As a child of the segregated South in his 50s, I have to say that this is a day I never thought I would witness. There are many difficult days ahead and much repentance to be done by a nation that has ignored its Constitution and founding principles on its road over the past eight years to becoming a torture nation ---- but today, let us celebrate and offer a smile to the cosmos . . . . . .
Now even as we speak, there are those who are preparing to divide us -- the spin masters, the negative ad peddlers who embrace the politics of "anything goes." Well, I say to them tonight, there is not a liberal America and a conservative America -- there is the United States of America. There is not a Black America and a White America and Latino America and Asian America -- there’s the United States of America.
The pundits, the pundits like to slice-and-dice our country into Red States and Blue States; Red States for Republicans, Blue States for Democrats. But I’ve got news for them, too. We worship an "awesome God" in the Blue States, and we don’t like federal agents poking around in our libraries in the Red States. We coach Little League in the Blue States and yes, we’ve got some gay friends in the Red States. There are patriots who opposed the war in Iraq and there are patriots who supported the war in Iraq. We are one people, all of us pledging allegiance to the stars and stripes, all of us defending the United States of America.
In the end -- In the end -- In the end, that’s what this election is about. Do we participate in a politics of cynicism or do we participate in a politics of hope?
I’m not talking about blind optimism here -- the almost willful ignorance that thinks unemployment will go away if we just don’t think about it, or the health care crisis will solve itself if we just ignore it. That’s not what I’m talking about. I’m talking about something more substantial. It’s the hope of slaves sitting around a fire singing freedom songs; the hope of immigrants setting out for distant shores; the hope of a young naval lieutenant bravely patrolling the Mekong Delta; the hope of a millworker’s son who dares to defy the odds; the hope of a skinny kid with a funny name who believes that America has a place for him, too.
Hope -- Hope in the face of difficulty. Hope in the face of uncertainty. The audacity of hope!
In the end, that is God’s greatest gift to us, the bedrock of this nation. A belief in things not seen. A belief that there are better days ahead.
Tuesday, January 20, 2009
History, Joy, & Pride
I will be taking my lunch early today to watch Barack Obama be sworn in as President of the United States of America. Today is monumental for our country. We have taken a great step forward. I feel pride in what we have done. I am joyous for change. I will be celebrating the greatest thing about America - the rule of law. We shall witness the peaceful transfer of power today and you don't see that happen in any country with the might and power we possess.
The road ahead for the new President is very difficult, but I am optimistic we shall be better off under his leadership.
The road ahead for the new President is very difficult, but I am optimistic we shall be better off under his leadership.
Monday, January 19, 2009
The Blue Ball - Final Reminder
The Blue Ball is an inauguration celebration featuring a dance party with DJ Apryl Reign, food catered by Melt and The Hideaway, games, prizes, special guests and drinks. Guests are encouraged – but not required – to wear formal attire.
The Blue Ball has no cover charge, but we will be accepting donations of non-perishable food items and cash to benefit the Freestore Food Bank.
The Blue Ball is a nonpartisan event celebrating a once-in-a-lifetime historical milestone. Whether your politics are red, blue, green or somewhere in between, you are all invited to celebrate this historic moment with great music, among good friends.
“We hope that everyone feels welcome at this party, regardless of political affiliation,” says Eric Appleby, co-host of The Blue Ball. “Ultimately, the inauguration isn’t about winning or losing. When you consider the recent coups and ongoing chaos in other countries, you realize that the peaceful transfer of power is a pretty remarkable part of our democracy.”
“In the end, that's what this election is about. Do we participate in a politics of cynicism or a politics of hope?” – Barack Obama
Event Details
What: The Blue Ball
Who: Cincy Rocks Obama and you!
Where: Northside Tavern, 4163 Hamilton Avenue, Cincinnati, Ohio.
When: Tuesday, January 20, 2009 at 8 pm.
Why: To celebrate the inauguration of the 44th President of the United States and the
historical mandate for change
More info: www.cincyrocksobama.com
Cincy Rocks Obama unites local musicians, fans & friends to REGISTER, EDUCATE, & MOTIVATE voters for Obama.
The Blue Ball has no cover charge, but we will be accepting donations of non-perishable food items and cash to benefit the Freestore Food Bank.
The Blue Ball is a nonpartisan event celebrating a once-in-a-lifetime historical milestone. Whether your politics are red, blue, green or somewhere in between, you are all invited to celebrate this historic moment with great music, among good friends.
“We hope that everyone feels welcome at this party, regardless of political affiliation,” says Eric Appleby, co-host of The Blue Ball. “Ultimately, the inauguration isn’t about winning or losing. When you consider the recent coups and ongoing chaos in other countries, you realize that the peaceful transfer of power is a pretty remarkable part of our democracy.”
“In the end, that's what this election is about. Do we participate in a politics of cynicism or a politics of hope?” – Barack Obama
Event Details
What: The Blue Ball
Who: Cincy Rocks Obama and you!
Where: Northside Tavern, 4163 Hamilton Avenue, Cincinnati, Ohio.
When: Tuesday, January 20, 2009 at 8 pm.
Why: To celebrate the inauguration of the 44th President of the United States and the
historical mandate for change
More info: www.cincyrocksobama.com
Cincy Rocks Obama unites local musicians, fans & friends to REGISTER, EDUCATE, & MOTIVATE voters for Obama.
Saturday, January 17, 2009
Kennedy Case Continues On Alternate Trajectory
Last month, I suggested that the criminal assault case against Andy Kennedy is proceeding differently than it would if Kennedy were an indigent defendant. That trend seems to be continuing.
The case against Kennedy has been scheduled for a jury trial in April. At Kennedy's request, the court granted a three-month continuance so that the case would not be heard before the conclusion of the NCAA Men's Basketball Tournament. (That is, perhaps, awfully optimistic on Kennnedy's part. His Rebels haven't made the tournament since 2002. Assuming the SEC gets 6 teams into the tourney this year, Mississippi, at 10-6 overall and 1-1 in the conference, won't be one of them without significant improvement.)
While a court will generally do what it can to accommodate a defendant's work schedule, a three-month continuance is relatively rare and would have had to be specifically approved by the court. Generally, municipal court dates are set by the Office of the Assignment Commissioner. Currently, someone who goes there to set a court date can get a date in January, February, or March; April is not yet "open" by the AC. The municipal court judge handling Kennedy's case had to instruct the AC to set the case in April, or it would not have done so. Perhaps the trial should have been set in March, with an understanding it would be continued if Kennedy's team made the tournament.
The civil attorneys who have jumped into the fray, both on behalf of Kennedy and on behalf of the two people he's sued for defamation (the cab driver Kennedy allegedly assaulted and a valet who claims to have seen the alleged assault). On December 22 (just four days after the alleged assault and alleged defamation), Kennedy amended his complaint, adding as a plaintiff his wife, who claims to have suffered a loss of consortium as a result of the alleged defamation.
Really? Loss of consortium in four days? Kennedy will need an expert to explain to the civil jury why the deterioration of his marriage is a result of the assault allegation, rather than Kennedy's professional frustration with his team's mediocre performance (including his team's December 18 loss to Louisville). If I were a more irresponsible blogger, I might suggest that folks send Kennedy self-help books on marriage and relationships to his office at Ole Miss. You just hate to see anyone lose consortium, after all. But that would be a bad idea, so I won't.
Kennedy's accusers have decided not to be left out, either. The Enquirer reports that the cab driver has countersued Kennedy for the alleged assault, and the valet has countersued for damages pertaining to Kennedy's purportedly frivolous defamation suit.
It's good to see that at least we lawyers aren't suffering in the weak economy.
The case against Kennedy has been scheduled for a jury trial in April. At Kennedy's request, the court granted a three-month continuance so that the case would not be heard before the conclusion of the NCAA Men's Basketball Tournament. (That is, perhaps, awfully optimistic on Kennnedy's part. His Rebels haven't made the tournament since 2002. Assuming the SEC gets 6 teams into the tourney this year, Mississippi, at 10-6 overall and 1-1 in the conference, won't be one of them without significant improvement.)
While a court will generally do what it can to accommodate a defendant's work schedule, a three-month continuance is relatively rare and would have had to be specifically approved by the court. Generally, municipal court dates are set by the Office of the Assignment Commissioner. Currently, someone who goes there to set a court date can get a date in January, February, or March; April is not yet "open" by the AC. The municipal court judge handling Kennedy's case had to instruct the AC to set the case in April, or it would not have done so. Perhaps the trial should have been set in March, with an understanding it would be continued if Kennedy's team made the tournament.
The civil attorneys who have jumped into the fray, both on behalf of Kennedy and on behalf of the two people he's sued for defamation (the cab driver Kennedy allegedly assaulted and a valet who claims to have seen the alleged assault). On December 22 (just four days after the alleged assault and alleged defamation), Kennedy amended his complaint, adding as a plaintiff his wife, who claims to have suffered a loss of consortium as a result of the alleged defamation.
Really? Loss of consortium in four days? Kennedy will need an expert to explain to the civil jury why the deterioration of his marriage is a result of the assault allegation, rather than Kennedy's professional frustration with his team's mediocre performance (including his team's December 18 loss to Louisville). If I were a more irresponsible blogger, I might suggest that folks send Kennedy self-help books on marriage and relationships to his office at Ole Miss. You just hate to see anyone lose consortium, after all. But that would be a bad idea, so I won't.
Kennedy's accusers have decided not to be left out, either. The Enquirer reports that the cab driver has countersued Kennedy for the alleged assault, and the valet has countersued for damages pertaining to Kennedy's purportedly frivolous defamation suit.
It's good to see that at least we lawyers aren't suffering in the weak economy.
Friday, January 16, 2009
Clever Mischief Closes Mason Schools
The Enquirer reports that Mason schools were forced to close today because last night, someone snuck into the bus garage and unplugged the school buses. The diesel-fueled engines use engine block heaters overnight to keep the engines warm enough to start in the morning.
When the culprits are caught, there's no doubt we'll be treated to a chorus of hand-wringing by school officials (and, perhaps, the Warren County Prosecutor) over what a terrible offense was committed. I can't help thinking, though, about how clever it is.
The Enquirer refers to the act as one of "vandalism." While that may be true in a colloquial sense, I'm not sure that what happened could be prosecuted as vandalism. That crime requires a showing of physical harm to property. Assuming the engines weren't damaged (and I think they weren't--they should be fine once they warm up again), there's no physical harm.
Of course, the miscreants committed a trespass (a fourth degree misdemeanor, punishable by up to thirty days in jail). Perhaps unauthorized use of property (also a fourth degree misdemeanor) or criminal mischief (a third degree misdemeanor, which carries up to sixty days) would fit the circumstances. But there don't seem to be any other, more serious charges available.
When I heard what happened, I immediately thought of the scene in Bull Durham when Kevin Costner's character turns on the sprinklers at a ballpark overnight to force a rainout. While we can't condone the conduct of the kids that pulled the plugs, we can admire their ingenuity.
UPDATE: The Enquirer now reports "Mason school officials here [sic] say they suspect students were behind" the unplugging of the engine block heaters. My response: Wow....that's a stunningly brilliant piece of detective work. Kids: Lawyer up, quick!!!
When the culprits are caught, there's no doubt we'll be treated to a chorus of hand-wringing by school officials (and, perhaps, the Warren County Prosecutor) over what a terrible offense was committed. I can't help thinking, though, about how clever it is.
The Enquirer refers to the act as one of "vandalism." While that may be true in a colloquial sense, I'm not sure that what happened could be prosecuted as vandalism. That crime requires a showing of physical harm to property. Assuming the engines weren't damaged (and I think they weren't--they should be fine once they warm up again), there's no physical harm.
Of course, the miscreants committed a trespass (a fourth degree misdemeanor, punishable by up to thirty days in jail). Perhaps unauthorized use of property (also a fourth degree misdemeanor) or criminal mischief (a third degree misdemeanor, which carries up to sixty days) would fit the circumstances. But there don't seem to be any other, more serious charges available.
When I heard what happened, I immediately thought of the scene in Bull Durham when Kevin Costner's character turns on the sprinklers at a ballpark overnight to force a rainout. While we can't condone the conduct of the kids that pulled the plugs, we can admire their ingenuity.
UPDATE: The Enquirer now reports "Mason school officials here [sic] say they suspect students were behind" the unplugging of the engine block heaters. My response: Wow....that's a stunningly brilliant piece of detective work. Kids: Lawyer up, quick!!!
Thursday, January 15, 2009
It's Cold, Bundle Up!
In case you are living in a cave, please take notice it is very cold out today and will be very cold again tomorrow. If you are indeed living in a cave, you must be really freaking cold right now.
Monday, January 12, 2009
Happy Birthday, Brian!!!!
I thought we needed a thread so that people could wish Griff a happy 37th birthday.
Happy birthday, Brian!
Happy birthday, Brian!
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