Well All *I* said was that you wrote *like* Mr.Noonan. Hey gang this can't
be Mr. Noonan...this guy's got a sense of humor! :D
On Thu, 5 Dec 1996, Rudra Mac Cuhmaill wrote:
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> >To: [log in to unmask]
> >At 12:14 PM 4/12/96 +0000, you wrote:
> >>> Sharon,
> >>> who thought it *was* Mr. Noonan
> >>Completely agreed!
> >>Who looked up his old mails and found out that it is Mr.Noonan, who
> >>only changed his name header!
> >I'm trying to remember if there is a connection between "Occasion" and
> I do not have my *source* material handy, but the allusion was to the Queen
> Elizabeth era of Ben Jonson and Will Shakespeare, whom Jonson termed a "teller
> of mouldy tales" per his penchant for re-telling History, a "guessing game"
> quite popular among the Court, especially with Elizabeth and her minions.
> Rather high-handed, capricious and completely arbitrary as to "one day after
> the other," Elizabeth was depicted by "suggestion" in a painting "Occasion on
> her Wheel," the Roman Goddess Fortuna having devolved, so to speak, into
> "Occasion," the "random luck"*counterpoint* of the Furies.
> Occasion--blindfolded, with a light scarf tossed over a shoulder, feet shakily
> astride a small "wheel of fortune,"sails blithely up the Thames while large
> warships, wind-sailed with haste, bend into the river going the *opposite*
> direction...You see, the "down-on-their-luck" actors, poets and playwrights
> (performing one's art in "chapels of Satan," as one court spy reported to the
> English Church), bearing "fardels" (backpacks) with all one's possessions from
> place to place, were enduring a "learning experience" for *good cause*...So I'm
> afraid these ungrateful wretches did not think too highly of the High Wicca
> Priestess Elizabeth, nor, for that matter, her "male Christian witch"
> successor, "fatty" James the fink psuedo-Scot, and, ala "The Isle of Dogs" and
> other "brutal parodies" by that notorious troublemaker Jonson, produced some
> rather unflattering masques, artwork, etc., often over-performed by these
> drunken ne'er-do-wells in bars and taverns amongst a rather "seedy lot"...
> About this "Mr. Noonan," I'm afraid I don't know of what you speak; the
> only "Noonan" I know is Circuit Judge John T, Noonan, Jr., of the United States
> Court of Appeal, Ninth Circuit, San Francisco, CA, USA--not personally, just by
> his pristine reputation (he's a devout Roman Catholic) and by his very fine
> opinions--one recycling Justice John Jay Marshall's 1800-something phrase,
> "Treason to the Constitution," concerning a federal court's "failure to act on
> a claim properly before it..." Another good citing recently had to do with this
> astounding case, "Weems v. United States" (1910) and "cruel and unusual
> punishment," in which he cited another Justice's favorite saying (Holmes, I
> believe, working without any notes, again, aiieee! no "net" either...), about
> great cases "generating hydraulic pressure towards resolution"...
> I did manage to find my "legal disk," on which is a United States Supreme
> Court case delineating the origin of the word "boycott." Yes, once again, the
> Irish have failed to get our due...[see "attach file" in "text" format which
> should transmit universally, if not contact me off-list...]
> Now, let me see, there is a "whack pupil on head with teaching staff"
> attachment:trasmit button that my Tibetan Buddhist tradition had "special
> ordered"...Ah yes, here it is...What!, busy!, why you...
> (most likely my 74-year old colleague in Thailand--he is the best in our biz at
> said matter...)
> with *dignatas*
> Rudra Mac Chumaill
> Namgyal Monastery
> Dharamsala, India
> Our Day Will Come...in the meantime, as Gustave Flaubert said
> of "la plat a la mode," let us not become "poisoned by the filth
> of modern life"
> When born into a "munus sine missione," a "vir fortis,"
> one "gladiatorio animo,"
> has only to "recto tibi invictoque moriendum est." (Seneca, "Epistulae," 7.4)
> "If there is a lonesome tall pine tree standing, the forest has not ended..."
> Olde Tibetan Saying
> "Wealth that is acquired by proper means in a manner
> That harms none will yield both virtue and happiness."
> Gurudeva's Vedas, Trikural Verse 754
> Get Your *Web-Based* Free Email at http://www.hotmail.com
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> --"[Boycott] is a relatively new word, little more than a century old. It was
> first used in 1880, to describe the collective action taken against Captain
> Charles Boycott, an English agent managing various estates in Ireland. The
> Land League, an Irish organization formed the previous year, had demanded that
> landlords reduce their rents and had urged tenants to avoid dealing with those
> who failed to do so. Boycott did not bend to the demand and instead ordered
> evictions. in retaliation, the tenants 'sen[t] Captain Boycott to Coventry in
> a very thorough manner.' J. McCarthy, England Under Gladstone 108 (1886). 'The
> population of the region for miles around resolved not to have anything to do
> with him, and, as far as they could prevent it, not to allow any one else to
> have anything to do with him...[T]he awful sentence of excommunication could
> hardly have rendered him more helplessly alone...'Id., at 108-109; see also H.
> Laidler, Boycotts and the Labor Struggle 23-27 (1968)...To 'boycott' means
> '[t]o combine in refusing to hold relations of any kind, social or commercial,
> public or private, with (a neighbour), on account of political or other
> differences, so as to punish him for the position he has taken up, or coerce
> him into abandoning it.' 2 The Oxford English Dictionary 468 (2d ed, 1989).
> [Justice Souter points out the
> legal construction to be:] 'Boycott' is a multifaceted phenomenon that includes
> conditional boycotts, socialboycotts, etc. It merely does not include
> refusals to deal because of objections to proposed terms."
> Hartford Fire Ins. Co. v. California, 125 L. Ed 2d 612, 643-644
> (1993), J. Scalia and J. Kennedy's majority opinion of the Court--noting, too,
> that "foreign conduct which produces a substantial inteneded effect in the
> U.S." subject to Sherman Act (15 USCS Sec 1 et seq ) jurisdiction as well. See
> too, United States v. Aluminum Company, 148 F. 2d 416 (CA 2, 1945), J. Learned
> Hand's opin.
> "Simply put, the primary focus of the Eighth Amendment was the potential for
> governmental abuse of its 'prosecutorial' power..."
> [Browning Ferris Ind. V. Kelco Disposal, 492 U.S. 257, 266 (1988) ]
> --"A corporation has a First Amendment right to freedom of speech, Virginia
> Pharmacy Bd. V. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976),
> and cannot have its property taken without just compensation, Penn Central
> Trans v. New York City, 438 U.S. 104 (1978)."
> Browning Ferris, supra, J. O' Connor's opinion
> --"As to what constitutes cruel and unusual punishment, it has long ago decided
> that the standard set was not by what was the prevailing norm in 1789, but
> rather by an evolving adaptation to new evils. Weems v. United States, 217 US
> 349, 373, 54 L. Ed. 793 (1910). The standard Weems approved has been
> repeatedly invoked to permit the application of 'evolving standards of
> decency,' e.g., Stanford v. Kentucky, 492 US 361, 369 (1989), quoting Trop v.
> Dulles, 356 US 86, 101 (1958)(plurality opinion)."
> Fierro v. Gomez, 790 F. Supp. 972, 978 (N.D. Cal., 1992), J.Noonan's
> --In 1909, Paul A. Weems, a U.S. Governmental official stationed in the
> Philippines, was sentenced under Penal Code of Spain provisions including
> cadena temporal, Arts. 105,106 providing that those so sentenced "shall labor
> for the benefit of the state. They shall always carry a chain at the ankle,
> hanging from the wrists; they shall be employed at hard and painful labor, and
> shall receive no assistance whatsoever from without the institution." Plus he
> had "civil interdiction" imposed: "Art. 42. Civil interdiction shall deprive
> the person punished, as long as he suffers it, of the rights of parental
> authority, guardianship of person and property,and the right to dispose of his
> own property by acts inter vivos..." As Justice McKenna, delivering the
> opinion of the Court, observed, "It must be confessed that they [these
> provisions], and the sentence in this case, excite wonder in minds accustomed
> to a more considerate adaptation of punishment to the degree of crime. In a
> sense the law in controversy seems to be independent of degrees. One may be an
> offender against it, as we have seen, though he gain nothing and injure
> nobody." [One such jurisdictional offense was "perverting the truth"]
> Weems v. United States, 217 US 349, 364,368 (1910)
> "As the well-known dictum of Justice Holmes has put it, great cases generate
> hydraulic pressures."
> [Fierro v. Gomez, 790 F. Supp. 972, 975 (N.D. Cal.,1992), J. Noonan's dissent
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