Tag Archives: hatred
Pretzels & Chocolate, a poem
PRETZELS & CHOCOLATE
(rented room, cigarettes)
I am eating pretzels
and they are hard
but splinter into salty crumbs
with the merest bite
they only satisfy
part of my tongue
(rented room, cigarettes)
so I pick up the chocolate
greedy for it to melt
against my palate
sucking the firm square
feeling it mold to me
the way I imagine
my body molds to yours
(rented room, cigarettes)
retaining the character of sweetness
to complement the salt
to balance my mouth
I am eating chocolate
thinking of us
(rented room, cigarettes)
Filed under acceptance, adolescence, adult children of alcoholics, ancient history, apology, appeals, artistic failures, assholes, beauty, birth, black, blood, Catholic, child abuse, child neglect, childbirth, childhood, children of alcoholics, christian, compassion, con man, daughter, death, development, divorce, dream, dreams, enlightenment, eternal, eternity, faith, family, father, fatherhood, fathers, fear, fiction, for children, forgiveness, friendship, funeral, gay marriage, god, grief, he, health, Uncategorized
president barack obama is being quoted out of context by the radical fringe right, and I’M SICK & FUCKING TIRED OF THIS SHIT
the full text of president obama’s speech in which he advocates FOR democracy, not AGAINST it. a paragraph is being circulated, ENTIRELY OUT OF CONTEXT, to defame him. I WON’T STAND FOR THIS SHIT.
“And it was here in Europe, through centuries of struggle, through war and enlightenment, repression and revolution, that a particular set of ideals began to emerge, the belief that through conscience and free will, each of us has the right to live as we choose, the belief that po…wer is derived from the consent of the governed and that laws and institutions should be established to protect that understanding.
And those ideas eventually inspired a band of colonialists across an ocean, and they wrote them into the founding documents that still guide America today, including the simple truth that all men, and women, are created equal.
But those ideals have also been tested, here in Europe and around the world. Those ideals have often been threatened by an older, more traditional view of power. This alternative vision argues that ordinary men and women are too small-minded to govern their own affairs, that order and progress can only come when individuals surrender their rights to an all-powerful sovereign. Often this alternative vision roots itself in the notion that by virtue of race or faith or ethnicity, some are inherently superior to others and that individual identity must be defined by us versus them, or that national greatness must flow not by what people stand for, but what they are against.
In so many ways, the history of Europe in the 20th century represented the ongoing clash of these two sets of ideas, both within nations and among nations. The advance of industry and technology outpaced our ability to resolve our differences peacefully. And even — even among the most civilized of societies on the surface, we saw a descent into barbarism.”
Filed under assholes, con man, con men, criminal, criminal behavior, criminals, hypocrisy, idiots, jerks, karma, legal writing, mysterious, notes, tea party mad hatters, ultra right wing loons, users
Heavenly Dances, Heavenly Intimacies, a short story
Heavenly Dances, Heavenly Intimacies, a short story
“Isn’t there any heaven where old beautiful dances, old beautiful intimacies prolong themselves?”
Ford Madox Ford, The Good Soldier
How can I be “dead” to any of the men I once loved? They are not “dead” to me. Not even H. How can I be “dead” to H.? They — even H. — are each as alive as when I was with them; as alive as the first time they touched me, whether tentatively or with confidence; whether softly or roughly; whether with passion or mere lust. It is shocking and appalling how H. lurched so radically to the right after 9/11. He began that journey to the Tea-Party-Mad-Hatter-Neocon-Bill-Buckley-Wall-Street-Apologist-Fringe-Brainless-Faux-News-Right when Ronald Reagan was shot; I was with him the very night it happened. We had a short affair, right then, because we started thinking the end of the world had arrived and we decided, like the crazy college students we were, to get married to celebrate our courage in the face of chaos! I realized very early on (but still way too late!) I was embarrassed to be seen in public with him. Did you ever start seeing, and marry someone whom you later realized you were embarrassed to be seen with? Perhaps the person in question was “dorky,” “geeky,” dressed “badly,” or had questionable “taste.” H. readily admits he was a “dork” in high school. He was on the debate team; need I say more? When you can’t bear to be seen in your lover’s/spouse’s/significant other’s/partner’s company, things usually don’t work out.
Still, I put in ten dutiful years, trying to make amends for my mistake in marrying H. The second he started making the big bucks, he dumped me. He left me for my best friend! I guess I deserved it, not taking control of my own life & filing for divorce two weeks after we married. And I guess I deserved how my ex-best-friend S. ruined me, as she subsequently did. She was in charge of the whole group we had socialized with: dictating how everyone in our “circle” should think, speak, act, or react. H. was dead wrong about most everything, but, to his credit, he was dead right about her. At the time I thought him merely woman-hating, but I see now, even though he did hate women, there was something more than simply being a “woman” he hated about her. He was covering up the fact he loved her by pretending to hate her. Now, I have no desire to see her, not ever again. She is definitely “dead” to me. Yes, I understand intellectually, a living death (call it shunning) can happen to anyone.
The upshot of all this boring history? I’ve been waiting for something a long time. I can’t blame anyone but myself for my unhappiness, not anymore. There is something dispirited inside me, something empty, drained, and beaten — something sick, something tired, something that has surrendered. I gave up, when? When my first ex-husband arbitrarily said no to children, breaking his solemn vow. When I realized I couldn’t find happiness outside myself — not with an old love, not with a new love, not with any of my subsequent husbands, my friends, my eventual children, or my family. Yes, to casual acquaintances and virtual strangers I am “happy, happier than I’ve ever been.” And it’s true! I’ve never been this happy, this contented, in my life. Yes, there are still problems. My oldest son is still half the world away, fighting an endless war on behalf of my “country.” My youngest son still has an ignorant, racist, rabidly conservative father. I am getting old. My face is melting. My neck is turning into a wattle. I am drooping.
Still, I cannot imagine any of them, the men I have loved or made love to, being dead to me the way my former best friend, S., is dead to me. Yet that is how they must feel about me, the way I feel about her. Wanting her removed from my memories. Wanting never to have met her. Not missing anything about her. She wants to see me, I heard from a mutual friend I still speak to. I don’t want to see her, or even see the mutual friend. I don’t even want to get as close as that! Because of reasons. Top secret, NSA, DOD, CIA, FBI, SEC, IRS, FDLE, GPD, ACSO reasons! No further comment!
Filed under artistic failures, assholes, boys, con man, con men, criminal, criminal behavior, criminals, fathers, he, health, humor, hypocrisy, idiots, jerks, karma, love, mothers, mysterious, sex, short stories, tea party mad hatters, ultra right wing loons, users
Disgusting “Dynasty Trust”
DISGUSTING!!!!! Why do people think this way? I condemn this trust to HELL!!! In a handbasket!!!
“The Dynasty Trust is an excellent tax planning vehicle as it permanently removes significant assets and the future appreciation on those assets from the transfer tax system. If no one “owns” these assets in the future, they will not be part of anyone’s taxable estate. In addition, the Dynasty Trust is an excellent asset protection vehicle. With no owner’s of the assets, creditors cannot make successful claims against the assets in these trusts, allowing them to be preserved, even against liability claims against the trust’s beneficiaries.
The trust is initially created for “primary beneficiaries” who are the Grantor’s children. They are given a limited power of appointment over the trust property in favor of their descendants. If this power is not exercised, the trust property passes to the descendants of the Grantor’s children, and so on. The trustee has discretion to pay a beneficiary income and principal from the trust, but is under no obligation to distribute any property at any time.
The trust is sensitive to the possible generation-skipping tax issues that can arise in this type of trust. (Section 3.1B). The trustee is given broad investment discretion. (Sections 3.1A and 3.3)
Since the trust is intended to last a very long time, the initial trustee is not likely to outlive the trust. Circumstances unforeseen at the inception of the trust may very well occur. For these reasons, the trust (section 4.5) appoints a “trust protector” – a person or institution to serve as the trust’s “watchdog” over what may need to be changed, amended, removed, etc. as time goes on.
Article 10 is also worth noting. The Grantor should consider how he/she may want to define such basic terms as “spouse” and “child”, given the potential long-term of the trust and evolving issues of social change, genetic engineering, etc. One can consider a “traditional” definition here, or allowance of either present or possible future definitions to be included in the trust.
Filed under legal writing, notes
from my folder: defense lawyer’s greed: my lawyer made me do it, by steven lubet
MY LAWYER MADE ME DO IT
Sooner or later, nearly every lawyer has to confront some variant on the dilemma of zealous representation. How do we justify representing clients whose goals are morally questionable or even flatly offensive? The standard answer is that lawyers serve society by facilitating client autonomy, allowing individuals and corporations to make informed decisions about their legal rights. As Samuel Johnson explained nearly 250 years ago, “A lawyer is to do for his client all that his client might fairly do for himself.” Thus, corporate counsel (following each new accounting fraud) and public defenders (in almost every case) deliver the same ready reply to a relentlessly familiar question: How can you defend those people? Well, it isn’t always easy, but we are just doing our job.
Lawyers have come to expect skepticism, if not outright scorn, when representing, say, polluters or criminals. But until recently, it was a safe bet that no one had to be embarrassed about a client like the Catholic Archdiocese of Boston. In recent months, however, the litigation over clergy abuse has become so acrimonious that many parishioners are openly questioning the basic decency of the church’s legal strategy, going so far as to accuse the defense of inflicting new trauma on the abuse victims. Representatives of the archdiocese responded by blaming it all on their counsel ‑‑ “Our lawyers made us do it” ‑‑ as though the church has no control over the tactics employed in its name.
More than 500 civil cases have been filed against the Boston archdiocese, alleging sexual abuse by priests and a decades‑long cover‑up by the local hierarchy. Last December, amid charges of stonewalling and complicity, Cardinal Bernard Law was forced to resign, replaced temporarily by an apostolic administrator, Bishop Richard Lennon. From the beginning, Bishop Lennon promised a new tone of reconciliation and healing. He announced his intention to settle the outstanding litigation, and promised to make therapy available to every victim who comes forward.
In the meantime, however, the church continued to mount a forceful defense in court, engaging in a level of trench warfare that would make Johnnie Cochran proud. For example, defense lawyers filed a breathtaking motion to dismiss all 500 cases on First Amendment grounds, arguing that the civil authorities could not interfere with the “bishop‑priest relationship.” It was claimed that the constant reassignment of known child molesters was beyond the reach of the law, because the supervision of priests was exclusively an ecclesiastical matter.
Predictably, the motion was denied, but not before Bishop Lennon explained that his attorneys had insisted on the hardball tactic because “failure to do this could very well result in the insurance companies walking away from us, saying that we have not exercised all of our avenues of defense.”
It was barely noticed at the time, but Bishop Lennon had actually adopted the classic lawyer’s excuse. Absolving himself of any moral responsibility for the maneuver ‑‑ much less the cost and anxiety it imposed on the injured plaintiffs ‑‑ he invoked the nature of the legal process as justification for an outrageous ploy. Attorneys routinely seek to escape the consequences of their actions by deferring to their clients’ instructions, but this was an entirely new twist on an old theme. The apostolic administrator washed his hands of his own decision, blaming the insurers and lawyers instead.
It gets much worse.
In January 2003 the church’s defense team began serving deposition subpoenas on plaintiffs’ psychotherapists, including some who had actually been hired by the archdiocese itself to provide treatment to abuse survivors. From a legal perspective, of course, this was not particularly out of the ordinary. The psychotherapist privilege is waived when a plaintiff claims damages for emotional trauma.
From a moral perspective, however, it was a disaster. The church had encouraged victims to come forward and had even set up a special Office of Healing and Assistance to facilitate therapy, as part of Bishop Lennon’s announced preference for settlement over litigation. Then the archdiocese turned around and insisted on invading the patient‑therapist relationship in a way that many victims regarded as jeopardizing their recovery.
The reaction was furious. A coalition of psychologists and victims’ rights activists denounced the depositions as “revictimization” and “reabuse” of patients who were “already broken members” of the church’s flock. Without disputing the church’s legal right to take the depositions, the group complained that the tactic was inconsistent with Lennon’s professed commitment to justice and healing. The victims’ therapy, they said, would be “permanently harmed by the intrusion of the legal system.”
One prominent psychotherapist, who had previously been invited to address the United States Conference of Catholic Bishops, put it even more bluntly: “I think that this is very despicable and deceitful. To say [that] ‘the church loves you’ and ‘we want to help you’ and then to invade your treatment is really just wrong. It may be legally okay, but it’s wrong.”
In response, an archdiocesan spokeswoman declared that the depositions were lawful and necessary: “If the victims choose to sue … we feel that we’re obligated to defend ourselves.”
Maintaining that the archdiocese still supported therapy for survivors, she insisted that the support stood “separate and distinct from the litigation process.” And lest there be any mistake, another church official remarked, “It’s a very tragic set of circumstances, but when you get to the litigation stage, there are certain things lawyers insist on doing to protect their clients.”
Thus, the Boston archdiocese inverted the very premise of the attorney‑client relationship, relying on the purported demands of counsel to justify its own moral blundering. Lawyers naturally recommend strategies that enhance the likelihood of success in litigation. To those who see themselves as legal technicians, the human toll is irrelevant so long as the tactic is lawful. The autonomous client is entitled to zealous representation, and the attorney is helpless to refuse.
But that same stricture never applies to the clients themselves. There is no conception of litigation in which a client can decline to be an independent moral actor. In fact, the American Bar Association’s Model Rules of Professional Conduct specifically call upon lawyers to “defer to the client” in regard to other “persons who might be adversely affected” by litigation. While any good lawyer would urge the archdiocese to authorize the depositions of victims’ therapists, no lawyer could compel it. That is why we call it “advice of counsel.”
The basic purpose of taking a therapist’s deposition, after all, is to undermine the plaintiff’s monetary claim for emotional distress. A good transcript ‑‑ filled with artfully extracted admissions and potential impeachment ‑‑ becomes a useful weapon in negotiation or at trial. An early deposition in the midst of settlement talks is an unmistakably aggressive move, especially in the case of a vulnerable plaintiff who has suffered clergy abuse. (In several hundred cases, all discovery has been stayed for 90 days pursuant to a “stand‑down” order intended to facilitate settlement; in other cases, however, the contentious litigation continues unabated, as the archdiocese recently moved for the entry of a gag order against a lead attorney for plaintiffs.)
The leaders of the Boston archdiocese may opt for compromise and settlement, or they may choose to litigate to the bitter end. As an outsider, I would defend their legal right to make either choice. But no client has the moral right to raise the flag of reconciliation while instructing counsel to scorch the earth.
Steven Lubet is a professor of law at Northwestern University. His most recent book is “Nothing but the Truth: Why Trial Lawyers Don’t, Can’t and Shouldn’t Have to Tell the Whole Truth.” E‑mail: email@example.com.
Filed under health, legal writing, mysterious, notes, recommended reblogs