FOR the DEFENSE Offic~Aljournal of the Texas Crimmal Defense Lawyers Assocrallon DECEMBER 1'990 DECEMBER 1990 - ....%NO

Total Page:16

File Type:pdf, Size:1020Kb

FOR the DEFENSE Offic~Aljournal of the Texas Crimmal Defense Lawyers Assocrallon DECEMBER 1'990 DECEMBER 1990 - ....%NO t FOR THE DEFENSE Offic~alJournal of the Texas Crimmal Defense Lawyers Assocrallon DECEMBER 1'990 DECEMBER 1990 - ....%NO. 11 I Y@ICLE(FOR THE DEFENSE I VWCEfor tbe DBfww (ISSN 0364-2232) is publ~shedregularly by the Texas Cnminal De Features fensc Inuyets krsociatmn, 600 W. 13th. Awl", - 35.261by ITat 7 Batson v. Kentucky and Article George Tews 78701, (512M7&2514, I8AXNo.(512)%P 9 Wng Around the Collar - Bank Fraud, Etc. by WilMam A. Wbi4Amba 9107. Annual subscription rateror mmcmbers of Mckugbfin, Kdthryn Nefter the asociation Is $100, which is included m dues. 11 Perry Mason Had Paul Drake and You're Stuck with Deputy Dog All aaicles, comrlhutions and advertising in- by Douglasj. Schulfz quiricsshould be dressed to the editor, Kony 13 Bloodstain Pattern Interpretation by Sgf. Dzrsty Hesskew P F~tzCedd,Attomeyatlaw,TwolWIeCreek 15 Specially Requested Instructions Do Make B Dierence Vtllage, Suite 17W Dallas, Texas 752194537, by Judge Jack Hmpton, 283rd Dist. Ct. (214)52&W44 Columns -3 President's Column 24 Granted Petitions for by Tim Euflts Disuetionary Review 4 Editor's Colu-A Tribute 25 D.U.I.D. Defense Technics to Judge Woodrow Seals by Roy T. Roge,~,Jr. by myP. FitzGerflld 27 DWI Practice Gems 5 In and Around Texas by Bmce A. Martin byJohn Boston 31 Forensic DNA Profiling 16 Significant Decisions Report by Juan Mfl~YifrezG~nzafes by Catherl,Ie G,eone 32 Federal Sentencing Guideline Report by BBm Habema arrd Gary Cohen News -33 TCDTA Lake Tahoe Seminar 38 Upcoming CLE I1~ograms 37 The Tdof a Drug Case Seminar 39 Tentative CDLPPTCDLA 38 New and Renewal Members Seminar Schedule Lawyer's Assistance Cbmfnittee Members DlsVict 1: Jack Strickland -et 62 *Fnkrry 500 Main St, Ste 201 Robem Y7wdhe 500 Fisk WIild~ng Port Wonh, Texas 76102 821 Nolana Anwillo, Texas 79101 (817)33810W McNlen, Texas 78501 C8061372-1217 Dkaict 4: ark Hall red R. "BnckckBiles, Jr. Douglas(512)682-4308 TWer P.O. Box 2l87 lG9 West Fergusou 622 S. Tanahua Lubhk. Tyler, Texas 75702 Corpus Chnsti, Texas 78403 (8aO763-4617 (214)595-3573 (512)8224378 Dlstrict 2: Dls(ria 5: DhViCt 7; Jeff Hlnkky Jack Zlmtoermam &Jim Iavlne Gerald H. Goldsteh, Chairman w. wWalLSt., Ste lo2 Five Pmt Oak mrk, Ste 1130 23M) Towcr Me Bdding Midland, Texas 79702 Houston, Texas 77027 San Antonto, Texas 78205 <915%3+@83 6713)55?-0300 (5i~~~MFi463 DIsViCt 31 Kent ScMer Dlsulct 8: Ed Mason 30W Texas Commerce Tower Bill White BfJ1AUtron 12221 Ment Or, Ste 85P 6~ Travis Sfret 1306 Nueces 0 1990 TEXAS CRIMINAL DEFENSE Texas 75251 Houston, Texas 77002 Austin, Texas 78701 LAWYERS ASSOCIATlON (214)991-0200 (7L3)22&8500 (512)472-0144 VOICE FOR THE DEFENSE PRESIDENT'S COLUMN Time To Speak Out by Zm Evans From time to time we have all seen some exemplary conduct and some deplorable activities on the part of police officers who are sworn to up- hold our laws and constitution. "Sixty Minutesyrecently ran a story of several police officers gone astray, to say the least. Following the story, Tim Evans wrote 'SixtyMiutes"a few thoughtson behalf of our association. Gentlemen: Yourprogram exposing brutality and perjury in the Oakland Housing Au- thority Police Department is but one the local school, and express our own example of a disease that threatens beliefs concerning the criminal justice freedom amss this nation. In our system. unthinking frenzy to "get tough on It is important to tell the other side of crime" we are destroying the delicate the stay. We would be talking to balance between police protection and future jurors; and to young people who police oppression. need to know they do have rights as There are more gwd cops than bad well as obligations under law. and I'm sure the palice officers who got Tim volunteered to share a presenta- caught up in this frenzy fist believed tion particularly adapted to groups inter- that the ends would justify the means. ested in learning about the criminal This mentality, when combined with justice system, and it was printed in the opportunistic politicians who wrap June 1989 issue of the Voicd. I believe themselves in the banner of the war on it deserves a second look because its crime, threatens our fundamental safe- approach was both appealing and guards against the inevitable abuse of thought provoking. The article follows: governmental power. Our Bill of Rights protects the inno- The pendulum of justice has gathered cent, not the guilty. If the Bill of Rights such momentum fmitsfallthrough thearc becomes a casualty of the War on of tndiv~dualliberty that it now thfeatens to Dmgs more ham will come to our way sweep up the innocent in its NS~toward of life then could be caused by all the conviction. From our observation posts, we criminal defense lawyers see this danger cocaine in Colombia. sooner than those citizens who are turned the opposite direction-on the lookout for Sincerely, crime. We must get them to look over their Tim Evans shoulders and realize it is the gyroscope of checks and balances that rightsour ship of Letters like these are fine. Every pm- state and keeps us Free. ducer is interested in the public reac- We must get this message to tkpotential tion to such stories. And, of course, we jurors and voters in our communities if we need our side highlighted periodically. are to survive the frenzy of fanaticism Equally important, however, is the commitment of each of us to reach out into the commumty, particularly within DECEMBER 1990 VOICE FOR THE DEFENSE EDITOR'S COLUMN A Tribute to Judge Woodrow Seals Thls issue of the Voiceis dedicated to the late Judse Woodrow Seals, who gassed away earlier this year. 'Tudge Woodrow Seals was a good fine man and a compassionate judge. I have never known a person who tried to and did more good for people than Woodrow." fin.John K Singleton Senior Uaited States District Judge, Housfon a** Vhen Judge Woodrow Seals died, the Federal Judiciary not only lost a fine Judge but also a great humanitarian. He was not only concerned about racial To tell you the truth, I never had the prejudice, but also religious prejudice, pleasure of meeting this man. You will women's rights, and the right of chil- not read anything here based upon dren to receive a decent education." first-hand knowledge. Jacla J- Ratoitscher, Atromey at la'w, I learned of his death through the Houston news media. The same way many of *,I you did, particula~lyif you live in the "I do not have the ability to tell Houston area. anecdotes, which is a pity, because As a matter of fact, I read some things Woodrow Seals had a bmad and outra- about him that made me wish I hadhad geous sense of humor thathe deployed a chance to meet him personally. Here constantly. He was a man of common was another federal judge who day by sense, of empathy for all kindsof people day was a really neat guy. andofconstant cheerfulness that sprang, I happened to be in Judge Jerry I believe, from his deep faith in God. Buchmeyer's Court shortly aftex Judge We will miss him around the federal Seals' death, and at that time I asked courthouse." him about the judge. The first thing I Hon. Edith H. Jones, Cfzuit Judge, heard was what a fantastic sense of United States Court of Appeat., F@h humor Judge Seals had, how he could t7dmrft bring to life just about any event. I*, I have since learned Judge Seals was "Woodrow Seals embodied all of the born the day before Christmas. On the qualities that one could ask for. He was lighter side of things, I wonder how courageous, scholarly, compassionate many times his friends asked him md a true believer in the Constitution. whether he would mind if they com- Itis indeed rare thatall of these qualities bined his birthday and Christmas pres- c;in be found in one person in these ents. He strikes me as the kind of times." person who might say "Of course not"; Went A. &ha&; Atronzey at Law, and then he would flash a certain telling KO£lslO?i grinas if to say, "But of course, I mind, M* Continuad on page 6 DECEMBER 1990 14 VQlCE FQR THE DEFENSE 1 1 IN AND AROUNDTEXAS I BY Job Season's greetings to a1from the of- ficers, <lectors and staff of TCDLA. When 1991 begins, the 72nd Texas Legislature can't be far behind. So, as of 28 November representatives and senators had pdle more than 150 blllti and resolutions in the House and more than twenty in the Senate. Of those bills and resolutions approxi- mately 65 are on topics of interest to criminal practitionem Moreon specific hills later in this column and in future issues of the Voice. By the tfme yod read this the two State Bar referenda will have been decided up, clown, or no contest if less than 51 percent of th&lawyers bothered well and me to the committee roster. to vote. In any case the results will un- Thanks for a prompt and positive re- doubtedly affect the Legislature's re- sponse. view of the State Bar Act and the Sunset Legislative pmcess. Ill go out on a limb and say I During the time I have been involved think both the dues increase and the with TCDLA legislative dforts, and new grievance process will pass, but before,webavenatopposedtbemaki~ not by much. If I err, I will stand for of cettain acts unlawfulunless doing so nine lashes with a wet noodle.
Recommended publications
  • {DOWNLOAD} the Case of the Shoplifters Shoe
    THE CASE OF THE SHOPLIFTERS SHOE PDF, EPUB, EBOOK Erle Stanley Gardner | 340 pages | 19 Feb 2016 | Ankerwycke | 9781634253628 | English | United States The Case of the Shoplifter's Shoe by Erle Stanley Gardner Paul Drake William Talman Hamilton Burger Ray Collins Police Lt. Arthur Tragg Margaret O'Brien Virginia Trent Lurene Tuttle Sarah Breel Leonard Nimoy Pete Chennery Melora Conway Ione Bedford Richard Coogan Police Sgt. Gifford Arthur Batanides Bill Golding Blair Davies Austin Cullens Charles Irving Judge James Millhollin Floorwalker Shirley Mitchell Miss Fairweather Kenneth Patterson Store Detective Walter Kelley Interne Bernard Fein Foreman Vincent Troy Andre - Maitre d' Rest of cast listed alphabetically: Leon Alton Department Store Customer uncredited Bess Flowers Department Store Customer uncredited Sam Harris Courtroom Spectator uncredited Joseph La Cava Courtroom Spectator uncredited Tom McDonough Restaurant Patron uncredited Lee Miller Brice uncredited Charles Perry Among all the Perry Mason books that I have read, this was the most philosophical. Long paras talking about the more A good mystery. Long paras talking about the more heavier concerns of us, homo sapiens. Still, liked it. View all 4 comments. Aug 20, Michael Brown rated it liked it Shelves: series-reading. Mason finally goes into court. First time in a long while. No Trask. No Berger. And Paul Drake is still a bit of a wimp. Mason is far more a detective so far. And his main antagonist is Sgt. Holcomb and over the past few books it is obvious that he has some mental issues. Good mystery but not my favorite of the series so far by far.
    [Show full text]
  • 'Perry Mason' Lays Down the Law Anew On
    Visit Our Showroom To Find The Perfect Lift Bed For You! June 19 - 25, 2020 2 x 2" ad 300 N Beaton St | Corsicana | 903-874-82852 x 2" ad M-F 9am-5:30pm | Sat 9am-4pm milesfurniturecompany.com FREE DELIVERY IN LOCAL AREA WA-00114341 E A D T Y E A W A H P Y F A Z Your Key I J P E C L K S N Z R A E T C 2 x 3" ad To Buying R E Q I P L Y U G R P O U E Y Matthew Rhys stars P F L U J R H A E L Y N P L R and Selling! 2 x 3.5" ad F A R H O W E P L I T H G O W in “Perry Mason,” I F Y P N M A S E P Z X T J E premiering Sunday D E L L A Z R E S S E A M A G on HBO. Z P A R T R Y D L I G N S U S B F N Y H N E M H I O X L N N E R C H A L K D T J L N I A Y U R E L N X P S Y E Q G Y R F V T S R E D E M P T I O N H E E A Z P A V R J Z R W P E Y D M Y L U N L H Z O X A R Y S I A V E I F C I P W K R U V A H “Perry Mason” on HBO Bargain Box (Words in parentheses not in puzzle) Perry (Mason) (Matthew) Rhys (Great) Depression Place your classified Classified Merchandise Specials Solution on page 13 Della (Street) (Juliet) Rylance (Los) Angeles ad in the Waxahachie Daily Light, Merchandise High-End 2 x 3" ad Paul (Drake) (Chris) Chalk Origins Midlothian Mirror and Ellis (Sister) Alice (Tatiana) Maslany (Private) Investigator County Trading1 Post! x 4" ad Deal Merchandise Word Search (E.B.) Jonathan (John) Lithgow Redemption Call (972) 937-3310 Run a single item Run a single item priced at $50-$300 priced at $301-$600 ‘Perry Mason’ lays down for only $7.50 per week for only $15 per week 6 lines runs in The Waxahachie Daily2 x Light, 3.5" ad Midlothian Mirror and Ellis County Trading Post and online at waxahachietx.com All specials are pre-paid.
    [Show full text]
  • Imhihmiito a Character Breezy, Talkative and Comic- •* * * Relief-Ish Than He Is on the TV J W3K - > Jl in Less Than an Hour of Show Show
    ON THE AIR the day’s highlights by Jim THE EVt.hNG STAR Snyder. Washington, D. C. TODAY'S RADIO WWDC— Mike Wallace D-9 6:35, Thunder, July 14, 1960 Radio-TV HIGHLIGHTS Interviews. Interviews with Second Banana Qin leading convention news- JI makers. 6:00, WRC, WTOP The 7:06, WQMR — Concert Hall. * * Be Best in Bunch Democratic National Conven- The Paris Theater Orchestra // tion. is featured in a Bastille 6:15, WWDC Direct from Day Salute. DEMOCRAT By WILLIAM HOPPER the Democratic National 8:00, WMAL—The Democratic or Written for the Associated Press \\ DISCOUNT ' Editor’! Nott—The author of the fol- L a Convention. A wrap-up of National Convention. I I’m what might -v I . guess you lowing guest column ploys Paul call a dramatic second banana Drake in Perry Mason, presented in television—and I think it’s Saturdays from 7:30 to 8:30 p.m., V DRUGS the best spot in the bunch. over the CBS network. As Paul the detective Drake, TV Critic Bernio Harrison is on voca- who MARK EIIAS acts as a kind of runner for tion, too. His column will bo re- Perry Mason, I can enjoy two sumed his return. Brings upon great acting fulfillments—l'm creating a personality, and I’m W' the to < ¦iiL'M'mb with needed. By that I don’t mean printed page television jp. Hr j that I’m either and back to the indispensable, printed page ™ HWM B REPORT as Bill Hopper or as Paul Drake. I again.
    [Show full text]
  • We Knew the Real Killer Before the First Commercial Break by Matthew Keenan, Shook, Hardy & Bacon, Kansas City, Mo
    A NOSTALGIC TOUCH OF HUMOR We Knew the Real Killer Before the First Commercial Break By Matthew Keenan, Shook, Hardy & Bacon, Kansas City, Mo. n case you haven’t noticed, lawyer shows are the rage were actually having an affair behind Perry’s back. I immedi- these days. “Law & Order” and “Boston Legal” are just ately called my brother, Marty, for his reaction. “That’s outra- two of them. I suspect most lawyers have little interest geous,” he blurted. “You and I know Della was too dedicated Iin fictional accounts of our profes- to try any hanky panky. Plus, she sion. But many of my nonlawyer adored Perry. That was clear from friends watch these shows. So I the outset.” I agreed. watched one. It was “Boston Le- Anyway, back to Perry. He was gal” — whose senior partner is fully capable of acquitting his cli- William Shatner, who went from ent and obtaining a confession at Captain Kirk to the lead partner in the same time. Seconds apart. The a Boston law firm. The episode was suspect was never hiding out on the most preposterous thing I have some distant island. There was no ever seen. It was fiction beyond “America’s Most Wanted” because a screenwriter’s wildest dreams. no one went on the lam. Instead Shatner was more believable when they were in court, awaiting the he wore a polyester jump suit and moment when they spilled their barked out commands to Sulu. guts. The Fifth Amendment, as far You see, I’m an expert on Hol- we knew back then, had not been lywood and the law.
    [Show full text]
  • Perry Mason Original Television Series (Boxes 1-22; 1957-1966) 2
    http://oac.cdlib.org/findaid/ark:/13030/kt9m3nd0w6 No online items Finding Aid for the Barbara Hale Collection, 1957-1994 Processed by N. Vega; machine-readable finding aid created by N. Vega and J. Graham UCLA Library, Performing Arts Special Collections University of California, Los Angeles, Library Performing Arts Special Collections, Room A1713 Charles E. Young Research Library, Box 951575 Los Angeles, CA 90095-1575 Phone: (310) 825-4988 Fax: (310) 206-1864 Email: [email protected] http://www2.library.ucla.edu/specialcollections/performingarts/index.cfm © 2005 The Regents of the University of California. All rights reserved. Finding Aid for the Barbara Hale 284 1 Collection, 1957-1994 Descriptive Summary Date (inclusive): 1957-1994, Date (bulk): (bulk 1957-1966) and Date (bulk): (bulk 1985-1994) Collection number: 284 Creator: Hale, Barbara, 1922- Extent: 25 boxes (12.5 linear ft.) Abstract: Barbara Hale began her acting career in 1943 and although she has appeared in numerous screen and television productions, she is most recognized as her character Della Street, in the television drama Perry Mason. The collection consists of television scripts, call sheets, and production information from the original Perry Mason series (1957-1966) and Perry Mason two hour movies (1985-1994). Repository: University of California, Los Angeles. Library. Performing Arts Special Collections. Los Angeles, California 90095-1575 Physical location: Stored off-site at SRLF. Advance notice is required for access to the collection. Please contact the UCLA Library, Performing Arts Special Collections Reference Desk for paging information. Restrictions on Access COLLECTION STORED OFF-SITE AT SRLF: Advance notice required for access.
    [Show full text]
  • Small-Screen Signposts
    REEL WORLD Small-screen signposts More streaming and dreaming with CN&R film critic t almost goes without saying that ways top “10” list—not as a list of I moviegoing in this highly fraught recommendations but rather as a set year continues to be mostly a mat- of signposts along the improvised ter of “streaming in place.” Be that pathways of my own viewing in as it may, per- 2020: haps a little more Cat Videos: I’ve been hooked on by could be said, and ‘em for a long time, but I only see Juan-Carlos maybe should be the ones that my sister in Seattle Selznick said, about some sends me. There’s so much comic of the rewards and inventiveness in so much of what benefits, large and she sends me that I’ve begun to small, emerging from the altered think of the videos as tiny film circumstances of contemporary comedies, a thriving movie genre film experience. in its own right. I miss watching movies on a big Ready for some football, Mr. screen in a theater with an audience DeMille? I watch a lot of NFL Rhys) makes almost no real Aimee Semple McPherson (Sister Tatiana Maslany as Sister Alice McKeegannearly in HBO’s Perry Mason. as much as anybody, but I’ve also games, especially the 49ers and sense as a character study, but as Alice McKeegannearly, played by been enjoying the increased access other West Coast teams. I especial- a somewhat gruesome tabloid- Tatiana Maslany) steals the picture to the front rows of the audience, to cinematic benefits provided by ly enjoy the rich visual spectacle style period piece (Los Angeles from Mason.
    [Show full text]
  • Sound Evidence: an Archaeology of Audio Recording and Surveillance in Popular Film and Media
    Sound Evidence: An Archaeology of Audio Recording and Surveillance in Popular Film and Media by Dimitrios Pavlounis A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Screen Arts and Cultures) in the University of Michigan 2016 Doctoral Committee: Associate Professor Sheila C. Murphy, Chair Emeritus Professor Richard Abel Professor Lisa Ann Nakamura Associate Professor Aswin Punathambekar Professor Gerald Patrick Scannell © Dimitrios Pavlounis 2016 For My Parents ii ACKNOWLEDGMENTS My introduction to media studies took place over ten years ago at McGill University where Ned Schantz, Derek Nystrom, and Alanna Thain taught me to see the world differently. Their passionate teaching drew me to the discipline, and their continued generosity and support made me want to pursue graduate studies. I am also grateful to Kavi Abraham, Asif Yusuf, Chris Martin, Mike Shortt, Karishma Lall, Amanda Tripp, Islay Campbell, and Lees Nickerson for all of the good times we had then and have had since. Thanks also to my cousins Tasi and Joe for keeping me fed and laughing in Montreal. At the University of Toronto, my entire M.A. cohort created a sense of community that I have tried to bring with me to Michigan. Learning to be a graduate student shouldn’t have been so much fun. I am especially thankful to Rob King, Nic Sammond, and Corinn Columpar for being exemplary scholars and teachers. Never have I learned so much in a year. To give everyone at the University of Michigan who contributed in a meaningful way to the production of this dissertation proper acknowledgment would mean to write another dissertation-length document.
    [Show full text]
  • PERRY MASON (Inspired by the Early Novels of Erle Stanley Gardner)
    PERRY MASON (Inspired by the early novels of Erle Stanley Gardner) Episode 3 – “Chapter Three” Written by Fitz and Jones, Jones and Fitz Directed by Tim Van Patten Double Yellow Collated Script 9.25.19 Double Pink Collated Script 9.16.19 Double Blue Collated Script 8.29.19 Double White Collated Script 8.20.19 Green Collated Script 8.14.19 Yellow Collated Script 7.29.19 Pink Collated Script 7.28.19 Blue Full Script 7.19.19 Production Draft 6.27.19 Copyright © 2019 Home Box Office, Inc. ALL RIGHTS RESERVED. No portion of this script may be performed, published, reproduced, exhibited, sold or distributed by any means, or quoted or published in any medium, including on any website, without the prior written consent of Home Box Office, Inc. This material is the property of Home Box Office, Inc. and is intended for and restricted to use by Home Box Office, Inc. personnel only. Distribution or disclosure of this material to unauthorized persons is prohibited. Disposal of this script copy does not alter any restrictions previously set forth. SETS INTERIORS EXTERIORS COURTHOUSE COURTHOUSE - PRESSROOM - STEPS - COURTROOM - HALLWAY BOO KOO BURGER STAND BARBERSHOP CENTRAL AVENUE NEIGHBORHOOD RADIANT ASSEMBLY OF GOD FARMER’S MARKET - CONGREGATION - LOBBY CITY HALL - COFERENCE ROOM - DRESSING ROOM DESERT SKY CITY HALL LUCKY LAGOON CASINO - JAIL CELL - COURTYARD - COUNTER NEW CHINATOWN CURIO SHOP CITY MORGUE BAGGERLY MANSION NEWTON DIVISION HQ - DRIVEWAY MUSSO & FRANK GRILL ALLEY LUCKY LAGOON CASINO - BAR - DANCE FLOOR - THE PIT E.B.’S HOUSE - BEDROOM - BREAKFAST NOOK - BATHROOM MADAM JIN’S GENTLEMAN CLUB - BACK ROOM E.B.
    [Show full text]
  • What Is a Cozy?
    WHAT IS A COZY? by KATHERINE HANSEN CLARK Submitted in partial fulfillment of the requirements For the degree of Doctor of Philosophy Dissertation Adviser: Dr. William H. Marling Department of English CASE WESTERN RESERVE UNIVERSITY May 2008 CASE WESTERN RESERVE UNIVERSITY SCHOOL OF GRADUATE STUDIES We hereby approve the thesis/dissertation of _____________________________________________________ candidate for the ______________________degree *. (signed)_______________________________________________ (chair of the committee) ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (date) _______________________ *We also certify that written approval has been obtained for any proprietary material contained therein. Copyright © 2008 by Katherine Hansen Clark All rights reserved To my father, Col. Claude L. Clark, who introduced me to the stories of Poe and stories about Sherlock Holmes, and to my mother, Judith Dunn Clark, who had me read everything else i Table of Contents List of Tables ................................................................................................................... ii List of Figures................................................................................................................. iii Acknowledgements........................................................................................................
    [Show full text]
  • A Is Not A": Reflections on a Conversation Kathleen Touchstone
    When "A Is Not A": Reflections on a Conversation Kathleen Touchstone Journal of Ayn Rand Studies, Volume 17, Number 2, December 2017, pp. 238-274 (Article) Published by Penn State University Press For additional information about this article https://muse.jhu.edu/article/679031 [ Access provided at 14 Apr 2020 19:39 GMT with no institutional affiliation ] When “A Is Not A” Reflections on a Conversation Kathleen Touchstone ABSTRACT: The author addresses speech restrictions on campuses, the axiom “A is A” as it applies to men and women, Roe v. Wade and its effect on examining the definition of personhood, and how this examination may have contributed to the anti-conceptual mentality that was already under way on campuses and elsewhere. Keywords: gender, personhood, rationality, Objectivism, concept formation, speech codes, feminism Introduction The inspiration for this paper was a telephone conversation I had. The part that related to this paper was very brief. At some point, the topic of restric- tions on speech at universities emerged. The person with whom I was speaking mentioned that feminists at universities were partly responsible for the speech restrictions and asked if I thought women were rational. I said something to the effect that women’s interests differed somewhat from men’s, but in the areas that they pursued I thought they were as rational. It’s an odd question to ask a woman because it presumes she is mentally equipped to answer it—which answers the question by asking it. The Journal of Ayn Rand Studies, Vol. 17, No. 2, 2017 Copyright © 2017 The Pennsylvania State University, University Park, PA JAR_17.2_04_Touchstone.indd Page 238 20/10/17 1:14 AM When “A Is Not A” | Touchstone 239 Questioning whether women are as rational as men has a long history.
    [Show full text]
  • Talking Book North Dakota Titles 2018
    LD 00002 – They Glorified Mary, We Glorified Rice: By Janet Letnes Martin. The gist of this hilarious and thought-provoking book is that two American Norwegian Lutheran farm women got together and, "it dawned on us that the world needed us to write a few little books comparing and contrasting such things as Lutheran and Catholic ways, ... and all the baggage and trappings that go with these kinds of things. Companion book to "They Had Stores, We Had Chores" LD 00294). 1994. LD 00003 – Bowesmont – A Community History: By Julie Humann. Due to the Red River flood of 1997, the town of Bowesmont, North Dakota was eliminated. Funding from the Federal Emergency Management Agency made possible a buy-out of the entire town, which was subject to chronic flooding. This book is a comprehensive history of Bowesmont from its founding on the Red River in 1879 to its elimination in 1997. 1998. LD 00004 – 100 Years, My Story: A Story About Forks In The Road, The Agony, The Ecstasy: By May Ella. “I was born in North Dakota July 12, 1895.” So begins this autobiography of Ella May Stumpe, written when she was 100 years of age. She relates her experiences homesteading, attending barn dances with her brothers, and earning a teaching certificate at the age of 18. Her story continues through the two world wars, her retirement, and her return to college to learn to use a personal computer for the writing of her book. 1995. LD 00021 – Aging: Winds Of Change: The Most Unbelievable True Stories Of North Dakotans 60-96 Years Young: Edited by Eleanor Wilcox and Everett C.
    [Show full text]
  • Cbs Collection 072 Ucla
    CBS COLLECTION 072 UCLA by Bill Wrobel [NOTE: I first worked on the CBS Collection 072 (Deed of Gift # 1) when it was officially opened to researchers, perhaps in May 1989. I did not make note of the exact day. On April 18, 1995 I had an unexpected opportunity to look at the Deed of Gifts document information dated July 1, 1991. Here Robert Drasnin, Head of Music CBS/MTM Studios in North Hollywood, stated that the music section will close soon, so he authorized to send the rest of the old CBS materials to UCLA. The 1st Deed of Gift was in late November/early December 1988. This 2nd Deed of Gift is dated November 1991. CBS Studios at that time was purchased by Sony Corporation that was initiating a belt-tightening policy. So manuscript music scores, timing sheets, log books of original recording sessions, business records, correspondence, reels, etc., were donated to UCLA. I believe there were 466 boxes in Deed of Gift # 2. Boxes 1-36 (the numbering is different now) had scores, timing sheets, etc. Boxes 37-300 had CBS records of recording sessions in three-ring binders. Boxes 326-8 are foreign library recordings. Boxes 329-342 had miscellaneous production correspondence & other documents. Boxes 343-347 had misc. scores with production documents. Boxes 348-9 had photocopies of scores in three- ring binders. Boxes 350-353 had mix productions, some scripts. Boxes 354-374 contained music on tapes in 10 inch hubs or 7 inch reels. Boxes 357-389 had production documents. Boxes 390-393 had published popular sheet music.
    [Show full text]