreme Court justice will last for many years. Criminal charges are to be investigated by police and/or a District Attorney before the legitimacy of purported crimes committed in a given place are blazoned before the public. The last post on this blog spoke to the issue.

Now we see the Boycott, Sanction and Divestment movement against Israel once again brought before the public, this time by junior Congresswoman Talib. Senator Rubio of Florida, as others have done before him, justifiably terms her push as anti-Semitic. His views are well supported but the charge of anti-Semitism would be a matter for the Congress and her constituency to determine for purposes of censure or recall. Most importantly, Ms. Tlaib may be in violation of one or more United States federal laws.

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Dear Senate Judiciary Committee,

October 1st, 2018

Dear Judiciary Committee,

The first Monday of October seems an appropriate day to pose these questions. While admittedly naive in the ways of senate deliberations, my belief in the activities of the Judiciary Committee was that you ensure the means by which our constitutional republic is maintained. I must request you review your own activities in a closed session because there appeared to be gross violations of legal and judicial process, serving only to appease the public mood. Agreed to by the anxious candidate for an esteemed position on our Supreme court, are we viewing Republican or Rino sponsored ( Republican in name only) events unfolding here?

First, Ms. Feinstein should have known that the state where the alleged crime took place has no statute of limitations for sexual violence. Therefore, the District Attorney should have been given this information. That office is empowered to investigate and prosecute crimes under their jurisdiction without the cooperation of the victim. Ms. Ford did not lodge a civil complaint between herself and Judge Kavenaugh. She has made statements alleging a crime took place against the State of Maryland. As there was no interstate criminal activity described, the FBI does not have jurisdiction beyond your own request to conduct interviews.

Procedural mandates under the criminal code makes your choice to open the inquiry to television cameras appear to be a sop to troubled individuals. Having ‘your say’ may momentarily relieve tensions within a segment of the population but you are not psychologists. Sexual violence will only be reduced in frequency when action is taken that holds persons accountable for their deeds.

While Judge Kavenaugh wisely refrained from listening to her statements for immediate response outside a proper legal framework, he still agreed to participate in this violation of a system he has long protected. Held up to the contempt of the public, the judge’s ‘job interview’ instead damaged the system of judicial oversight that balances the legislative and executive branches of leadership. Unless proven, this committee accepted libellous documents that should only have been reviewed in a closed session. I did not listen to the testimony because, at this stage, it is mere slander. There are many support groups for battered women but legal venues are not ‘support’ bodies. They are investigative and must lead to resolutions.

I hope law journals will weigh in with their views (not the Bar Association that today is merely a legal employment agency). Rushing an appointment through for political reasons, subverts the purpose of having the Court advise the States about their legislative and judicial practices. A minority myself, I have been excluded from the Justice system on more than one occasion (noted in this blog). Gross deviations from due process at the top should not be encouraged.

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A Plea Regarding Plea Bargains

September 14th, 2018

Under fascist regimes, arrest rarely meant a trial was forthcoming. In Stalin’s ‘conveyor belt’ of judicial process, the arrestee was told the charge and asked whether he wanted to plead guilty before or after weeks of torture. Then the death sentence was carried out once the signature was applied to the confession.

Our system of plea bargaining is weakened by its informal nature and questionable constitutionality. Further, judges are not bound to agreements between suspects and lawyers, be those D.A.s or defense attorneys. In one famous illustration, Jonathan Pollard leaked information to a friendly government regarding terrorist bases threatening that ally. With that government entitled to the information by treaty, the leak could not be termed treason. Precedents existed with similar cases resulting in prison sentences of three to six years. Rather than face a trial on charges of treason, a plea bargain in line with the precedents was arranged for Mr. Pollard.

The judge threw out the planned deal but accepted the guilty plea. A life sentence was mandated and Mr. Pollard, in very poor health, was paroled after serving thirty years in solitary confinement. Given the nature of our judicial intent, perhaps a plea bargain that is thrown out by a judge should automatically invalidate the fear-induced confession leading to that deal. A trial should then proceed using the lesser charges, agreed to by the prosecutor, who believed those were sufficient at the time of the deal.

Our judges are often at odds with systems that propel suspects directly to confessions and require them to examine the issues piecemeal, outside of a courtroom. I would not want to see judges coerced into the conveyor belt model nor given the option of unilateral decision-making. The nature of a case that cannot be appealed by virtue of studying a trial transcript, severely hampers our democracy. Transcripts tell us truths and uncover perjury. The deals also lead to generations of lawyers who have never practiced real trial law. Without trial experience, we seriously reduce the pool of lawyers who will eventually become judicial candidates.

Its time to challenge the constitutionality of plea bargains from many perspectives.

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Aren’t There Female Engineers in the House?

September 5th, 2018

I head for the best climates of each season and spent this summer visiting several cities in the U.S.A. , not previously on my travel agenda. The males may not want to read further but should be informed that their input how women’s rest rooms are built is inadequate.

Alright, it’s an abject failure!

A glaring error in design, modern toilets empty on an automatic basis. Women are literally sitting over a geyser, and a less than sanitary fountain at that! Travel is inconvenient at best without dealing with rest rooms requiring you bring duct tape and plastic sheeting with you. My creative way to resolve the problem involves post-it notes to rest upon the flush censor or use stickers from children’s toys to paste over the button. There is also simple scotch tape and paper, when TSA hasn’t parted the sharp edge of the tape roll from the other belongings in my backpack.

The year is 2018 and we have space stations, but few women’s bathrooms to safeguard our physical health. Let’s leave the geysers in Yellowstone National Park and allow still bathroom waters to run at our will!

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Advance the Constitution – Our Civil Courts

August 9th, 2018

I live part of each year in the Middle East where the justice system of the nation of Israel has been in development for over 3000 years. Firmly established by the time democracy ultimately combined with a justice system in the Western world, there should be no surprises in the realisation that the United States court system remains an immature one. Still, the effort required to raise United States standards to provide for the equal treatment under the law for all who dwell here, is easily within reach. This post is an outline of how we may advance the constitutional practice of civil law without limiting court access to the poor.

Today, lawyers trust that their colleagues will not allow the justice system to challenge their oratory abilities. Trading the time-honored practice of presenting adversarial positions before the bench, the client is the new adversary in both criminal and civil cases. Accommodating generations of lawyers, who’ve successfully avoided taking cases to trial, speaks volumes regarding a growing contempt for clients.

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Dear Senator Rand Paul, regarding the CIA nominee,

March 20th, 2018

I wanted to contact you about your position on the replacement for head of the CIA. A dual national of the USA, along with Israel, the latter (‘start-up nation’) has a position against the use of torture that is generations long. I would hope that the USA, or ‘up-start nation’, would tell Congress that no new head of the CIA would be appointed until the Congress votes to defund Guantanamo Bay.

Have you visited Dachau Concentration Camp museum in Munich yet? The essential basis for this first (1933) camp was not just to kill. The purpose was to train the most educated and civilized group of Europeans to torture and murder. It takes a lot of conditioned fear to get a family man with a college degree to blow the head off of an infant in front of it’s mother. Based upon the 1920 platform of the escapees of the Weinmar Republic based in Brazil, the new SS party would guarantee jobs and food to the German people in a manner promised by traditional communist governments. Like Russia, the SS immediately referred to Jews and other ‘aliens’ (with generational citizenship) as targets for elimination to ensure the adequacy of supplies.

Guantanamo Bay is a modern day Dachau funded with US dollars. Regardless of the desire for revenge upon terrorists, torture so demeans those who do/enable the practice that we prove ourselves a fascist entity through this prison built to teach our educated hirees to torture others. The numbing of human feeling for the tortured has led to tolerance of torture in domestic prisons and even the turning of a blind eye to the huge incidence of preventable diseases in our midst.

Please delay the appointment until the practice so abhorrent to yourself is ended. I’m sure Elisha Weisel of the Simon Weisenthal Foundation would speak to the Senate on this matter. Thank you for your time and effort on behalf of United States’ citizens.

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