[FairfieldLife] Re: Fundies slam TM Judge

2006-04-13 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, "Marek Reavis" <[EMAIL PROTECTED]>
wrote:
>
> Comment below:
> 
> --- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
> wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
> > wrote:
> > > Linda Greenhouse is one of the journalists at the NY Times who
covers
> > > the Supreme Court.  My civil procedure professor recommended that I
> > > read everything that she writes; she has a very clear and deep
insight
> > > into the Court and she's an excellent writer, too.
> > 
> > What do you think of Chicago Tribune reporter Jan Crawford Greenburg
> > who often appears on PBS NewsHour (Jim Lehr) -- as does Linda
> > Greenhouse -- to comment on supreme and appelate court issues.
> >
> **END**
> 
> Don't watch any television so I can't comment.  Do she and Linda G. do
> a point/counterpoint thing or just regular, informed dialogue?  From
> the little I've seen of Lehr I'd expect the latter.  What's your
> opinion of her and of Greenhouse?

I usually find the Jan Crawford Greenburg interviews intriging and
absorbing. I sometimes zone out when I listen to  Linda Greenhouse.
But I am not a  lawyer -- I was just curious of a lawyer's views on
the two.


 





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-13 Thread jyouells2000
--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "jyouells2000"  
> wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> > >
> > > --- In FairfieldLife@yahoogroups.com, anonybliss_ff  
> > > wrote:
> > > >
> > > > Correction! 
> > > > No one is *compelled* to participate in "The Enlightened
> > > > Sentencing Program" developed ny Farrokh. It's an option made
> > > > available, and accepted by the *choice* of the participant 
> after 
> > > they
> > > > learn what the program entails. They take *responsibility* for 
> their
> > > > *choice* and their own lives.
> > > > 
> > > > The stories of the participants--in their own words--which you 
> can
> > > > find on the TESP web site can be quite moving.
> > > > 
> > > > The whole civil liberties question has already been dealt with 
> on 
> > > this
> > > > issue, I believe, even more so with the program no longer being
> > > > associated with the TM movement.
> > > > 
> > > 
> > > And only because Farokh is every bit as arrogant in his own way 
> as 
> > > the rest of the TMO. I'm pretty sure that he could have gotten 
> David 
> > > Lynch to pay the bill for anyone sentenced to practice TM, but 
> its 
> > > doubtful that he even considered trying.
> > > 
> > > So now there's a schism where there didn't need to be one because 
> > > someone was too proud to ask someone else for funding.
> > >
> > 
> > There is a schism because the TMO does not really want the TM
> > Technique taught here. Nothing complicated, more emphasis on money
> > than meditators, otherwise they would adjust the price for 
> prisioners.
> > 
> >
> 
> Why adjust their price for prisoners when there are people willing to 
> foot the bill at the current price?
>
Good will, responsible service to society? God? ...no schism necessary


JohnY






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-13 Thread authfriend
--- In FairfieldLife@yahoogroups.com, "Marek Reavis" <[EMAIL PROTECTED]> 
wrote:
>
> I wonder if he was ever initiated?  With that type of background and
> leanings, and after studying the case and hearing arguments, the
> idea of learning to meditate might have been pretty tempting.

Dunno, it's not mentioned in the oral history interview.

FWIW, I found a Supreme Court history page that discusses
Stevens's nomination by Gerald Ford at some length.  Ford's
choice coming down to the wire was between Stevens and Adams.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-13 Thread sparaig
--- In FairfieldLife@yahoogroups.com, "jyouells2000" <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, anonybliss_ff  
> > wrote:
> > >
> > > Correction! 
> > > No one is *compelled* to participate in "The Enlightened
> > > Sentencing Program" developed ny Farrokh. It's an option made
> > > available, and accepted by the *choice* of the participant 
after 
> > they
> > > learn what the program entails. They take *responsibility* for 
their
> > > *choice* and their own lives.
> > > 
> > > The stories of the participants--in their own words--which you 
can
> > > find on the TESP web site can be quite moving.
> > > 
> > > The whole civil liberties question has already been dealt with 
on 
> > this
> > > issue, I believe, even more so with the program no longer being
> > > associated with the TM movement.
> > > 
> > 
> > And only because Farokh is every bit as arrogant in his own way 
as 
> > the rest of the TMO. I'm pretty sure that he could have gotten 
David 
> > Lynch to pay the bill for anyone sentenced to practice TM, but 
its 
> > doubtful that he even considered trying.
> > 
> > So now there's a schism where there didn't need to be one because 
> > someone was too proud to ask someone else for funding.
> >
> 
> There is a schism because the TMO does not really want the TM
> Technique taught here. Nothing complicated, more emphasis on money
> than meditators, otherwise they would adjust the price for 
prisioners.
> 
>

Why adjust their price for prisoners when there are people willing to 
foot the bill at the current price?





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-13 Thread jyouells2000
--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, anonybliss_ff  
> wrote:
> >
> > Correction! 
> > No one is *compelled* to participate in "The Enlightened
> > Sentencing Program" developed ny Farrokh. It's an option made
> > available, and accepted by the *choice* of the participant after 
> they
> > learn what the program entails. They take *responsibility* for their
> > *choice* and their own lives.
> > 
> > The stories of the participants--in their own words--which you can
> > find on the TESP web site can be quite moving.
> > 
> > The whole civil liberties question has already been dealt with on 
> this
> > issue, I believe, even more so with the program no longer being
> > associated with the TM movement.
> > 
> 
> And only because Farokh is every bit as arrogant in his own way as 
> the rest of the TMO. I'm pretty sure that he could have gotten David 
> Lynch to pay the bill for anyone sentenced to practice TM, but its 
> doubtful that he even considered trying.
> 
> So now there's a schism where there didn't need to be one because 
> someone was too proud to ask someone else for funding.
>

There is a schism because the TMO does not really want the TM
Technique taught here. Nothing complicated, more emphasis on money
than meditators, otherwise they would adjust the price for prisioners.


JohnY






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
I wonder if he was ever initiated?  With that type of background and
leanings, and after studying the case and hearing arguments, the idea
of learning to meditate might have been pretty tempting.
**

--- In FairfieldLife@yahoogroups.com, "authfriend" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "authfriend"  wrote:
> 
> > I'd love to know more about Judge Adams.  Do you know
> > his first name, by any chance?  I can't find it in the
> > document.
> 
> FWIW, looked him up on the Web, found a transcript
> of an oral history interview he did for Penn Law
> School in 1999.  Apparently he's known for his opinions
> in cases involving religion and the First Amendment.
> He was under serious consideration two or three
> times, he says, for the Supreme Court.
> 
> He retired in 1987 and went back to private practice,
> where he was when the interview was held.  Wikipedia's
> article on the Third Circuit Court lists him as still
> living.  And he was the president of the American
> Philosophical Society at the time of the interview.
> 
> He appears to have been a very distinguished judge.
>







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
Comment below:

--- In FairfieldLife@yahoogroups.com, anon_couscous_ff <[EMAIL PROTECTED]>
wrote:
>
> --- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
> wrote:
> > Linda Greenhouse is one of the journalists at the NY Times who covers
> > the Supreme Court.  My civil procedure professor recommended that I
> > read everything that she writes; she has a very clear and deep insight
> > into the Court and she's an excellent writer, too.
> 
> What do you think of Chicago Tribune reporter Jan Crawford Greenburg
> who often appears on PBS NewsHour (Jim Lehr) -- as does Linda
> Greenhouse -- to comment on supreme and appelate court issues.
>
**END**

Don't watch any television so I can't comment.  Do she and Linda G. do
a point/counterpoint thing or just regular, informed dialogue?  From
the little I've seen of Lehr I'd expect the latter.  What's your
opinion of her and of Greenhouse?





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread authfriend
--- In FairfieldLife@yahoogroups.com, "authfriend" <[EMAIL PROTECTED]> wrote:

> I'd love to know more about Judge Adams.  Do you know
> his first name, by any chance?  I can't find it in the
> document.

FWIW, looked him up on the Web, found a transcript
of an oral history interview he did for Penn Law
School in 1999.  Apparently he's known for his opinions
in cases involving religion and the First Amendment.
He was under serious consideration two or three
times, he says, for the Supreme Court.

He retired in 1987 and went back to private practice,
where he was when the interview was held.  Wikipedia's
article on the Third Circuit Court lists him as still
living.  And he was the president of the American
Philosophical Society at the time of the interview.

He appears to have been a very distinguished judge.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, "Marek Reavis" <[EMAIL PROTECTED]>
wrote:
> Linda Greenhouse is one of the journalists at the NY Times who covers
> the Supreme Court.  My civil procedure professor recommended that I
> read everything that she writes; she has a very clear and deep insight
> into the Court and she's an excellent writer, too.

What do you think of Chicago Tribune reporter Jan Crawford Greenburg
who often appears on PBS NewsHour (Jim Lehr) -- as does Linda
Greenhouse -- to comment on supreme and appelate court issues.  







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
Comment below:

--- In FairfieldLife@yahoogroups.com, "authfriend" <[EMAIL PROTECTED]> wrote:
**SNIP**
 
> I'd love to know more about Judge Adams.  Do you know
> his first name, by any chance?  I can't find it in the
> document.
> 
> Do appeals court rulings typically include opinions by
> one or more of the judges, or does one get written only
> if an individual judge is inspired to explore the issue
> in depth?
> 
**SNIP TO END**

No, I don't know Adams' first name or anything about him. Now almost
30 years later, chances are he's no longer on the bench.

Judges write separate opinions, whether dissenting, concurring,
dissenting in part, concurring in part, agreeing with the decision but
not with the majority reasoning, etc. for all of those reasons and
lots more besides.  In Malnak it looks as if Adams just really wanted
to address the issue from a broader context.

In a typical appellate decision there will be more than one issue
decided, since the attorney writing the appeal will have endeavored to
raise as many issues as possible in order to get what they want.  So,
not infrequently, when there *are* separate opinions written you may
have the judge writing it addressing only one or only some of the
issues that came down in the actual decision.

And even though the separate opinions are published along with the
actual holding of the court, they carry no precedential weight and
can't be cited as authority.  Only the actual decision (with however
many rulings it addresses) is the official opinion of the court. 
Oftentimes, however, as in Malnak, the separate opinions are more
elegant arguments and lawyers *do* refer to them in crafting their own
arguments in other cases and will cite them as one measure of proof
that an issue is either still contentious or perhaps wrongly decided
the first time and worth revisiting.

Linda Greenhouse is one of the journalists at the NY Times who covers
the Supreme Court.  My civil procedure professor recommended that I
read everything that she writes; she has a very clear and deep insight
into the Court and she's an excellent writer, too.  





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread shempmcgurk
--- In FairfieldLife@yahoogroups.com, bob_brigante <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
 
> > wrote:
> > >
> > > --- In FairfieldLife@yahoogroups.com, "sparaig"  
wrote:
> > > >
> > > > --- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
> >  
> > > > wrote:
> > > > >
> > > > > > > > 
> > > > > > > > --- In FairfieldLife@yahoogroups.com, "sparaig" 
> >  
> > > > wrote:
> > > > > > For instance, the US armed forces employs a wide variety 
> of 
> > > > clergy to 
> > > > > > serve as chaplains. They do ALL of the above and get 
paid 
> by 
> > the 
> > > > US 
> > > > > > government for doing it.
> > > > > 
> > > > > 
> > > > > It just dawned on me how cool a USAF chaplain's job might 
> be --
> > being
> > > > > "proficient" in 5 or 8 or more major religions and their 
> primary
> > > > > ceremonies. 
> > > > 
> > > > ??? Chaplains only perform services within the confines of 
> their 
> > own 
> > > > religions. 
> > > 
> > > OK, I was under the mistaken impression, from movies perhaps, 
> that
> > > they are trained in a variety of religious practices, since 
each 
> > unit
> > > can't have a whole different set of chaplains for Baptist,
> > > Episcalpalian, catholic,  reform and conservative jewish, shi-
> ite 
> > and
> > > sunni muslim, saivaite and vaishnavite hindu, theravada, 
> hirayana, 
> > and
> > > tibetian buddhist, jain, confuscian, various african tribal 
> > religions. 
> > > But apparently they do. Wow, that must be a kewl bus to be on. 
> > Imagine
> > > the poker games.
> > >
> > 
> > Chaplains can perform generic services, but they conduct them 
> within 
> > the context of their own religion. A rabi can lead a prayer, but 
> > doesn't give communion for instance.
> >
> 
> *
> 
> It's an interesting point that the government will pay for 
religious 
> activities, but in the case of chaplains, the need is felt by men 
> about to die to have some religious comfort. If a similar need was 
> someday felt on a widespread basis in U.S. society for TM, then 
> there would be no objection to sentencing convicts to TM or Zen, 
etc.
> 
> In other words, the people get what they want, regardless of what 
it 
> says in the Constitution (or what judges say it says), but there 
is 
> not much interest in TM, while there is a tremendous demand for 
> religious succor in the military services -- it's demand-driven, 
> ultimately, not law-driven. Most people in the U.S. want legal 
> abortion, so the courts say it's constitutional -- if most people 
> did not want legal abortion, the courts would say it was 
> unconstitutional.
>

I don't know if it's as cut-and-dry as you suggest but I agree.  
Many decisions by the Supreme Court are subjective and influenced by 
the court of public opinion rather than the rule of law. 

for example, 100 years ago people in the U.S. weren't prepared for 
integration so the Court gave us Plessy v. Ferguson.  About 60 years 
later, the Court -- using the same constitution -- gave us Brown v. 
Board of Education.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread bob_brigante
--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, anon_couscous_ff  
> wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> > >
> > > --- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
>  
> > > wrote:
> > > >
> > > > > > > 
> > > > > > > --- In FairfieldLife@yahoogroups.com, "sparaig" 
>  
> > > wrote:
> > > > > For instance, the US armed forces employs a wide variety 
of 
> > > clergy to 
> > > > > serve as chaplains. They do ALL of the above and get paid 
by 
> the 
> > > US 
> > > > > government for doing it.
> > > > 
> > > > 
> > > > It just dawned on me how cool a USAF chaplain's job might 
be --
> being
> > > > "proficient" in 5 or 8 or more major religions and their 
primary
> > > > ceremonies. 
> > > 
> > > ??? Chaplains only perform services within the confines of 
their 
> own 
> > > religions. 
> > 
> > OK, I was under the mistaken impression, from movies perhaps, 
that
> > they are trained in a variety of religious practices, since each 
> unit
> > can't have a whole different set of chaplains for Baptist,
> > Episcalpalian, catholic,  reform and conservative jewish, shi-
ite 
> and
> > sunni muslim, saivaite and vaishnavite hindu, theravada, 
hirayana, 
> and
> > tibetian buddhist, jain, confuscian, various african tribal 
> religions. 
> > But apparently they do. Wow, that must be a kewl bus to be on. 
> Imagine
> > the poker games.
> >
> 
> Chaplains can perform generic services, but they conduct them 
within 
> the context of their own religion. A rabi can lead a prayer, but 
> doesn't give communion for instance.
>

*

It's an interesting point that the government will pay for religious 
activities, but in the case of chaplains, the need is felt by men 
about to die to have some religious comfort. If a similar need was 
someday felt on a widespread basis in U.S. society for TM, then 
there would be no objection to sentencing convicts to TM or Zen, etc.

In other words, the people get what they want, regardless of what it 
says in the Constitution (or what judges say it says), but there is 
not much interest in TM, while there is a tremendous demand for 
religious succor in the military services -- it's demand-driven, 
ultimately, not law-driven. Most people in the U.S. want legal 
abortion, so the courts say it's constitutional -- if most people 
did not want legal abortion, the courts would say it was 
unconstitutional.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread shempmcgurk
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
<[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
 
> > wrote:
> > >
> > > > > > 
> > > > > > --- In FairfieldLife@yahoogroups.com, "sparaig" 
 
> > wrote:
> > > > For instance, the US armed forces employs a wide variety of 
> > clergy to 
> > > > serve as chaplains. They do ALL of the above and get paid by 
the 
> > US 
> > > > government for doing it.
> > > 
> > > 
> > > It just dawned on me how cool a USAF chaplain's job might be --
being
> > > "proficient" in 5 or 8 or more major religions and their 
primary
> > > ceremonies. 
> > 
> > ??? Chaplains only perform services within the confines of their 
own 
> > religions. 
> 
> OK, I was under the mistaken impression, from movies perhaps, that
> they are trained in a variety of religious practices, since each 
unit
> can't have a whole different set of chaplains for Baptist,
> Episcalpalian, catholic,  reform and conservative jewish, shi-ite 
and
> sunni muslim, saivaite and vaishnavite hindu, theravada, hirayana, 
and
> tibetian buddhist, jain, confuscian, various african tribal 
religions. 
> But apparently they do. Wow, that must be a kewl bus to be on. 
Imagine
> the poker games.
>

You forgot the TM religion.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
 
> > wrote:
> > >
> > > > > > 
> > > > > > --- In FairfieldLife@yahoogroups.com, "sparaig" 
 
> > wrote:
> > > > For instance, the US armed forces employs a wide variety of 
> > clergy to 
> > > > serve as chaplains. They do ALL of the above and get paid by 
the 
> > US 
> > > > government for doing it.
> > > 
> > > 
> > > It just dawned on me how cool a USAF chaplain's job might be --
being
> > > "proficient" in 5 or 8 or more major religions and their primary
> > > ceremonies. 
> > 
> > ??? Chaplains only perform services within the confines of their 
own 
> > religions. 
> 
> OK, I was under the mistaken impression, from movies perhaps, that
> they are trained in a variety of religious practices, since each 
unit
> can't have a whole different set of chaplains for Baptist,
> Episcalpalian, catholic,  reform and conservative jewish, shi-ite 
and
> sunni muslim, saivaite and vaishnavite hindu, theravada, hirayana, 
and
> tibetian buddhist, jain, confuscian, various african tribal 
religions. 
> But apparently they do. Wow, that must be a kewl bus to be on. 
Imagine
> the poker games.
>

Chaplains can perform generic services, but they conduct them within 
the context of their own religion. A rabi can lead a prayer, but 
doesn't give communion for instance.





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, anon_couscous_ff  
> wrote:
> >
> > > > > 
> > > > > --- In FairfieldLife@yahoogroups.com, "sparaig"  
> wrote:
> > > For instance, the US armed forces employs a wide variety of 
> clergy to 
> > > serve as chaplains. They do ALL of the above and get paid by the 
> US 
> > > government for doing it.
> > 
> > 
> > It just dawned on me how cool a USAF chaplain's job might be --being
> > "proficient" in 5 or 8 or more major religions and their primary
> > ceremonies. 
> 
> ??? Chaplains only perform services within the confines of their own 
> religions. 

OK, I was under the mistaken impression, from movies perhaps, that
they are trained in a variety of religious practices, since each unit
can't have a whole different set of chaplains for Baptist,
Episcalpalian, catholic,  reform and conservative jewish, shi-ite and
sunni muslim, saivaite and vaishnavite hindu, theravada, hirayana, and
tibetian buddhist, jain, confuscian, various african tribal religions. 
But apparently they do. Wow, that must be a kewl bus to be on. Imagine
the poker games.








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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff <[EMAIL PROTECTED]> 
wrote:
>
> > > > 
> > > > --- In FairfieldLife@yahoogroups.com, "sparaig"  
wrote:
> > For instance, the US armed forces employs a wide variety of 
clergy to 
> > serve as chaplains. They do ALL of the above and get paid by the 
US 
> > government for doing it.
> 
> 
> It just dawned on me how cool a USAF chaplain's job might be --being
> "proficient" in 5 or 8 or more major religions and their primary
> ceremonies. 

??? Chaplains only perform services within the confines of their own 
religions. 

> 






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
> > > 
> > > --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> For instance, the US armed forces employs a wide variety of clergy to 
> serve as chaplains. They do ALL of the above and get paid by the US 
> government for doing it.


It just dawned on me how cool a USAF chaplain's job might be --being
"proficient" in 5 or 8 or more major religions and their primary
ceremonies. 

A saint I like (ok I like all saints) SSRS, said in the  future people
will simply draw from the best parts of all religions (and drop the
archaic stuff). I took that to mean people won't "belong" to single
religions, but become adept at worshiping in many forms and ways.
Universalists. 

So a a USAF chaplain job  --being "proficient" in 5 or 8 or more major
religions and their primary ceremonies -- could be a forerunner of this.

 






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff <[EMAIL PROTECTED]>
wrote:
>
> --- In FairfieldLife@yahoogroups.com, "authfriend"  wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
> >  wrote:
> > > Jerry Jarvis  being cross-examined about the puja and its meaning 
> > > from plaintiff's attorney.   The lawyer was attempting to get Jerry 
> > > to admit that he (and all TM teachers) literally believed 
> > > everything that was in the puja -- all the divine stuff -- and 
> > > therefore, obviously, TM was a religion.  Jerry repeatedly denied 
> > > the literalism of the puja and finally deadpanned that he did not 
> > > *really* believe that Guru Dev had lotus feet.
> > 
> >   Never heard that; that's great.


Classic Jerry.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, bob_brigante <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
>  wrote:
> >
> > Comment below:
> > 
> > --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
> >   
> > > > [Brigante wrote:] Not exactly a surprise, in fact I was 
> wondering 
> > why there had not 
> > > > been a challenge earlier, given the Malnak ruling years ago 
> > (1979 --
> > > >   
> > 
> > > Bunches of reasons: 1) it works; 2) the ruling was EXTREMELY 
> > limiated 
> > > in scope and even if it were not, it was a lower-court ruling, 
> so 
> > it 
> > > wouldn'tbeconsidered binding precedent in another state; 3) 
> times 
> > > have changed with faith-based initiatives all over the place --
> no 
> > > Christian organization will dare bring a lawsuit challenging TM 
> > when 
> > > a ruling against TM would make THEIR initiatives vulnerable 
also.
> > > 
> >  
> > **SNIP TO END**
> > 
> > The ruling in Malnak v. Yogi (592 F.2d 197 (1977)) was from the 
> Third 
> > District Federal Court and consequently only binding precedent in 
> the 
> > Third District, and only *persuasive* authority (but not binding) 
> in 
> > lower state courts within the Third District and therefore of 
only 
> > limited persuasive authority (if that) anywhere else.
> >
> 
> 
> 
> "...courts often rely on persuasive precedent from courts in other 
> jurisdictions that have previously dealt with similar issues."
> 
> http://en.wikipedia.org/wiki/Precedent 
> 
> I can't imagine a court considering this challenge by the AFA to 
> teaching convicts TM without referencing Malnak, and the use of 
> ceremonies (the puja) in teaching TM is probably going to be enough 
> for the court to find against Anklesaria's TSRP, even though he is 
> not teaching SCI along with TM:
> 
> "The concurring opinion in the Malnak case referenced three factors 
> to consider in determining whether a particular belief system 
> constitutes a religion for purposes of the Establishment Clause: 
(1) 
> Does the belief system address fundamental questions, or areas of 
> ultimate concern [e.g., theories of man's nature or his place in 
the 
> universe]? (2) Does the belief system proffer a comprehensive 
> systematic series of answers to these fundamental questions? (3) 
Are 
> there any practices that may be analogized to accepted religions 
> [e.g., formal services, ceremonial functions, existence of clergy 
> etc.]?"
> 
> http://www.waldorfcritics.org/active/articles/Gen_Couns_to_SD.html
>

My recollection isthat the test for government establishment of a 
religion in thepublic schools is MUCH more rigorous than for adults. 
For instance, the US armed forces employs a wide variety of clergy to 
serve as chaplains. They do ALL of the above and get paid by the US 
government for doing it.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, "authfriend" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
>  wrote:
> >
> > Judy, thanks for the correction; I did a quick search and didn't
> > think to check and see if this was a separate opinion.  I assumed 
> > (and apparently, incorrectly) that this was from the Court's actual 
> > ruling.
> 
> Well, I guess an opinion, concurring or dissenting, is
> technically part of the ruling; I'm not sure how the
> terminology works.  But I just wanted to point out that
> it's sort of an extended addendum that provides a
> detailed rationale for the ruling, and is by only one of
> the three judges.
> 
> The lower court ruling is much less interesting, much
> more doctrinaire and superficial.

Classic Jerry.
> 
> > Some judges do write with great clarity and those that do, not
> > infrequently, with great wit and charm.  The opinion I quoted is, I
> > feel, an accurate and cogent evaluation of the combined TM/SCI
> > position vis-a-vis religion.
> 
> I'm glad to know you think so.  My perspective on it
> is, to say the least, inexpert, so I'm pleased to have
> it confirmed.  It's the first, and so far the only,
> detailed opinion I've read on an appeals court case
> dealing with a constitutional issue, and I was really
> quite impressed by it.
> 
> I'd love to know more about Judge Adams.  Do you know
> his first name, by any chance?  I can't find it in the
> document.
> 
> Do appeals court rulings typically include opinions by
> one or more of the judges, or does one get written only
> if an individual judge is inspired to explore the issue
> in depth?
> 
> > One of the great stories from that case that I heard about was about
> > Jerry Jarvis  being cross-examined about the puja and its meaning 
> > from plaintiff's attorney.   The lawyer was attempting to get Jerry 
> > to admit that he (and all TM teachers) literally believed 
> > everything that was in the puja -- all the divine stuff -- and 
> > therefore, obviously, TM was a religion.  Jerry repeatedly denied 
> > the literalism of the puja and finally deadpanned that he did not 
> > *really* believe that Guru Dev had lotus feet.
> 
>   Never heard that; that's great.
>






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, "authfriend" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, anon_couscous_ff  
> wrote:
> 
> > I'm sorry, but ANY MUM study is suspect due to this "exectations"
> > pehenomenon. It doesn't mean David OJ, Skip A, Arick A, or Fred T.. or
> > whoever  are evil or ill-intentioned, but they live and work and
> > breath in a HIGH expectations environment. The epectations effect is
> > real. I personally don't trust a shred of their resseach. Show me some
> > good old time TOTAL independent research. By people not connected the
> > TMO, who are not new-agey and have no great love of meditation and
> > things mystical. I want to see research by Dennis Hopper -- with a 
> > Phd.
> 
> Trouble is, as Crichton points out, it cuts both ways.
> If you want to be able to have complete faith in the
> results, you don't want just *independent* researchers,
> you want *neutral* researchers with no bias either way.

yes,neutral was the idea I was shooting for. Enough diverse and
independent researchers wiil, in bulk, be neutral. The "errors" cancel
each others out.  (See Wisdom of Crowds, a fascinating read.)

 
> They'll be hard to find, if only because, being neutral,
> they'd have no particular interest in researching
> meditation.  

Thats why a good "random sample" of diverse and "independent",
reserchers are good, if not necessary.

>It's the folks who have an interest--pro
> or con--who tend to be motivated to go to the trouble
> to do the research (on just about any subject).

Well, yes and now. Long topic.
 
> But if you had some research that was biased in the con
> direction, at least you'd have the basis for a dialectic.

Yes, I think we are on same wave -- again read Wisdom of Crowds. It
changed my View. 







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread authfriend
--- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
<[EMAIL PROTECTED]> wrote:
>
> Judy, thanks for the correction; I did a quick search and didn't
> think to check and see if this was a separate opinion.  I assumed 
> (and apparently, incorrectly) that this was from the Court's actual 
> ruling.

Well, I guess an opinion, concurring or dissenting, is
technically part of the ruling; I'm not sure how the
terminology works.  But I just wanted to point out that
it's sort of an extended addendum that provides a
detailed rationale for the ruling, and is by only one of
the three judges.

The lower court ruling is much less interesting, much
more doctrinaire and superficial.

> Some judges do write with great clarity and those that do, not
> infrequently, with great wit and charm.  The opinion I quoted is, I
> feel, an accurate and cogent evaluation of the combined TM/SCI
> position vis-a-vis religion.

I'm glad to know you think so.  My perspective on it
is, to say the least, inexpert, so I'm pleased to have
it confirmed.  It's the first, and so far the only,
detailed opinion I've read on an appeals court case
dealing with a constitutional issue, and I was really
quite impressed by it.

I'd love to know more about Judge Adams.  Do you know
his first name, by any chance?  I can't find it in the
document.

Do appeals court rulings typically include opinions by
one or more of the judges, or does one get written only
if an individual judge is inspired to explore the issue
in depth?

> One of the great stories from that case that I heard about was about
> Jerry Jarvis  being cross-examined about the puja and its meaning 
> from plaintiff's attorney.   The lawyer was attempting to get Jerry 
> to admit that he (and all TM teachers) literally believed 
> everything that was in the puja -- all the divine stuff -- and 
> therefore, obviously, TM was a religion.  Jerry repeatedly denied 
> the literalism of the puja and finally deadpanned that he did not 
> *really* believe that Guru Dev had lotus feet.

  Never heard that; that's great.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
Reply below:

--- In FairfieldLife@yahoogroups.com, bob_brigante <[EMAIL PROTECTED]> wrote:
**SNIP
> 
> "...courts often rely on persuasive precedent from courts in other 
> jurisdictions that have previously dealt with similar issues."
> 
> http://en.wikipedia.org/wiki/Precedent 
> 
> I can't imagine a court considering this challenge by the AFA to 
> teaching convicts TM without referencing Malnak, and the use of 
> ceremonies (the puja) in teaching TM is probably going to be enough 
> for the court to find against Anklesaria's TSRP, even though he is 
> not teaching SCI along with TM:
> 
> "The concurring opinion in the Malnak case referenced three factors 
> to consider in determining whether a particular belief system 
> constitutes a religion for purposes of the Establishment Clause: (1) 
> Does the belief system address fundamental questions, or areas of 
> ultimate concern [e.g., theories of man's nature or his place in the 
> universe]? (2) Does the belief system proffer a comprehensive 
> systematic series of answers to these fundamental questions? (3) Are 
> there any practices that may be analogized to accepted religions 
> [e.g., formal services, ceremonial functions, existence of clergy 
> etc.]?"
> 
> http://www.waldorfcritics.org/active/articles/Gen_Couns_to_SD.html
>
**END**

Though true in theory, the persuasive authority of other courts from
other districts or jurisdictions are pretty negligible.  When such
outside authority is cited the judge will almost always note on the
record that such authority is not binding.

But, it's true that if the arguments contained within another court
are well-constructed, the court will sometimes import the arguments
into their own decision.  If, however, you're making an argument only
(or even just primarily) using non-binding authority you are in a very
weak position (generally).






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
Judy, thanks for the correction; I did a quick search and didn't think
to check and see if this was a separate opinion.  I assumed (and
apparently, incorrectly) that this was from the Court's actual ruling.

Some judges do write with great clarity and those that do, not
infrequently, with great wit and charm.  The opinion I quoted is, I
feel, an accurate and cogent evaluation of the combined TM/SCI
position vis-a-vis religion.

One of the great stories from that case that I heard about was about
Jerry Jarvis  being cross-examined about the puja and its meaning from
plaintiff's attorney.   The lawyer was attempting to get Jerry to
admit that he (and all TM teachers) literally believed everything that
was in the puja -- all the divine stuff -- and therefore, obviously,
TM was a religion.  Jerry repeatedly denied the literalism of the puja
and finally deadpanned that he did not *really* believe that Guru Dev
had lotus feet.
**

--- In FairfieldLife@yahoogroups.com, "authfriend" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
>  wrote:
> 
> > The ruling in Malnak v. Yogi (592 F.2d 197 (1977)) was from the 
> > Third District Federal Court and consequently only binding 
> > precedent in the Third District, and only *persuasive* authority 
> > (but not binding) in lower state courts within the Third District 
> > and therefore of only limited persuasive authority (if that) 
> > anywhere else.
> 
> Ah, a fellow Malnak fan...
> 
> These quotations are not from the actual ruling
> of the Third Court of Appeals but from a concurring
> opinion submitted by one of the judges (Adams).
> 
> It's long and quite thoughtful, and something of an
> education in and of itself in freedom-of/from-religion
> issues and how the First Amendment is interpreted in
> specific cases (at least it was for me).  It's pretty
> clearly written and not all that technical.  I found
> it fascinating.
>






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread bob_brigante
--- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
<[EMAIL PROTECTED]> wrote:
>
> Comment below:
> 
> --- In FairfieldLife@yahoogroups.com, "sparaig"  wrote:
>   
> > > [Brigante wrote:] Not exactly a surprise, in fact I was 
wondering 
> why there had not 
> > > been a challenge earlier, given the Malnak ruling years ago 
> (1979 --
> > >   
> 
> > Bunches of reasons: 1) it works; 2) the ruling was EXTREMELY 
> limiated 
> > in scope and even if it were not, it was a lower-court ruling, 
so 
> it 
> > wouldn'tbeconsidered binding precedent in another state; 3) 
times 
> > have changed with faith-based initiatives all over the place --
no 
> > Christian organization will dare bring a lawsuit challenging TM 
> when 
> > a ruling against TM would make THEIR initiatives vulnerable also.
> > 
>  
> **SNIP TO END**
> 
> The ruling in Malnak v. Yogi (592 F.2d 197 (1977)) was from the 
Third 
> District Federal Court and consequently only binding precedent in 
the 
> Third District, and only *persuasive* authority (but not binding) 
in 
> lower state courts within the Third District and therefore of only 
> limited persuasive authority (if that) anywhere else.
>



"...courts often rely on persuasive precedent from courts in other 
jurisdictions that have previously dealt with similar issues."

http://en.wikipedia.org/wiki/Precedent 

I can't imagine a court considering this challenge by the AFA to 
teaching convicts TM without referencing Malnak, and the use of 
ceremonies (the puja) in teaching TM is probably going to be enough 
for the court to find against Anklesaria's TSRP, even though he is 
not teaching SCI along with TM:

"The concurring opinion in the Malnak case referenced three factors 
to consider in determining whether a particular belief system 
constitutes a religion for purposes of the Establishment Clause: (1) 
Does the belief system address fundamental questions, or areas of 
ultimate concern [e.g., theories of man's nature or his place in the 
universe]? (2) Does the belief system proffer a comprehensive 
systematic series of answers to these fundamental questions? (3) Are 
there any practices that may be analogized to accepted religions 
[e.g., formal services, ceremonial functions, existence of clergy 
etc.]?"

http://www.waldorfcritics.org/active/articles/Gen_Couns_to_SD.html







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread authfriend
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff <[EMAIL PROTECTED]> 
wrote:

> I'm sorry, but ANY MUM study is suspect due to this "exectations"
> pehenomenon. It doesn't mean David OJ, Skip A, Arick A, or Fred T.. or
> whoever  are evil or ill-intentioned, but they live and work and
> breath in a HIGH expectations environment. The epectations effect is
> real. I personally don't trust a shred of their resseach. Show me some
> good old time TOTAL independent research. By people not connected the
> TMO, who are not new-agey and have no great love of meditation and
> things mystical. I want to see research by Dennis Hopper -- with a 
> Phd.

Trouble is, as Crichton points out, it cuts both ways.
If you want to be able to have complete faith in the
results, you don't want just *independent* researchers,
you want *neutral* researchers with no bias either way.

They'll be hard to find, if only because, being neutral,
they'd have no particular interest in researching
meditation.  It's the folks who have an interest--pro
or con--who tend to be motivated to go to the trouble
to do the research (on just about any subject).

But if you had some research that was biased in the con
direction, at least you'd have the basis for a dialectic.







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread authfriend
--- In FairfieldLife@yahoogroups.com, "Marek Reavis" 
<[EMAIL PROTECTED]> wrote:

> The ruling in Malnak v. Yogi (592 F.2d 197 (1977)) was from the 
> Third District Federal Court and consequently only binding 
> precedent in the Third District, and only *persuasive* authority 
> (but not binding) in lower state courts within the Third District 
> and therefore of only limited persuasive authority (if that) 
> anywhere else.

Ah, a fellow Malnak fan...

These quotations are not from the actual ruling
of the Third Court of Appeals but from a concurring
opinion submitted by one of the judges (Adams).

It's long and quite thoughtful, and something of an
education in and of itself in freedom-of/from-religion
issues and how the First Amendment is interpreted in
specific cases (at least it was for me).  It's pretty
clearly written and not all that technical.  I found
it fascinating.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff <[EMAIL PROTECTED]> 
[...]
> I'm sorry, but ANY MUM study is suspect due to this "exectations"
> pehenomenon. It doesn't mean David OJ, Skip A, Arick A, or Fred T.. or
> whoever  are evil or ill-intentioned, but they live and work and
> breath in a HIGH expectations environment. The epectations effect is
> real. I personally don't trust a shred of their resseach. Show me some
> good old time TOTAL independent research. By people not connected the
> TMO, who are not new-agey and have no great love of meditation and
> things mystical. I want to see research by Dennis Hopper -- with a 
Phd.
>

As I said, the most recent TM research is done by teams of TMing and 
non-TMing researchers, and even, gasp, by non-TMing researchers all by 
themselves.

One study was done by people with different agendas: mindfulness, TM, 
and Benson's relaxation response, and the second  came out ahead in all 
areas, while the first was first in only one or two. The third was 
often worse than the controls.





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, "jim_flanegin" <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, Sal Sunshine  
> wrote:
> >
> > On Apr 12, 2006, at 4:02 PM, bob_brigante wrote:
> > 
> > >  Unless the court rejects the thinking by the Malnak court 
> (certainly
> > >  always a possibility in American jurisprudence), the court 
will 
> find
> > >  that TM amounts to establishment of religion,
> > 
> > And where they'd get a crazy idea like that is beyond me.  Cult 
is 
> a 
> > bit more accurate.
> > 
> > >  whether the convict is
> > >  compelled to do so or offered TM as an option.
> > 
> > TM or jail time?  It's close.
> > 
> > Sal
> 
> Wholeness vs Holeness?
>

As my son pointed out, bum-rape vs TM? What a choice...






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "Patrick Gillam"  
> wrote:
> >
> > --- anon_couscous_ff wrote:
> > > 
> > > On the surface -- it feels good. At a deeper level, it raises
> > > questions: can other judges offer prayer and bible study as an
> > > alternative. Or attandance in a stict muslim madras(sp)?  Or as an
> > > apprentice in the Moonies' programs? Or attendance at a 12 part 
> tantra
> > > sex seminar?* How about a year with Scientology? 
> > 
> > When those programs offer reams of data demonstrating their 
> > efficacy, great. Let's put them to work.
> >
> 
> Ah,but all TM data is suspect because it is, well, TM data.
> 
> Never mind if many/most/all of the scientists working on the study 
> don't practice TM. If its TM, its fake data, by definition.


Well, sort of, yes. I just read a novel, that perhaps ironically,
weaves a lot of scientific studies into the plot. ("State of Fear" --
Michael Critcheon). One set of studies, that I have vaguely seen over
the year -- along with the great cognitive science stuff that
periodically comes out -- was on expectations and bias in polling and
scientific studies. He cited a number of studies along the lines of 
sending two genitically identical sets of mice to two sets of labs,
where one lab was told (falsely) that the mice were bred specially for
intelligence and they were 70% above the norm. The other lab was told
the inverse aka stupid mice. Each lab provided results parallel to the
expectations. Same with polling -- each poller READS the same quesions
from a card, but one set of pllsters are told people on average answer
yes 70% of the time. Other set of pollers are told that people
generaly answerno 70% of the time. The poll results from all poltsers
correllated closely with the "expectations". Lotsof similar studies.

It does not require ill intentions. But subtle cues of expectations
can highly drive and distort results of studies. Why may not be fully
clear. But there is a mountain of evidence along these lines. Thus the
move towards double blind studies -- where the subjects AND the
reserchers don't know who got the real drug and who got the placebo.

I'm sorry, but ANY MUM study is suspect due to this "exectations"
pehenomenon. It doesn't mean David OJ, Skip A, Arick A, or Fred T.. or
whoever  are evil or ill-intentioned, but they live and work and
breath in a HIGH expectations environment. The epectations effect is
real. I personally don't trust a shred of their resseach. Show me some
good old time TOTAL independent research. By people not connected the
TMO, who are not new-agey and have no great love of meditation and
things mystical. I want to see research by Dennis Hopper -- with a Phd. 








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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
Comment below:

--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
  
> > [Brigante wrote:] Not exactly a surprise, in fact I was wondering 
why there had not 
> > been a challenge earlier, given the Malnak ruling years ago 
(1979 --
> >   

> Bunches of reasons: 1) it works; 2) the ruling was EXTREMELY 
limiated 
> in scope and even if it were not, it was a lower-court ruling, so 
it 
> wouldn'tbeconsidered binding precedent in another state; 3) times 
> have changed with faith-based initiatives all over the place --no 
> Christian organization will dare bring a lawsuit challenging TM 
when 
> a ruling against TM would make THEIR initiatives vulnerable also.
> 
 
**SNIP TO END**

The ruling in Malnak v. Yogi (592 F.2d 197 (1977)) was from the Third 
District Federal Court and consequently only binding precedent in the 
Third District, and only *persuasive* authority (but not binding) in 
lower state courts within the Third District and therefore of only 
limited persuasive authority (if that) anywhere else.

Whether or not TM "works", the Court in Malnak specifically evaluated 
whether or not the Establishment Clause of the US Constitution (the 
First Amendment, which bans the government from either promoting or 
prohibiting religion) was violated by the *combined* teaching of 
TM/SCI in the New Jersey public schools, and not the teaching of TM 
by itself (although the Court does reference a Law Review article 
from the University of Minnesota that argues TM alone would be 
violative of the Establishment Clause in Footnote 54, see below).  
The relevant passages from that decision follow:

"Although Transcendental Meditation by itself might be defended as 
appellants sought to do in this appeal as primarily a relaxation or 
concentration technique with no "ultimate" significance,[FN54] the 
New Jersey course at issue here was not a course in TM alone, but a 
course in the Science of Creative Intelligence. Creative 
Intelligence, according to the textbook in the record, is "at the 
basis of all growth and progress" and is, indeed, "the basis of 
everything." Transcendental Meditation is presented as a means for 
contacting this "impelling life force" so as to achieve "inner 
contentment." Creative Intelligence can provide such "contentment" 
because it is "a field of unlimited happiness," which is at work 
everywhere and visible in such diverse places as in "the changing of 
the seasons" and "the wings of a butterfly." That the existence of 
such a pervasive and fundamental life force is a matter of "ultimate 
concern" can hardly be questioned. It is put forth as the foundation 
of life and the world itself.[FN55]

FN54. The religious significance of TM alone is disputed. It has been 
defended as wholly consistent with other religious views, and 
attacked by adherents of those religions as premeated with Hinduism. 
Compare D. Denniston & P. McWilliams, The TM Book 14-19 (1975) With 
Beware of TM, 19 Christianity Today 1168 (1975). The extent of its 
involvement with "ultimate concerns" might well vary from course to 
course. For a comprehensive survey of the literature for and against 
TM, and the distinctions between TM and SCI/TM See Note, 
Transcendental Meditation and The Meaning of Religion Under the 
Establishment Clause, 62 Minn.L.Rev. 887 (1978). The Minnesota 
commentator expresses considerable doubt that any TM course could 
pass constitutional muster. Id. 938-48.

FN55. Appellants have argued that Creative Intelligence is a science, 
not a religion, and that their claims for it are scientifically 
verifiable. But theology, too, may be regarded as a science, and many 
theologians in the past have thought that the existence of their God 
could be proved by reason. It is true that some of those favoring a 
broad definition of religion have suggested that one indicia of a 
religious nature is that such beliefs are not based on reason alone, 
but are to some extent based on faith. See United States v. Kauten, 
133 F.2d 703, 708 (2d Cir. 1943); Boyan, Defining Religion in 
Operational and Institutional Terms, 116 U.Pa.L.Rev. 479, 485-86 
(1968). I think it sufficient to conclude that a court cannot accept 
nor doubt a believer's assertion that his views are "true" and 
provable empirically. Such a controversy would involve an examination 
of the truth or falsity of beliefs rather than their nature.

The Science of Creative Intelligence provides answers to questions 
concerning the nature both of world and man, the underlying 
sustaining force of the universe, and the way to unlimited happiness. 
Although it is not as comprehensive as some religions for example, it 
does not appear to include a complete or absolute moral code it is 
nonetheless sufficiently comprehensive to avoid the suggestion of an 
isolated theory unconnected with any particular world view or basic 
belief system. SCI/TM provides a way, indeed in the eyes of its 
adherents, The way to full self realization an

[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread jim_flanegin
--- In FairfieldLife@yahoogroups.com, Sal Sunshine <[EMAIL PROTECTED]> 
wrote:
>
> On Apr 12, 2006, at 4:02 PM, bob_brigante wrote:
> 
> >  Unless the court rejects the thinking by the Malnak court 
(certainly
> >  always a possibility in American jurisprudence), the court will 
find
> >  that TM amounts to establishment of religion,
> 
> And where they'd get a crazy idea like that is beyond me.  Cult is 
a 
> bit more accurate.
> 
> >  whether the convict is
> >  compelled to do so or offered TM as an option.
> 
> TM or jail time?  It's close.
> 
> Sal

Wholeness vs Holeness?





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Re: [FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Sal Sunshine
On Apr 12, 2006, at 4:02 PM, bob_brigante wrote:

 Unless the court rejects the thinking by the Malnak court (certainly 
 always a possibility in American jurisprudence), the court will find 
 that TM amounts to establishment of religion,

And where they'd get a crazy idea like that is beyond me.  Cult is a bit more accurate.

 whether the convict is 
 compelled to do so or offered TM as an option.

TM or jail time?  It's close.

Sal


[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread TurquoiseB
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff 
<[EMAIL PROTECTED]> wrote:
> --- In FairfieldLife@yahoogroups.com, TurquoiseB  wrote:
> > --- In FairfieldLife@yahoogroups.com, "Patrick Gillam" 
> >  wrote:
> > > --- TurquoiseB wrote:
> > > >
> > > > it's fuckin' inappropriate for *any* judge *anywhere* 
> > > > to be able to compel *anyone* to practice *any* form of 
> > > > meditation or spiritual practice for *any* reason. Period.
> > > 
> > > I don't believe compulsion enters in; I believe the parolee 
> > > decides whether to participate in the program. I've forgotten 
> > > the details.
> > > 
> > > The dicey question might be whether the parolee gets 
> > > easier terms as a result of participation. Again, I don't 
recall.
> > > 
> > > This question is kinda like the grammar question I commented 
> > > on a moment ago. I don't know what the rules are, but I know 
> > > what feels right, and it feels like the Enlightened Sentencing 
> > > Program is a great thing.
> > 
> > That's cool.  Doesn't feel that way to me.
> > Feels like the top of a very steep and very
> > slippery slope to me.
> 
> On the surface -- it feels good. At a deeper level, it raises
> questions: can other judges offer prayer and bible study as an
> alternative. Or attandance in a stict muslim madras(sp)?  Or as an
> apprentice in the Moonies' programs? Or attendance at a 12 part 
> tantra sex seminar?* How about a year with Scientology? 

Tonight I attended a concert of medieval music,
songs of pilgrimage, as performed by Jordi Savall
and his wonderful Hesperion XXI ensemble. The 
concert was held in the Cathedrale Saint-Theodorit 
in nearby Uzes.

Although the music was wonderful, knowing the 
history of this cathedral, it was impossible not
to think of this FFL thread while sitting there.
It's a fairly normal cathedral, as French cathe-
drals go, except that it has a second and third 
floor to it, galleries off to each side that 
allowed whoever was standing there to look 
down on the Mass through metal grillwork.

You see, in the late 17th century, the primarily
Catholic townspeople decided that -- for their
own good -- all of the Protestants should be
forced to attend Mass every Sunday.  They were
not allowed to take communion, of course, and
were equally not allowed to mingle with the
"real" people down in the main area of the
cathedral.  So -- again, for their own good --
they were herded into these second- and third-
floor galleries and forced to stand there while
the Catholics had their Mass downstairs.

I repeat my contention; no matter who you are
or how theoretically noble your intentions, 
when you can justify imposing your beliefs 
and practices on someone "for their own good,"
you're at the top of a very slippery slope
indeed.  The road to hell paved with good
intentions, and all that...







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Re: [FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Bhairitu
One of my tantric guru's disciples was a juvenile officer and had him 
come in and teach some juvenile offenders meditation.  It was very 
helpful and the kids enjoyed it.  He had them write short papers on 
meditation and I read some of them.  It seemed to mean a lot to these 
kids.  One touching thing was that he found out that it was one of the 
participants birthday so he brought a birthday cake.  She was in tears 
because her family had NEVER celebrated her birthday.

TurquoiseB wrote:

>While he's often right on, I think Jody (Guruphiliac) missed 
>the boat on this one. While the lawyer in question may be
>Christian, what he's saying in his lawsuit is *correct*:
>it's fuckin' inappropriate for *any* judge *anywhere* 
>to be able to compel *anyone* to practice *any* form of 
>meditation or spiritual practice for *any* reason. Period.
>
>Maharishi never got this, IMO because he's a control 
>freak who *already* believes that he should be able to 
>run the lives of his teachers the way *he* feels they 
>should be run.  It's a short hop from believing that to
>believing that he has the right to mandate the lifestyle 
>of everyone else in society.  And he's on record as 
>believing that he *does* have that right, and that TM 
>*should* be mandated by governments.  
>
>Talk about missing the point.  Personally, I don't see
>that much difference between Maharishi's stance on this
>subject and that of the Ayatollahs in Iran or Afghanistan 
>who wish to "enforce" Islam, or that of religious fanatics 
>in every society and in every time who have felt they had
>the right to impose their beliefs on others.
>
>The real issue is freedom of choice with regard to one's
>spiritual or meditational practices.  In my opinion, anyone 
>who is willing to take that freedom away from someone, while 
>claiming it's "for their own good," is on the same level as
>the despot or dictator who would take away their physical 
>freedom.
>
>
>--- In FairfieldLife@yahoogroups.com, t3rinity <[EMAIL PROTECTED]> wrote:
>  
>
>>http://headlines.agapepress.org/archive/4/112006e.asp
>>
>>Jody (Guruphiliac) comments quite rightly:
>>
>>That bulwark of spiritual ignorance impeding progress and cultural
>>evolution, the American Family Association, is going after the 
>>
>>
>judge
>  
>
>>who sentenced a crack-smoking vote defrauder to a course in 
>>
>>
>TM™.
>  
>
>>Actually, it's TMSM, or Transcendental Meditation Stress 
>>
>>
>Management,
>  
>
>>and not affiliated with the Madharishi anymore.Leading the charge 
>>
>>
>for
>  
>
>>the AFA is lawyer Brian Fahling:"You've got a governmental actor 
>>
>>
>who's
>  
>
>>ordering an individual to participate in something that perhaps may
>>run contrary to their own particular beliefs and belief system."
>>Still, the attorney says he is not really surprised by the judge's
>>order because it is consistent with a larger trend toward
>>secularization that is progressing in America.Wait a minute... The
>>government is ordering an individual to participate in something 
>>
>>
>that
>  
>
>>is being construed as a religious belief, yet the fact of this is
>>evidence of the progressing secularization of America?We guess the 
>>
>>
>guy
>  
>
>>is as uptight about his idea of religion as he looks in his 
>>
>>
>photograph.
>  
>
>http://www.agapepress.org/PhotoArchives/PhotoFiles/LoRes/BFahling_LoR
>es.jpg
>  
>
>> Who'da thunk that?What he means to say is that TM™ is the 
>>
>>
>wrong
>  
>
>>religion. They all are... except his. There is no doubt the guy 
>>
>>
>would
>  
>
>>be flipping cartwheels if the judge had sentenced the girl to 
>>
>>
>attend a
>  
>
>>Southern Baptist church instead. It would have been much harsher
>>outcome for the poor thing if you asked us.
>>
>>http://guruphiliac.blogspot.com/
>>
>>
>>
>
>
>
>
>
>
>To subscribe, send a message to:
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>
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>and click 'Join This Group!' 
>Yahoo! Groups Links
>
>
>
> 
>
>
>
>  
>



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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, "sparaig" <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, bob_brigante  
> wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, anonybliss_ff  
> > wrote:
> > >
> > > Correction! 
> > > No one is *compelled* to participate in "The Enlightened
> > > Sentencing Program" developed ny Farrokh. It's an option made
> > > available, and accepted by the *choice* of the participant 
after 
> > they
> > > learn what the program entails. They take *responsibility* for 
> > their
> > > *choice* and their own lives.
> > > 
> > > The stories of the participants--in their own words--which you 
can
> > > find on the TESP web site can be quite moving.
> > > 
> > > The whole civil liberties question has already been dealt with 
on 
> > this
> > > issue, I believe, even more so with the program no longer being
> > > associated with the TM movement.
> > > 
> > > 
> > 
> > **
> > 
> > Unless the court rejects the thinking by the Malnak court 
> (certainly 
> > always a possibility in American jurisprudence), the court will 
> find 
> > that TM amounts to establishment of religion, whether the convict 
> is 
> > compelled to do so or offered TM as an option. All the elements 
> that 
> > made the Malnak court find TM/SCI to be a religious practice are 
in 
> > place, even though Anklesaria has disassociated from the TMO over 
> > the price increases.
> >
> 
> Malnak teaches SCI?
>

Er, meant to ask "*Farokh* teaches SCI?"







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, bob_brigante <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, anonybliss_ff  
> wrote:
> >
> > Correction! 
> > No one is *compelled* to participate in "The Enlightened
> > Sentencing Program" developed ny Farrokh. It's an option made
> > available, and accepted by the *choice* of the participant after 
> they
> > learn what the program entails. They take *responsibility* for 
> their
> > *choice* and their own lives.
> > 
> > The stories of the participants--in their own words--which you can
> > find on the TESP web site can be quite moving.
> > 
> > The whole civil liberties question has already been dealt with on 
> this
> > issue, I believe, even more so with the program no longer being
> > associated with the TM movement.
> > 
> > 
> 
> **
> 
> Unless the court rejects the thinking by the Malnak court 
(certainly 
> always a possibility in American jurisprudence), the court will 
find 
> that TM amounts to establishment of religion, whether the convict 
is 
> compelled to do so or offered TM as an option. All the elements 
that 
> made the Malnak court find TM/SCI to be a religious practice are in 
> place, even though Anklesaria has disassociated from the TMO over 
> the price increases.
>

Malnak teaches SCI?






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, bob_brigante <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, t3rinity  wrote:
> >
> > http://headlines.agapepress.org/archive/4/112006e.asp
> > 
> > Jody (Guruphiliac) comments quite rightly:
> > 
> > That bulwark of spiritual ignorance impeding progress and cultural
> > evolution, the American Family Association, is going after the 
> judge
> > who sentenced a crack-smoking vote defrauder to a course in 
> TM™.
> > Actually, it's TMSM, or Transcendental Meditation Stress 
> Management,
> > and not affiliated with the Madharishi anymore.Leading the charge 
> for
> > the AFA is lawyer Brian Fahling:"You've got a governmental actor 
> who's
> > ordering an individual to participate in something that perhaps 
may
> > run contrary to their own particular beliefs and belief system."
> > Still, the attorney says he is not really surprised by the judge's
> > order because it is consistent with a larger trend toward
> > secularization that is progressing in America.Wait a minute... The
> > government is ordering an individual to participate in something 
> that
> > is being construed as a religious belief, yet the fact of this is
> > evidence of the progressing secularization of America?We guess 
the 
> guy
> > is as uptight about his idea of religion as he looks in his 
> photograph.
> > 
> 
http://www.agapepress.org/PhotoArchives/PhotoFiles/LoRes/BFahling_LoR
> es.jpg
> > 
> >  Who'da thunk that?What he means to say is that TM™ is the 
> wrong
> > religion. They all are... except his. There is no doubt the guy 
> would
> > be flipping cartwheels if the judge had sentenced the girl to 
> attend a
> > Southern Baptist church instead. It would have been much harsher
> > outcome for the poor thing if you asked us.
> > 
> > http://guruphiliac.blogspot.com/
> >
> 
> **
> 
> Not exactly a surprise, in fact I was wondering why there had not 
> been a challenge earlier, given the Malnak ruling years ago (1979 --
>   
> 


Bunches of reasons: 1) it works; 2) the ruling was EXTREMELY limiated 
in scope and even if it were not, it was a lower-court ruling, so it 
wouldn'tbeconsidered binding precedent in another state; 3) times 
have changed with faith-based initiatives all over the place --no 
Christian organization will dare bring a lawsuit challenging TM when 
a ruling against TM would make THEIR initiatives vulnerable also.

http://www.waldorfcritics.org/active/articles/Gen_Couns_to_SD.html ).
>  
> And, although the AFA would certainly not have objected to the 
> convict being sentenced to a Baptist church, the higher courts 
would 
> have objected to this also.
> 
> The courts are almost certainly going to see somebody sentenced to 
> TM as violating the establishment clause of the U.S. Constitution, 

Not really.

> which, along with the price increases everywhere except India, 
makes 
> India the place to promote TM now -- a few candles lit around the 
> world outside of India has been accomplished, but the 800+ million 
> Hindus of Indias are going to have to be the lighthouse for the 
> world from here on.
> 

Again, not really. Lynch is a real go-getter. He may not be able to 
raise $7 billion directly, but he can certainly get matching funds 
lesser amounts from larger corporations. The private school that 
teaches TM that is mentioned on his website gets its funding from 
major corporations after all.







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread bob_brigante
--- In FairfieldLife@yahoogroups.com, "Patrick Gillam" 
<[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, anon_couscous_ff  
wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, "Patrick Gillam" 

> > wrote:
> > >
> > > --- anon_couscous_ff wrote:
> > > > 
> > > > On the surface -- it feels good. At a deeper level, it raises
> > > > questions: can other judges offer prayer and bible study as 
an
> > > > alternative. Or attandance in a stict muslim madras(sp)?  Or 
as an
> > > > apprentice in the Moonies' programs? Or attendance at a 12 
part tantra
> > > > sex seminar?* How about a year with Scientology? 
> > > 
> > > When those programs offer reams of data demonstrating their 
> > > efficacy, great. Let's put them to work.
> > >
> > 
> > You fool! Tom Cruise has already studied the history of
> > psycho-therapy. ("HAVE YOU? !!"). What more do you 
need!!
> > :)
> 


> Or when Tom says it's okay -- I meant to say that, and forgot.
>



Tom Cruise comes from a nightmare background, so it's not hard to 
understand why he seems off:
http://tinyurl.com/ek52j

"As Tom Cruise prepares to be a proud papa again, he has implied 
there's one man he definitely will not be taking lessons in 
daddyhood from. 

His own father. 

The War of the Worlds star says in the upcoming issue of Parade 
magazine that his father, Thomas Cruise Mapother III, who died in 
the mid-'80s of cancer, was abusive. 

"He was a bully and a coward. He was the kind of person where, if 
something goes wrong, they kick you," Cruise said. "It was a great 
lesson in my life--how he'd lull you in, make you feel safe and 
then, bang!"  
 

Even when he was a child he felt his dad was someone to watch out 
for. "For me, it was like, 'There's something wrong with this guy. 
Don't trust him. Be careful around him.' There's that anxiety," 
Cruise divulged. His mother, Mary Lee, divorced his dad in 1974. 

Cruise said he approached his father for a reconciliation (sometime 
between Risky Business and Top Gun), when Mapother was on his 
deathbed. "He would only meet me on the basis that I didn't ask him 
anything about the past," the 43-year-old actor said. 

 
The estranged father and son reunited, but there was no closure to 
be had. "When I saw him in pain," Cruise reminisced, "I 
thought, 'Wow, what a lonely life.' He was in his late 40s. It was 
sad." 

And although going to school was a chance to flee his unhappy home, 
the classroom offered little solace for a young Cruise. Apparently, 
no one realized they were picking on the future "Tom Cruise" 
because, as a boy, he was harassed in the halls quite a bit. 

"So many times the big bully comes up, pushes me," Cruise 
remembered. "Your heart's pounding, you sweat and you feel like 
you're going to vomit...I don't like bullies." 







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, "Patrick Gillam" <[EMAIL PROTECTED]> 
wrote:
>
> --- anon_couscous_ff wrote:
> > 
> > On the surface -- it feels good. At a deeper level, it raises
> > questions: can other judges offer prayer and bible study as an
> > alternative. Or attandance in a stict muslim madras(sp)?  Or as an
> > apprentice in the Moonies' programs? Or attendance at a 12 part 
tantra
> > sex seminar?* How about a year with Scientology? 
> 
> When those programs offer reams of data demonstrating their 
> efficacy, great. Let's put them to work.
>

Ah,but all TM data is suspect because it is, well, TM data.

Never mind if many/most/all of the scientists working on the study 
don't practice TM. If its TM, its fake data, by definition.





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, anonybliss_ff <[EMAIL PROTECTED]> 
wrote:
>
> Correction! 
> No one is *compelled* to participate in "The Enlightened
> Sentencing Program" developed ny Farrokh. It's an option made
> available, and accepted by the *choice* of the participant after 
they
> learn what the program entails. They take *responsibility* for their
> *choice* and their own lives.
> 
> The stories of the participants--in their own words--which you can
> find on the TESP web site can be quite moving.
> 
> The whole civil liberties question has already been dealt with on 
this
> issue, I believe, even more so with the program no longer being
> associated with the TM movement.
> 

And only because Farokh is every bit as arrogant in his own way as 
the rest of the TMO. I'm pretty sure that he could have gotten David 
Lynch to pay the bill for anyone sentenced to practice TM, but its 
doubtful that he even considered trying.

So now there's a schism where there didn't need to be one because 
someone was too proud to ask someone else for funding.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread bob_brigante
--- In FairfieldLife@yahoogroups.com, anonybliss_ff <[EMAIL PROTECTED]> 
wrote:
>
> Correction! 
> No one is *compelled* to participate in "The Enlightened
> Sentencing Program" developed ny Farrokh. It's an option made
> available, and accepted by the *choice* of the participant after 
they
> learn what the program entails. They take *responsibility* for 
their
> *choice* and their own lives.
> 
> The stories of the participants--in their own words--which you can
> find on the TESP web site can be quite moving.
> 
> The whole civil liberties question has already been dealt with on 
this
> issue, I believe, even more so with the program no longer being
> associated with the TM movement.
> 
> 

**

Unless the court rejects the thinking by the Malnak court (certainly 
always a possibility in American jurisprudence), the court will find 
that TM amounts to establishment of religion, whether the convict is 
compelled to do so or offered TM as an option. All the elements that 
made the Malnak court find TM/SCI to be a religious practice are in 
place, even though Anklesaria has disassociated from the TMO over 
the price increases.





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread sparaig
--- In FairfieldLife@yahoogroups.com, TurquoiseB <[EMAIL PROTECTED]> wrote:
>
> While he's often right on, I think Jody (Guruphiliac) missed 
> the boat on this one. While the lawyer in question may be
> Christian, what he's saying in his lawsuit is *correct*:
> it's fuckin' inappropriate for *any* judge *anywhere* 
> to be able to compel *anyone* to practice *any* form of 
> meditation or spiritual practice for *any* reason. Period.

Did you note that this sentence was instead of jail time. IOW, 
basically a parole?







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread bob_brigante
--- In FairfieldLife@yahoogroups.com, t3rinity <[EMAIL PROTECTED]> wrote:
>
> http://headlines.agapepress.org/archive/4/112006e.asp
> 
> Jody (Guruphiliac) comments quite rightly:
> 
> That bulwark of spiritual ignorance impeding progress and cultural
> evolution, the American Family Association, is going after the 
judge
> who sentenced a crack-smoking vote defrauder to a course in 
TM™.
> Actually, it's TMSM, or Transcendental Meditation Stress 
Management,
> and not affiliated with the Madharishi anymore.Leading the charge 
for
> the AFA is lawyer Brian Fahling:"You've got a governmental actor 
who's
> ordering an individual to participate in something that perhaps may
> run contrary to their own particular beliefs and belief system."
> Still, the attorney says he is not really surprised by the judge's
> order because it is consistent with a larger trend toward
> secularization that is progressing in America.Wait a minute... The
> government is ordering an individual to participate in something 
that
> is being construed as a religious belief, yet the fact of this is
> evidence of the progressing secularization of America?We guess the 
guy
> is as uptight about his idea of religion as he looks in his 
photograph.
> 
http://www.agapepress.org/PhotoArchives/PhotoFiles/LoRes/BFahling_LoR
es.jpg
> 
>  Who'da thunk that?What he means to say is that TM™ is the 
wrong
> religion. They all are... except his. There is no doubt the guy 
would
> be flipping cartwheels if the judge had sentenced the girl to 
attend a
> Southern Baptist church instead. It would have been much harsher
> outcome for the poor thing if you asked us.
> 
> http://guruphiliac.blogspot.com/
>

**

Not exactly a surprise, in fact I was wondering why there had not 
been a challenge earlier, given the Malnak ruling years ago (1979 --
  
http://www.waldorfcritics.org/active/articles/Gen_Couns_to_SD.html ).
 
And, although the AFA would certainly not have objected to the 
convict being sentenced to a Baptist church, the higher courts would 
have objected to this also.

The courts are almost certainly going to see somebody sentenced to 
TM as violating the establishment clause of the U.S. Constitution, 
which, along with the price increases everywhere except India, makes 
India the place to promote TM now -- a few candles lit around the 
world outside of India has been accomplished, but the 800+ million 
Hindus of Indias are going to have to be the lighthouse for the 
world from here on.

Bob Brigante
http://geocities.com/bbrigante






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
Comment below:

--- In FairfieldLife@yahoogroups.com, "Patrick Gillam" <[EMAIL PROTECTED]> 
wrote:

**SNIP**
> 
> To me, the Enlightened Sentencing Program isn't justified 
> because other programs are religiously slanted, but because 
> the ESP's been demonstrated effective regardless of the 
> probationer's beliefs. That's why Judge Mason considered 
> it in the first place, and why a growing circle of his colleagues 
> support it.
> 
> It's the old argument that if you can measure results and 
> replicate them, it's hard to classify the program as religious.
> 
> Some spiritually based programs can't be passed along to 
> non-believers. To illustrate, I'll retell a story I read in a 
> biography of Mother Teresa.
> 
> Mother Teresa's Missionaries of Charity work in close 
> quarters with people who have highly contagious diseases. 
> Yet the Missionaries get sick much less than Indian 
> government workers who deal with the same people.
> 
> Government managers asked Mother Teresa to teach 
> them her methods in order to spare the health of 
> government social services workers. Mother Teresa 
> said, "I can't teach you my methods because I don't 
> have any. I believe the key to our good health is this: 
> we see the people we aid as the suffering body of 
> Christ. You cannot ask your people to take that point 
> of view, hence, the good health we enjoy is out of 
> your reach." [my paraphrase, of course]
> 
> If Farrokh were asking his students to adopt an attitude 
> or belief, the Enlightened Sentencing Program would 
> have a problem -- or, let's say, bigger problems than
> it has. But he's not.
>
**END**

My comments that Farrokh's meditation was no more religiously slanted 
(and even less so) than other programs ordered as part of a person's 
probation was more addressed to Barry's assertion that no judge 
should compel participation in an activity that was religious in 
nature (to some degree) than to yours.

And, for what it's worth, the participation of probationers in these 
other programs (both quasi-religious, religious or secular) also have 
a track record of success (once again, to some degree) in helping 
probationers stay out of jail and prison.  As you point out, the ESP 
doesn't ask for the probationers to adopt an attitude of belief, but 
other programs that do demand some portion of belief can similarly 
point to positive results.  Probably not on as profound a level but 
good enough to be enshrined in the criminal justice system.

The Mother Teresa and non-believers story isn't totally apt in this 
Christian-dominated culture.  Lots and lots of folks "find Jesus" in 
the jails and prisons of this country, whereas I'd expect relatively 
few do in India.  So social services that are Christian-based don't 
stand out in this culture while something as positive and benign as 
the ESP, even without any belief component, is still an oddity and 
subject to a level of critique far more strict.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Patrick Gillam
--- Marek Reavis wrote:
>
> There are lots of orders and conditions given in any grant of 
> probation and they frequently involve participation in quasi-
> religious programs like AA or even church conducted programs with 
> very heavy Christian components (Teen Challenge, Rescue Mission, 
> etc.).  So to the degree that meditating using a mantra derived from 
> Hindu tantric sources has anything to do with religion, it's no 
> different from other terms and conditions given thousands of 
> probationers.  

To me, the Enlightened Sentencing Program isn't justified 
because other programs are religiously slanted, but because 
the ESP's been demonstrated effective regardless of the 
probationer's beliefs. That's why Judge Mason considered 
it in the first place, and why a growing circle of his colleagues 
support it.

It's the old argument that if you can measure results and 
replicate them, it's hard to classify the program as religious.

Some spiritually based programs can't be passed along to 
non-believers. To illustrate, I'll retell a story I read in a 
biography of Mother Teresa.

Mother Teresa's Missionaries of Charity work in close 
quarters with people who have highly contagious diseases. 
Yet the Missionaries get sick much less than Indian 
government workers who deal with the same people.

Government managers asked Mother Teresa to teach 
them her methods in order to spare the health of 
government social services workers. Mother Teresa 
said, "I can't teach you my methods because I don't 
have any. I believe the key to our good health is this: 
we see the people we aid as the suffering body of 
Christ. You cannot ask your people to take that point 
of view, hence, the good health we enjoy is out of 
your reach." [my paraphrase, of course]

If Farrokh were asking his students to adopt an attitude 
or belief, the Enlightened Sentencing Program would 
have a problem -- or, let's say, bigger problems than
it has. But he's not.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Patrick Gillam
--- In FairfieldLife@yahoogroups.com, anon_couscous_ff <[EMAIL PROTECTED]> 
wrote:
>
> --- In FairfieldLife@yahoogroups.com, "Patrick Gillam" 
> wrote:
> >
> > --- anon_couscous_ff wrote:
> > > 
> > > On the surface -- it feels good. At a deeper level, it raises
> > > questions: can other judges offer prayer and bible study as an
> > > alternative. Or attandance in a stict muslim madras(sp)?  Or as an
> > > apprentice in the Moonies' programs? Or attendance at a 12 part tantra
> > > sex seminar?* How about a year with Scientology? 
> > 
> > When those programs offer reams of data demonstrating their 
> > efficacy, great. Let's put them to work.
> >
> 
> You fool! Tom Cruise has already studied the history of
> psycho-therapy. ("HAVE YOU? !!"). What more do you need!!
> :)

Or when Tom says it's okay -- I meant to say that, and forgot.







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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Marek Reavis
Comment below:

--- In FairfieldLife@yahoogroups.com, "Patrick Gillam" <[EMAIL PROTECTED]> 
wrote:
>
> --- TurquoiseB wrote:
> >
> > it's fuckin' inappropriate for *any* judge *anywhere* 
> > to be able to compel *anyone* to practice *any* form of 
> > meditation or spiritual practice for *any* reason. Period.
> 
> I don't believe compulsion enters in; I believe the parolee 
> decides whether to participate in the program. I've forgotten 
> the details.
> 
> The dicey question might be whether the parolee gets 
> easier terms as a result of participation. Again, I don't recall.
> 
> This question is kinda like the grammar question I commented 
> on a moment ago. I don't know what the rules are, but I know 
> what feels right, and it feels like the Enlightened Sentencing 
> Program is a great thing.
>
**END**

The meditation offered through the Enlightened Sentencing program is 
offered to certain criminal defendants as an order of Probation, not 
Parole.  Parole is a type of supervision one is subjec to upon 
release from prison.  Probation is offered to someonw who is *not* 
going to prison (at least not right now and unless, perhaps, they 
violate the terms and conditions of their probation).  It's a kind of 
conditional release.

There are lots of orders and conditions given in any grant of 
probation and they frequently involve participation in quasi-
religious programs like AA or even church conducted programs with 
very heavy Christian components (Teen Challenge, Rescue Mission, 
etc.).  So to the degree that meditating using a mantra derived from 
Hindu tantric sources has anything to do with religion, it's no 
different from other terms and conditions given thousands of 
probationers.  And since most meditators don't have much of an 
inkling of the link to Hinduism, other than a cursory summary of the 
meditation's origins within that cultural context it seems that it is 
even less offensive than commonly accepted probation orders.

A criminal defendant can always reject probation if they object to 
any of the terms but that's rarely the case as most will agree to 
almost anything if that means they can get out of jail and/or avoid 
prison.





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Patrick Gillam
--- anon_couscous_ff wrote:
> 
> On the surface -- it feels good. At a deeper level, it raises
> questions: can other judges offer prayer and bible study as an
> alternative. Or attandance in a stict muslim madras(sp)?  Or as an
> apprentice in the Moonies' programs? Or attendance at a 12 part tantra
> sex seminar?* How about a year with Scientology? 

When those programs offer reams of data demonstrating their 
efficacy, great. Let's put them to work. 






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, "Patrick Gillam" <[EMAIL PROTECTED]>
wrote:
>
> --- anon_couscous_ff wrote:
> > 
> > On the surface -- it feels good. At a deeper level, it raises
> > questions: can other judges offer prayer and bible study as an
> > alternative. Or attandance in a stict muslim madras(sp)?  Or as an
> > apprentice in the Moonies' programs? Or attendance at a 12 part tantra
> > sex seminar?* How about a year with Scientology? 
> 
> When those programs offer reams of data demonstrating their 
> efficacy, great. Let's put them to work.
>

You fool! Tom Cruise has already studied the history of
psycho-therapy. ("HAVE YOU? !!"). What more do you need!!
:)






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread jyouells2000
--- In FairfieldLife@yahoogroups.com, TurquoiseB <[EMAIL PROTECTED]> wrote:
>
> While he's often right on, I think Jody (Guruphiliac) missed 
> the boat on this one. While the lawyer in question may be
> Christian, what he's saying in his lawsuit is *correct*:
> it's fuckin' inappropriate for *any* judge *anywhere* 
> to be able to compel *anyone* to practice *any* form of 
> meditation or spiritual practice for *any* reason. Period.
> 
> Maharishi never got this, IMO because he's a control 
> freak who *already* believes that he should be able to 
> run the lives of his teachers the way *he* feels they 
> should be run.  It's a short hop from believing that to
> believing that he has the right to mandate the lifestyle 
> of everyone else in society.  And he's on record as 
> believing that he *does* have that right, and that TM 
> *should* be mandated by governments.  
> 
> Talk about missing the point.  Personally, I don't see
> that much difference between Maharishi's stance on this
> subject and that of the Ayatollahs in Iran or Afghanistan 
> who wish to "enforce" Islam, or that of religious fanatics 
> in every society and in every time who have felt they had
> the right to impose their beliefs on others.
> 
> The real issue is freedom of choice with regard to one's
> spiritual or meditational practices.  In my opinion, anyone 
> who is willing to take that freedom away from someone, while 
> claiming it's "for their own good," is on the same level as
> the despot or dictator who would take away their physical 
> freedom.
> 
> 
>

I thought that the defendents were usually given a choice of 2
sentences, one with meditation, and one without that has more
'traditional' punishment. Does anyone know for sure?


JohnY'





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anon_couscous_ff
--- In FairfieldLife@yahoogroups.com, TurquoiseB <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "Patrick Gillam" 
>  wrote:
> > --- TurquoiseB wrote:
> > >
> > > it's fuckin' inappropriate for *any* judge *anywhere* 
> > > to be able to compel *anyone* to practice *any* form of 
> > > meditation or spiritual practice for *any* reason. Period.
> > 
> > I don't believe compulsion enters in; I believe the parolee 
> > decides whether to participate in the program. I've forgotten 
> > the details.
> > 
> > The dicey question might be whether the parolee gets 
> > easier terms as a result of participation. Again, I don't recall.
> > 
> > This question is kinda like the grammar question I commented 
> > on a moment ago. I don't know what the rules are, but I know 
> > what feels right, and it feels like the Enlightened Sentencing 
> > Program is a great thing.
> 
> That's cool.  Doesn't feel that way to me.
> Feels like the top of a very steep and very
> slippery slope to me.


On the surface -- it feels good. At a deeper level, it raises
questions: can other judges offer prayer and bible study as an
alternative. Or attandance in a stict muslim madras(sp)?  Or as an
apprentice in the Moonies' programs? Or attendance at a 12 part tantra
sex seminar?* How about a year with Scientology? 


*Don't laugh,  when I was in college, Herbert Marcuse -- an emmensely
popular professor and author -- and a Marxist -- was teaching at a
sister campus, teaching in his classes that not getting enough sex was
the root of most social problems and all wars. Governor Ronald Reagan
was not amused and tried to fire the tenured professor.






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread TurquoiseB
--- In FairfieldLife@yahoogroups.com, "Patrick Gillam" 
<[EMAIL PROTECTED]> wrote:
> --- TurquoiseB wrote:
> >
> > it's fuckin' inappropriate for *any* judge *anywhere* 
> > to be able to compel *anyone* to practice *any* form of 
> > meditation or spiritual practice for *any* reason. Period.
> 
> I don't believe compulsion enters in; I believe the parolee 
> decides whether to participate in the program. I've forgotten 
> the details.
> 
> The dicey question might be whether the parolee gets 
> easier terms as a result of participation. Again, I don't recall.
> 
> This question is kinda like the grammar question I commented 
> on a moment ago. I don't know what the rules are, but I know 
> what feels right, and it feels like the Enlightened Sentencing 
> Program is a great thing.

That's cool.  Doesn't feel that way to me.
Feels like the top of a very steep and very
slippery slope to me.








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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread anonybliss_ff
Correction! 
No one is *compelled* to participate in "The Enlightened
Sentencing Program" developed ny Farrokh. It's an option made
available, and accepted by the *choice* of the participant after they
learn what the program entails. They take *responsibility* for their
*choice* and their own lives.

The stories of the participants--in their own words--which you can
find on the TESP web site can be quite moving.

The whole civil liberties question has already been dealt with on this
issue, I believe, even more so with the program no longer being
associated with the TM movement.



--- In FairfieldLife@yahoogroups.com, TurquoiseB <[EMAIL PROTECTED]> wrote:
>
> While he's often right on, I think Jody (Guruphiliac) missed 
> the boat on this one. While the lawyer in question may be
> Christian, what he's saying in his lawsuit is *correct*:
> it's fuckin' inappropriate for *any* judge *anywhere* 
> to be able to compel *anyone* to practice *any* form of 
> meditation or spiritual practice for *any* reason. Period.
> 
> Maharishi never got this, IMO because he's a control 
> freak who *already* believes that he should be able to 
> run the lives of his teachers the way *he* feels they 
> should be run.  It's a short hop from believing that to
> believing that he has the right to mandate the lifestyle 
> of everyone else in society.  And he's on record as 
> believing that he *does* have that right, and that TM 
> *should* be mandated by governments.  
> 
> Talk about missing the point.  Personally, I don't see
> that much difference between Maharishi's stance on this
> subject and that of the Ayatollahs in Iran or Afghanistan 
> who wish to "enforce" Islam, or that of religious fanatics 
> in every society and in every time who have felt they had
> the right to impose their beliefs on others.
> 
> The real issue is freedom of choice with regard to one's
> spiritual or meditational practices.  In my opinion, anyone 
> who is willing to take that freedom away from someone, while 
> claiming it's "for their own good," is on the same level as
> the despot or dictator who would take away their physical 
> freedom.
> 
> 
> --- In FairfieldLife@yahoogroups.com, t3rinity  wrote:
> >
> > http://headlines.agapepress.org/archive/4/112006e.asp
> > 
> > Jody (Guruphiliac) comments quite rightly:
> > 
> > That bulwark of spiritual ignorance impeding progress and cultural
> > evolution, the American Family Association, is going after the 
> judge
> > who sentenced a crack-smoking vote defrauder to a course in 
> TM™.
> > Actually, it's TMSM, or Transcendental Meditation Stress 
> Management,
> > and not affiliated with the Madharishi anymore.Leading the charge 
> for
> > the AFA is lawyer Brian Fahling:"You've got a governmental actor 
> who's
> > ordering an individual to participate in something that perhaps may
> > run contrary to their own particular beliefs and belief system."
> > Still, the attorney says he is not really surprised by the judge's
> > order because it is consistent with a larger trend toward
> > secularization that is progressing in America.Wait a minute... The
> > government is ordering an individual to participate in something 
> that
> > is being construed as a religious belief, yet the fact of this is
> > evidence of the progressing secularization of America?We guess the 
> guy
> > is as uptight about his idea of religion as he looks in his 
> photograph.
> > 
> http://www.agapepress.org/PhotoArchives/PhotoFiles/LoRes/BFahling_LoR
> es.jpg
> > 
> >  Who'da thunk that?What he means to say is that TM™ is the 
> wrong
> > religion. They all are... except his. There is no doubt the guy 
> would
> > be flipping cartwheels if the judge had sentenced the girl to 
> attend a
> > Southern Baptist church instead. It would have been much harsher
> > outcome for the poor thing if you asked us.
> > 
> > http://guruphiliac.blogspot.com/
> >
>





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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread Patrick Gillam
--- TurquoiseB wrote:
>
> it's fuckin' inappropriate for *any* judge *anywhere* 
> to be able to compel *anyone* to practice *any* form of 
> meditation or spiritual practice for *any* reason. Period.

I don't believe compulsion enters in; I believe the parolee 
decides whether to participate in the program. I've forgotten 
the details.

The dicey question might be whether the parolee gets 
easier terms as a result of participation. Again, I don't recall.

This question is kinda like the grammar question I commented 
on a moment ago. I don't know what the rules are, but I know 
what feels right, and it feels like the Enlightened Sentencing 
Program is a great thing. 






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[FairfieldLife] Re: Fundies slam TM Judge

2006-04-12 Thread TurquoiseB
While he's often right on, I think Jody (Guruphiliac) missed 
the boat on this one. While the lawyer in question may be
Christian, what he's saying in his lawsuit is *correct*:
it's fuckin' inappropriate for *any* judge *anywhere* 
to be able to compel *anyone* to practice *any* form of 
meditation or spiritual practice for *any* reason. Period.

Maharishi never got this, IMO because he's a control 
freak who *already* believes that he should be able to 
run the lives of his teachers the way *he* feels they 
should be run.  It's a short hop from believing that to
believing that he has the right to mandate the lifestyle 
of everyone else in society.  And he's on record as 
believing that he *does* have that right, and that TM 
*should* be mandated by governments.  

Talk about missing the point.  Personally, I don't see
that much difference between Maharishi's stance on this
subject and that of the Ayatollahs in Iran or Afghanistan 
who wish to "enforce" Islam, or that of religious fanatics 
in every society and in every time who have felt they had
the right to impose their beliefs on others.

The real issue is freedom of choice with regard to one's
spiritual or meditational practices.  In my opinion, anyone 
who is willing to take that freedom away from someone, while 
claiming it's "for their own good," is on the same level as
the despot or dictator who would take away their physical 
freedom.


--- In FairfieldLife@yahoogroups.com, t3rinity <[EMAIL PROTECTED]> wrote:
>
> http://headlines.agapepress.org/archive/4/112006e.asp
> 
> Jody (Guruphiliac) comments quite rightly:
> 
> That bulwark of spiritual ignorance impeding progress and cultural
> evolution, the American Family Association, is going after the 
judge
> who sentenced a crack-smoking vote defrauder to a course in 
TM™.
> Actually, it's TMSM, or Transcendental Meditation Stress 
Management,
> and not affiliated with the Madharishi anymore.Leading the charge 
for
> the AFA is lawyer Brian Fahling:"You've got a governmental actor 
who's
> ordering an individual to participate in something that perhaps may
> run contrary to their own particular beliefs and belief system."
> Still, the attorney says he is not really surprised by the judge's
> order because it is consistent with a larger trend toward
> secularization that is progressing in America.Wait a minute... The
> government is ordering an individual to participate in something 
that
> is being construed as a religious belief, yet the fact of this is
> evidence of the progressing secularization of America?We guess the 
guy
> is as uptight about his idea of religion as he looks in his 
photograph.
> 
http://www.agapepress.org/PhotoArchives/PhotoFiles/LoRes/BFahling_LoR
es.jpg
> 
>  Who'da thunk that?What he means to say is that TM™ is the 
wrong
> religion. They all are... except his. There is no doubt the guy 
would
> be flipping cartwheels if the judge had sentenced the girl to 
attend a
> Southern Baptist church instead. It would have been much harsher
> outcome for the poor thing if you asked us.
> 
> http://guruphiliac.blogspot.com/
>






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