The Holy Grail of Law

On By scottpetersenIn Black's Law DictionaryLeave a comment

Black’s Law Dictionary is the most widely used law dictionary in the United States. First published in 1891 by Henry Campbell Black – a 31 year old lawyer who rarely practiced law – it has been the holy grail of definitions, legal terms and maxims for generations of attorneys. As a young lawyer, it was the first legal text I purchased. Several pounds and 1,882 pages. I still have it on the shelf. . . .

With all of the bickering over the January 6th “event,” I thought it would be instructive to see how Black’s Law Dictionary explains the various terms that have been accused, denied, propounded and “defined” by politicians and the media.

INSURRECTION — “A rebellion or rising of citizens or subjects in resistance to their government.” “Insurrection shall consist in any combined resistance to the lawful authority of the state with intent to the denial thereof when the same is manifested or intended to be manifested by acts of violence.”

INSURGENT — “One who participates in an insurrection; one who opposes the execution of law by force of arms or who rises in revolt against the constituted authorities.”

REBELLION — “Deliberate, organized resistance by force and arms to the laws or operations of the government committed by a subject.”

SEDITION — “An insurrectionary movement tending towards treason but wanting an overt act; attempts made by meetings or speeches or by publications to disturb the tranquility of the state.”

TREASON — “The offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power.”

According to those involved in the January 6th invasion of the Capitol Building, the purpose was to overturn the election of Joe Biden. I read that Mitch McConnell – a Republican – called January 6th a “violent insurrection.” If it was, what – or who – inspired it? I’m just asking. . . . .

Life After High School

On By scottpetersenIn Life after high schoolLeave a comment

(A repeat from September 7, 2014)

Social studies. Reading comprehension. English Literature. P.E. Chemistry. Trigonometry (did I spell that right?). These are all courses I took in high school. But the best course I took in high school was typing. I can type flawlessly for about 60 words a minute. The other courses? Physical science?  Chemistry? What the heck is a “beaker”?

Okay okay. These are all good courses – and worth taking. But for my money, I think high school students should all be required to take a course “Life After High School.” It would be a one year curriculum and involve seminars on balancing a check book; shopping; simple first aid; spending money wisely; relationships and respect; job interviews; nutrition; cooking simple meals; raising babies; investing; and so on. Topics which help a young person acclimate and actually put to good use after high school. Many kids will go to college. Many will not. But learning how to respect a spouse, showing your best to a prospective employer, and dealing intelligently with a screaming baby will benefit everyone.

These are not topics that are in conflict with parents so there should be no pushback. And it might create a broader universe of students/grads who are more able to assimilate, interact and thrive.

U.S. Foreign Policy

On By scottpetersenIn U.S. Foreign Policy, Walter LippmannLeave a comment

“. . . wherever the American flag was planted, there tyranny must disappear.”

We all have favorite books. One of mine – that I just read for the 4th or 5th time – is U.S. Foreign Policy by Walter Lippmann. It was published in 1943 in the dark days of World War II. A time when 80 million people were killed in the brief span of six years. Lippmann’s premise is that America had no foreign policy following the Spanish American War (1898) until after World War II began. This absence of policy led to the bloodshed in the first half of the 20th Century. President Woodrow Wilson wrongly faulted World War I on a system of alliances. He therefore decided to abandon all alliances (which led to Germany, Japan and Italy developing theirs). Here are a few Lippmann lessons:

Never volunteer to do or not do something — unless there is reason and reciprocity for doing so.

Treating all adversaries alike is a huge mistake. Each one is different.

“America cannot escape its history but it can – at fearful cost – misread its history” — Abraham Lincoln.

Collective security can be a remedy and substitute for alliances.

America’s foreign policy must be solvent before it can afford to issue any more promissory notes.

The “vital interests of the nation” – national interest – should guide foreign policy.

China and Russia will be major forces to contend with in the future.

Survival of the nation, its independence and security are a greater end than peace.

When contemplating these and other salient points of Lippmann’s incisive essay, we can see that America’s objective has not been to subjugate other nations to statehood or territorial inclusion. One need only see America’s heroic efforts to raise Germany and Japan from the ashes of war to rebuild, develop economic success and to kindle friendship. America’s military objectives abroad (whether wise or foolish) have always been intended to repel tyranny and cruelty and not to rule over a country or territory. And then we have Russia – whose objectives are to plant the flag — crush opposition, destroy economy, enslave the people and control with an iron hand. And jackboot.

Just Turn it Off

On By scottpetersenIn Conservation, Just Turn it Off1 Comment

We are all concerned about our environment and about the conservation of water and energy.  For several years, I have posed a slogan for conserving water, energy and emissions. All we have to do is  Just Turn it Off®!   In my opinion, abiding by this simple but catchy phrase can make a difference. I mean — what’s not to like?   

WATER . . . .  We can’t live without it.  But there’s only so much of it on our planet.  And more than 95% of the water on our planet is salt water.  Thus it is natural that we would want to conserve our precious supply of fresh water, to use it sparingly and to keep it potable. Most of the water that enters our homes literally goes down the drain – into the sewer.  So what can the average person do to conserve fresh water and to preserve this valuable commodity for future generations?  JUST TURN IT OFF®.  By just “turning off” the water when it is not in use, you save gallons of fresh water every day.  If every person in America saved one gallon of fresh water daily, that translates to a savings of hundreds of millions of gallons of fresh water. So what can you do to help?  JUST TURN IT OFF®. 

●  When shaving, instead of leaving the water run, JUST TURN IT OFF®.  And turn it on to rinse the razor as needed.

●  When taking a shower, turn on the water – get it to the temperature desired – stand under the shower and then JUST TURN IT OFF®.  Soap down while the water is off. Frankly you will probably get cleaner than if the water just continues pouring down the drain.

●  When rinsing dishes, instead of leaving the water run, JUST TURN IT OFF® and turn it on to rinse the next plate or pan. 

●  When watering outdoor plants and shrubs, make each drop count.  Use an on/off nozzle so that when moving from one plant to the next, you can JUST TURN IT OFF®. 

●  Toilets should provide a flushing choice for disposing of liquid and solid waste. And you don’t have to flush every time if you get my drift. 

●  Rely on Mother Nature to water the lawn.  Use sprinklers only when necessary.

●  Wash only full loads of laundry. 

Let me know of any ideas you have to conserve water or energy! 

Hemo the Magnificent

On By scottpetersenIn Hemo the MagnificentLeave a comment

When I was 10 years old, I was introduced to “Hemo the Magnificent.” Hemo was one of 9 one hour science films sponsored by Bell Telephone – produced in 1957 by Frank Capra – for use in the classroom. I first saw “Hemo the Magnificent” while at Skyline Ranch in Estes Park, CO. I remember watching it several times at Skyline and even buying a CD when our daughter was young. “Hemo the Magnificent” is a tutorial on blood, the human body – and how organs of the body play their respective roles. I just watched it again while pedaling furiously (heart pumping, lungs panting) on the recumbent bicycle. It is clear. Poignant. And amazingly educational for children or guys like me who have yet to “grow up.” Watch the full movie – https://www.youtube.com/watch?v=08QDu2pGtkc

On 10/14/2012, I posted on the topic of blood. Thousands of years of evolution have split human blood into four basic “types”: A, B, O and AB. Each has a postive (+) and negative (-) (called “RH”) component as well.   Roughly 43% of us are type O; 40% type A; 12% type B; and 5% type AB with interesting geographic, racial and ethnic differences in blood type and RH distribution.  Each blood type has its own characteristics, strengths . . . . and weaknesses.

Type O is the oldest blood type in the world with the most robust digestive system.  Type O needs animal protein for good health but may have trouble with wheat and gluten.   Thrives on vigorous workouts.  Less prone to heart disease.  O negative is a universal donor.

Type A has a more fragile digestive system which has trouble tolerating 4 legged protein.  This blood type might do well as a vegetarian.  Can be lactose intolerant and anemic.  Iron and Vitamin B-12 supplements may be helpful. 

Type B may have difficulty with wheat and gluten though dairy is usually just fine.  Chicken may cause health issues due to an agglutinating lectin which may adversely affect the circulatory system. 

Type AB is the new kid on the block having been around for perhaps 1,000 years.  Should avoid red meat especially smoked and cured meats as AB shares the low stomach acid of Type A and diminished stomach acid leaves one more prone to stomach cancer.

Watch “Hemo.” With children or grandchildren. He will help with understanding all of this. . . . . 

Ukraine

On By scottpetersenIn Ukraine5 Comments

I have worked with several Russian law firms which deal with intellectual property. This morning, I sent a note to some of my Russian counterparts. I could have been a bit more strident but the message is still there.

Dear Colleagues,

I recently retired from the practice of law – though you will likely recognize my name given our association over the last 35 years.

I have tremendous respect for you, your fine Firm and for your colleagues.  I thought I would offer a comment on the tragedy that is unfolding in Europe. . . . .

I am saddened by the Russian invasion of and war against Ukraine and its people.  Vladimir Putin is sending missiles and bombs into Ukrainian homes, apartments, schools and businesses.  Men, women and children of Ukraine have been killed.  And now, many sons of Russia are also dying.  And the world sits on the brink of devastation. 

Putin is the richest man in the world – who has stolen billions of dollars, euros and rubles from the Russian people (many of whom – as you know – are poor and struggling).  He alone made the decision to commit Russia to War. Ukraine defends itself.  The world objects.  Humanity cries tears of sorrow.  Even though free speech and civil discourse are forbidden in Russia, tens of thousands of Russian people are objecting – demonstrating for peace. Russian athletes and academics have joined the chorus.

Please know that I am with those – who want peace in this world.  We are all one people.  And we are all in one giant boat.   Together.  We must be able to “get along” with each other – or our boat will sink.  And then each one of us – loses. 

Best regards,

Scott

The business of wanting peace, being in one boat and the need to “get along” applies as much to the United States as it does to Russia. It applies to every nation. And each one of us. Let’s all try to remember that as we discuss politics, religion, social issues and direction. . . . .

Creamed Spinach – Redux

On By scottpetersenIn Creamed spinach, The Berghoff, The Red Star InnLeave a comment

I had a surprising number of comments to my post on “Creamed Spinach.” The dish was dubbed a “favorite” by some. One friend suggested using a special brand of hydroponic spinach (grown in water – no soil – often indoors – no stems) from Wegmans (a supermarket chain out east). Another suggested adding other vegetables, an egg and parmesan cheese to the mix. Some spoke of the Chicago restaurant icons where the best creamed spinach is served. Those mentioned include The Berghoff (a favorite for me when I worked downtown) which adds a teaspoon of chicken bouillon, two teaspoons of flour and a pinch of nutmeg. Then there was the old Red Star Inn (which closed in 1983) where Johnny the Waiter – in a black tux – would serve you on the second floor. Two other honorable mentions were E.J.’s and Landl’s in Skokie.

The friend who suggested adding other “frozen vegetables” got me thinking. So last night’s creation included some frozen organic peas (washed and nuked for 4 minutes). The dish was spectacular! Next time – a pinch of nutmeg.

Creamed Spinach

On By scottpetersenIn Creamed spinach2 Comments

To say I “like” creamed spinach would be an understatement. I have been a creamed spinach aficionado for as long as I can remember. As a kid – I would go out for dinner with my parents. At the conclusion of the main course, the server would walk over and offer dessert – “we have chocolate pie, chocolate sundaes, chocolate cake and . . . .” I never listened since my mind was already made up. I would ask for another bowl of creamed spinach. The waiter would look at my father who would shrug his shoulders. On occasion at Louie’s Restaurant in Addison, I’d get two desserts. . . . . True. . . . .

Spinach is technically a flowering plant – native to Asia. In 2018, the world’s production of spinach was 26.3 million tons. I believe I consumed about 14% of that total (yes, on that I am kidding). Spinach is low in calories and high in nutritional value. Spinach is thought to have originated 2,000 years ago in ancient Persia. In 827 AD the Saracens introduced spinach to Sicily. Spinach first appeared in text in 10th Century medical works. And, like Popeye the Sailor Man, I attribute whatever strength I have to spinach. To quote Popeye – “spinach is full of vitamin A an’ tha’s what makes hoomans (sic) strong and helty (sic).”

If you want a special treat, try my recipe for creamed spinach: I start with half a yellow onion finely chopped and sautéed in 2 tablespoons of butter. Sautée until onion is translucent. Then add a few ounces of heavy cream and a few ounces of creamed cheese (separated). Let warm on low heat. Then sautée 10 ounces of (I prefer organic) triple washed spinach in olive oil. Once cooked – drain the olive oil (I use paper towels to help dry the spinach) and add the onion/cream and mix well. I add garlic powder and pepper. And you have creamed spinach that can accompany any meal. If you have any leftovers, let me know. . . .

Let’s Make a Deal

On By scottpetersenIn Let's make a deal, Negotiation, Vladimir Putin1 Comment

When I was a 27 year old State’s Attorney handling felony cases at 26th & California, we’d have maybe 20 to 30 cases on call every day. As defense attorneys stepped up when their case was called, they’d sometimes lean over and ask “can we work this out?” In other words, if a guy was brought out for a homicide in a bar fight, the defense would want to discuss the matter. Maybe reduce murder to voluntary manslaughter. Resulting in a lower sentence. And it was “let’s make a deal.” Negotiations were usually carried out in the judge’s chambers. Chatting. The judge’s office was small and defense counsel sat next to me – six feet from the judge who would lean back and say “what can we do, boys?” If we “reduced” a crime (murder to manslaughter), we would have to go downstairs for permission from higher ups in the SAO.

When I moved on from negotiating felony cases (sometimes life or death), I continued to negotiate. All the time. Meetings in person were usually held in a room – with opposing counsel sitting on the other side of a table. When I’d walk in – I would always plop down next to him (or her). They’d look over like – what the @^$@*X is he doing?? I’d say “easier to talk this way.” And I’d sometimes set a coffee cup or something in the center of the table and pause – counsel would look at me – and I’d say “that’s our problem.” Now the other side would look at me like I was demented – but I’d press on – “let’s think of that as our problem. How can we work together to resolve it?” And counsel would catch on. We’d discuss options. And nearly always resolve our differences. Coming to a solution. Let’s make a deal.

Statistically, cases filed in court are resolved 85 to 90% of the time. Why?? Because if you go to trial, there is a 100% chance that somebody’s gonna lose. And that loser could be you. Resolutions were often like drinking a warm Pepsi on a hot day. Not perfect – but satisfactory. For both sides. Let’s make a deal.

Look at the photos of negotiations going on with Vladimir Putin (a criminal who should be at 26th & California). There is a table as long as a football field with participants sitting at opposite ends. And I think to myself – if that was me going in to negotiate with Putin, I’d drag my chair over and sit next to him. And put my coffee cup in the middle of the table. . . . .

Free at Last. . . .

On By scottpetersenIn American Lutheran Church Luther League Convention 1961, Martin Luther King, St. Mark Lutheran ChurchLeave a comment

I was there – live and in person – when Martin Luther King delivered his speech which ended with the words “free at last, free at last, thank God a’mighty we are free at last.” It was an amazing day – but it was not at the Lincoln Memorial in August 1963. It was in Miami Beach in 1961.

When I was 14 years old, the American Lutheran Church Luther League Convention was held in Miami Beach, Florida, August 15-20, 1961. St. Mark Lutheran Church in Mt. Prospect sent a contingent of “Hi Leaguers” to this august August event. And I was one of them. Dr. King was the keynote speaker.

Dr. King’s speech was recorded – and transcribed – and can be found at https://soundcloud.com/user-238560644/dr-martin-luther-king-jr-speaking-at-the-alc-luther-league-convention-in-1961 This last few days, I revisited the transcription of that speech 61 years ago. “Powerful” is an understatement. They are words that we would be well advised to remember. And incorporate into our lives. A few examples which apply today. . . .

“The world in which we live is a neighborhood, and we face the moral responsibility of making it a brotherhood. We must learn to live together as brothers or we will all perish together as fools.”

“All life is inter-related and we are all caught in an inescapable network of mutuality, tied in a single garment of destiny so that whatever affects one directly affects all indirectly.”

” . . . there is a voice crying through the vista of time saying to every potential Peter ‘put down your sword.’ History is replete with the bleached bones of nations. History is cluttered with the wreckage of communities that fail to follow this command.”

And he quotes John Donne – “No man is an island entirely of itself — every man is a piece of the continent – a part of the main.”

The words of Dr. King are worth reading. And re-reading. Perhaps one day, “all of God’s children” can join hands – and be “free at last.”