Crooked hats and feeding tubes.

(You can probably find the original text to this cached somewhere ... but I was being flippant and sometimes that isn't always appropriate. No one complained - just a little self-censorship.)

Indians waited too long.

That's the sense of the USSC 8-1. In an opinion issued today concerning the Oneida Indians of upstate New York, the Court rejected their attempt to assert claims over the 6,000,000 acres they once owned. Holding: "Given the longstanding, distinctly non-Indian character of central New York and its inhabitants, the regulatory authority over the area constantly exercised by the State and its counties and towns for 200 years, and the Oneidas’ long delay in seeking judicial relief against parties other than the United States, standards of federal Indian law and federal equity practice preclude the Tribe from unilaterally reviving its ancient sovereignty, in whole or in part, over the parcels at issue. The Oneidas long ago relinquished governmental reins and cannot regain them through open-market purchases from current titleholders."

You got claims, you better make them timely ... hanging out is going to prejudice you.

The entire opinion can be read here.

Veterans Memorial Protection Act

I check referrals to this blog from time to time. The other day I noticed a google referral from the search string "Veterans Memorial Protection Act." I didn't pay any further attention until I saw another one today. So I clicked on it to see where I land on google with that string ... to my shock and awe, first!!!

That is rather silly seeing I only mentioned the Act in a list of acts which Kerry backed. Regardless, if two people on a couple days visit me while researching the Act, I feel a duty to give you something to read. Besides, my dad was a war-time vet, my father-in-law was wounded in war-time, and my best friend's daddy was a POW.

The Veterans Memorial Protection Act was pushed since 1995 by Congresswoman Nita Lowry (D-NY18) (so she says on her website, but nothing shows in the Congressional Record until July 25, 1996, under the name "Veterans Cemetery Protection Act"; use of VMPA doesn't appear until May 1, 1997). Senator Larry Craig (R-ID) was a later supporter, but instrumental in the Senate.

As is common, an incident occurred in 1995 and everyone was amazed to learn that no special penalty awaited the offenders. In this instance, plaques were stolen from a Yonkers memorial that listed the names of Americans who died in the Vietnam War. This crime should be more than simple vandalism, more than petty theft. In the late 1800's, it would have been a hangin' offense. So the Veterans Memorial Protection Act was born. The Veterans Cemetery Protection Act was born out of vandalism at Arlington.

So here's the operative portions of the Veterans Memorial Protection Act:

SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION OF VETERANS' MEMORIALS.

(a) IN GENERAL.--Chapter 65 of title 18, United States Code, is amended by adding at the end the following:``§1369. Destruction of veterans' memorials

``(a) Whoever, in a circumstance described in subsection (b), willfully injures or destroys, or attempts to injure or destroy, any structure, plaque, statue, or other monument on public property commemorating the service of any person or persons in the armed forces of the United States shall be fined under this title, imprisoned not more than 10 years, or both.

``(b) A circumstance described in this subsection is that--

``(1) in committing the offense described in subsection (a), the defendant travels or causes another to travel in interstate or foreign commerce, or uses the mail or an instrumentality of interstate or foreign commerce; or

``(2) the structure, plaque, statue, or other monument described in subsection (a) is located on property owned by, or under the jurisdiction of, the Federal Government.''.

Post-Terri

You want to avoid having a family battle like Terri Schiavo's? Save all of us the grief of listening to media talking heads ad nauseum? Then do a Durable Power of Attorney with Health Care Provisions and an Advance Directive (aka Living Will). Who cares if it indicates your true desires under some future unknown and unknowable situation - just do it and spare us the agony.

I do not practice law anymore, but here's a DPOA form that I used to use. I make no representations that it is good now or ever was, or that it will be valid in your state or in your situation. Use it to identify the issues that you need to document, then consult an attorney, buy a $19.95 "I'm gonna die soon" software package, or just fill in the blanks and hope for the best.

Let's be clear: I do not stand behind this form. Don't ask. Don't allege. Just take the free form and move along.

If you have some time before your incapacitation - like you are going in for an operation or the plane you are on is crashing very slowly - then be sure to speak with the risk management department of the hospital and use their forms (or if you are in the plane, call ahead).

For an Advance Directive, they are all over the net ... this one prepares a form valid state by state (you tell it where it will be signed)... and here is a more detailed discussion.

Here's the DPOA form:

Durable Power of Attorney With
Health-Care Provisions

I, _____________________, of ____________ County, Pennsylvania, do hereby appoint the following person as my true and lawful attorney-in-fact (hereinafter referred to as "my agent") with full power of substitution, for me and in my name, to make medical and related decisions and act for me if I am no longer able to take part in such decisions:

Name:

If the person so appointed is unable or unwilling to serve or, once having qualified, is unable or unwilling to continue to serve, I appoint the following person as my agent:

Name:

This power shall be effective during any subsequent disability or incapacity. All acts done by my agent pursuant to this power during any period of my disability or incapacity shall have the same effect and inure to the benefit of and bind me and my successors in interest as if I were competent and not disabled.

Health-Care Provisions

In the exercise of the following powers, I direct my agent to consult with my primary-care physician or, if he or she is not available, the physician supervising my medical care at the time that a decision is required. However, the decision of my agent will be determinative.

My agent shall have the following powers:

1. Access to My Medical and Other Personal Information. To request, review, and receive any information, verbal or written, regarding my personal affairs or my physical or mental health, including medical and hospital records, and to execute any releases or other documents that may be required in order to obtain this information.

2. Employ and Discharge Others. To employ and discharge physicians, psychiatrists, dentists, nurses, therapists and other professionals as my agent deems necessary for my physical, mental and emotional well-being; and to pay them, or any of them, reasonable compensation.

3. Consent, or Refuse Consent, to My Medical Care. To give or withhold consent to my medical care, surgery or any other medical procedures or tests; to arrange for my hospitalization, convalescent care or home care; and to revoke, withdraw, modify or change consent to my medical care, surgery, or any other medical procedures or tests, hospitalization, convalescent care, or home care which I or my agent may have previously allowed due to emergency conditions. I ask my agent to be guided in making such decisions by the personal preferences I have expressed regarding such care. Based on those same preferences, my agent may also summon paramedics or other emergency medical personnel and seek emergency treatment for me, or choose not to do so, as my agent deems appropriate given my wishes and my medical status at the time of the decision. My agent is authorized, when dealing with hospitals and physicians, to sign documents titled or purporting to be a "Refusal to Permit Treatment" and "Leaving Hospital Against Medical Advice" as well as any necessary waivers of or releases from liability required by the hospitals or physicians to implement my wishes regarding medical treatment or non-treatment.

4. Consent, or Refuse Consent, to My Psychiatric Care. Upon execution of a certificate by two (2) independent psychiatrists who have examined me, and in whose opinion I am in immediate need of hospitalization because of mental disorders, alcoholism or drug abuse, to arrange for my voluntary admission to an appropriate hospital or institution for treatment of the diagnosed problem or disorder; to arrange for private psychiatric and psychological treatment for me; to refuse consent for any such hospitalization, institutionalization, and private psychiatric or psychological care; and to revoke, modify, withdraw or change consent to such hospitalization, institutionalization, and private treatment which I or my agent may have given at an earlier time.

5. Provide Relief From Pain. To consent to and arrange for the administration of pain-relieving drugs of any type, or other surgical or medical procedures calculated to relieve my pain even though their use may lead to permanent physical damages, addiction or even hasten the moment of, but not intentionally cause, my death.

6. Protect Rights of Privacy. To exercise my right of privacy to make decisions regarding my medical treatment and my right to be left alone even though the exercise of my right might hasten death or be against conventional medical advice. My agent may take appropriate legal action, if necessary to enforce my right in this regard.

7. Third Party Reliance. For the purposes of inducing any physician, hospital, or other party to act in accordance with the powers granted in this document, I hereby represent, warrant and agree that:

A. If this document is revoked or amended for any reason, I, my estate, my heirs, successors, and assigns will hold such party or parties harmless from any loss suffered, or liability incurred, by such party or parties in acting in accordance with this document prior to that party's receipt of written notice of any such termination or amendment or has actual notice of my death.

B. The powers conferred on my agent by this document may be exercised by my agent alone and my agent's signature or act under the authority granted in this document may be accepted by third parties as fully authorized by me and with the same force and effect as if I were personally present, competent, and acting on my own behalf.

C. No person who acts in reliance upon any representation my agent may make regarding the scope or authority granted under this document shall incur any liability to me, my estate, my heirs, successors or assigns for permitting my agent to exercise any such power.

D. All third parties from whom my agent may request information regarding my health or personal affairs are hereby authorized and directed to provide such information without limitation and are released from any legal liability whatsoever to me, my estate, my heirs, successors or assigns for complying with my agent's requests. With specific reference to medical information, including information about my medical condition, I am hereby authorizing in advance all physicians and psychiatrists who have treated me, and all other providers of health care, including hospitals, to release to my agent all information and photocopies of any records which may be requested. If I have the capacity to confirm this authorization at the time of the request, third parties may seek such confirmation from me if they so desire. If I do not have the capacity to make such a confirmation, all physicians, hospitals, and other health-care providers are hereby authorized to treat me agent's request as that of a legal representative of an incompetent patient and to honor such requests on that basis. I hereby waive all privileges which may be applicable to such information and records, and to any communication pertaining to me and made in the course of a lawyer-client, physician-patient, psychiatrist-patient, clergyman-pentient, or sexual assault victim-counselor relationship.

E. My agent shall have the right to seek court orders mandating appropriate acts is a third party refuses to comply with actions taken by my agent which are authorized by this document, or enjoining acts by third parties which my agent has not authorized.

I have signed this power of attorney this ______ day of ______________ in the year 2005.

_______________________________

Witness: _______________________

Commonwealth of Pennsylvania : ss.
County of _________________

On this, the _________day of ___________________, 2005, before me, the undersigned officer, personally appeared the signatories above known to me (OR satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes expressed in it.

I have signed my name and affixed my seal.

Notary Public

My commission expires:

Just writing

Sorry to bore you ... just putting some words down.

Jeb Bush is out of politics whether he wants to be or not. He should have been dragged kicking and screaming from the hospice where Terri Schiavo lay. I know he had the state law enforcement en route and they backed off when the locals said they would enforce the latest Greer ruling. But that should not have stopped them. It should have been a face-off, not a telephone call negotiation.

If you haven't read the details, here is an amazing recount of a confined engagement in Iraq. These are the stories that happen all the time and we rarely hear of. I checked the headlines at this time - "3 soldiers killed in Iraq." Pathetic.

I think teaching 10, 11, and 12 year old girls to put condoms on cucumbers is outrageous, beyond constituting false advertising.

This guy is rather funny with a bit on Redneck Haiku. Haiku how-to: Haiku is, today, a 17-syllable verse form consisting of three metrical units of 5, 7, and 5 syllables.

Iowahawk: Rusty Paradox ... Half Camaro, half Trans-Am ... Yet it does not run
Me: Refrigerator ... my science lab in kitchen ... glows green at night-time

Iowahawk: In ancient legend ... Once lived singing fish much like ... Big Mouth Billy Bass
Me: Fly rests on water ... feeling warm sun and cool breeze ... gulp! fish ingests fly

Yeah, ok, sorry ...

Amy Winfrey likes to play with animation. I find her things humorous. After you view the muffin films, click on "About" and you can tap into two more series.

This is a pretty amazing group of pics of airplane accidents and problems. Nothing gory.

I was reading about the Battle of Hastings and found this site. It is very well done and very informative. I was curious about the effects the Normans had on the Angles and the Saxons concerning the theories of local law enforcement. Turned out to be a good question (effect: none, Normans adopted the tything man, et al.) answered elsewhere.

Liberalism on Campus

I teach at four schools and five campi this semester. Something will pop for a full-time position and I will settle down ... it's the price you pay for changing careers. Seems de minimus to me. But what opportunity to see the differing faces of liberalism in action.

Faculty parking lot of one school. I would expect to see plenty of Kerry bumper stickers and perhaps just one W sticker. Not disappointed. But then the antagonism begins. A rainbow with the words, "Imagine no religion." You know the Jesus fish? Well, this particular travesty is called the Procreate Emblem (go about 3/4 of the way down the page on the left). It shows a Darwin Fish fornicating with a Jesus fish. Amazing.

Isn't there something to be said about creating a hostile work environment? I think that there is a federal law of some kind or another. Well, yes, it does seem to be on point. But does a parking lot constitute a material portion of the workplace?

Inside the buildings I am not presented with such hostility. I smile as I recall one professor with whom I would speak regularly - just social - until she found out I was a conservative. Not a word since. How sad.

In my classroom, my students know I am a Christian because I tell them and I bring the Bible into the discussions often. I have never been taken aside by the dean or any other person, but neither have I left the adjunct pool. Perhaps there is a correlation.

Students tell me of lectures in other classrooms. Teachers are rude about religion and republicans. Conservatives are fools. Students tell me because, they say, I give reasons for why I feel as I do, rather than simply bad-mouthing the other side.

Onto another school. I park with the students, so I don't know about the faculty cars. And I teach at night, so I don't know the day-time culture. But I do get the flyers. "Please inform your class of this important event." Something called "safe spaces" is very important. It applies to "GBLTs" - gays, bi-sexuals, lesbians, and trans-genders. A second forum was announced on "fighting heterosexualism." Oh my. Push this agenda far enough and there won't be sufficient number of straight couples left to procreate the race.

This second school has an underlying edge to it. Very hard, very antagonistic. During my interview (I must look liberal), I was told by the acting Dean that she wore a shirt in the late '80s that read, "I survived Reagan." Wanting to be hired, I showed discretion and kept, "perhaps, but you also prospered under him as well" to myself.

All the way up the pecking order of this school are women. Not a bad thing, per se. But in education, that seems to bring with it a wide path of inclusion for the liberal tent and exclusion for the conservative tent.

The students love me (at least according to the evaluations) but the deans don't. In fact, one new "acting Assistant Dean" (read, "they like me! they really like me!!!") has tried to pick a fight via e-mail. How sad. No, not sad - pathetic. It's ok. I've got lots of other places to teach.

My other two schools are fine. One is a religious school. It is easy to bring Christ into the classroom when I have a Cross on the wall behind me. The other school is private, no religious affiliation. But you know it is fine when a teacher puts the words to "Amazing Grace" on the board in the lounge and they stay there for months.

Pundits worry about our educational system and that we are losing our kids to a bunch of mind-numbed liberals. It is a valid point in some measure. But it discounts the intelligence of the students and the other teachers (like me) that bring Jesus to the discussion.

I'm back ... I guess

OK, I guess I'll start blogging again. I stopped so abruptly because writing about Bush/Kerry got to feeling too much like picking on the retarded kid down the street. Kerry had no hope of winning. The argument was never over the 43% for each side that Clinton established - the dems and pubs will always get 43%. The argument was over the remaining 14%. Giving at least 4 to 5 points to W as a wartime sitting president with a decent economy, that left no more than 10 points, and Kerry would need 8. No way. It was picking on the retard. I awoke one morning, realized that, and stopped writing.

Now I am looking at Blogger News (I need to remember how to hyperlink stuff - http://www.legendgames.net/blognews.asp). A good selection of stories, but I wish they would change more often. It is only a month old, so time will improve it. All in all, a wonderful start.

Terri Schiavo. What is the harm in a 60 day hiatus? The dick of a husband wasn't letting the parents visit with her yesterday. How pathetic. Revenge is for God. He will pay dearly. If Jeb doesn't declare martial law or whatever is necessary to stick that tube back in her, any aspriations at the presidency will have gone {poof!}.

Gnna run ... will write more often, if only to myself.