Category Archives: Fun

Are we having fun yet?

And for All Souls Day/Day of the Dead—(known in Yucatan, Mexico (among the Hispanic Creoles) as “Dia de los Difuntos” and (among the Yucatec Maya) as “Hanal Pixan” (“Food for the Spirits” or perhaps, in colloquial English, “Soul Food”?)

Of all the names for November 2, I think that the Yucatec Maya “Hanal Pixan” (“Food for the Souls”) is probably the most interesting allegorical and metaphoric expression.  “Food of the Souls” or the “Spirits of the Dead” (one might even say “Soul Food”) is one of those concepts that links Christianity with the Pagan world so intimately and indelibly. Sir James G. Frazer recognized, over a hundred years ago in The Golden Bough the close and precise parallels between Christian ritual and and sacraments and those of Ancient Mexico (although he had more data about the Aztec than the Maya).  Oddly enough, the Spanish Conquerors of the Sixteenth Century had observed the parallels also and thought them the work of the Devil…. 

But “All Souls Day” is one of the most truly civilized and excellent of all the Christian Holidays, IMHO, along with All Saints Day, precisely because of its excellent and unambiguous syncretistic and pagan heritage in Northern Europe as in Mexico.  And there’s no place significantly more civilized, in all the Christian World, than the Church of England.  

Despite an editorial glitch in the beginning, I love this “youtube” of Hymn 680 (in the 1982 Episcopal Hymnal), broadcast from Westminster Abby (the original one in London, not the “New Westminster” in Vancouver, B.C., where I used to spend some time):

O God, our help in ages past,
Our hope for years to come,
Our shelter from the stormy blast,
And our eternal home.

Under the shadow of Thy throne
Thy saints have dwelt secure;
Sufficient is Thine arm alone,
And our defense is sure.

  Before the hills in order stood, or earth received her frame, from  everlasting Thou art God, to endless years the same.

Thy Word commands our flesh to dust,
“Return, ye sons of men:”
All nations rose from earth at first,
And turn to earth again.

A thousand ages in Thy sight
Are like an evening gone;
Short as the watch that ends the night
Before the rising sun.

The busy tribes of flesh and blood,
With all their lives and cares,
Are carried downwards by the flood,
And lost in following years.

Time, like an ever rolling stream,
Bears all its sons away;
They fly, forgotten, as a dream
Dies at the opening day.

Like flowery fields the nations stand
Pleased with the morning light;
The flowers beneath the mower’s hand
Lie withering ere ‘tis night.

O God, our help in ages past,
Our hope for years to come,
Be Thou our guard while troubles last,
And our eternal home.

Words: Isaac Watts (1674-1748), paraphrasing Psalm 90:1-5; Music: St. Anne, William Croft (1678-1727); Legend has it that the original version of this hymn was “Our God, Our Help in Ages Past”, but John Wesley edited it to “O God, Our Help in Ages Past.”  

I confess to having, in a fit of adolescent hormones no doubt, at least very slightly blasphemed this hymn once in the early 1980s (my twenties), while showing a quite amazingly gorgeous, buxom blonde girlfriend (who was visiting from the cornfields of Illinois) around Harvard Yard, and the Campus generally, I told her with a perfectly straight face that the “Harvard School Song” was:

“Before the Hills In Order Stood and Earth Received her Frame,  all Everlasting Harvard Stood and shall forever Stand.”  

“Pika Patty” (I’ll call her), responded quite intelligently (for a blonde or anyone else….) “Wow, that’s really pompous”…. which I guess was the whole point….  Harvard Yard just brings that out in people, I guess….  On a less sacrilegious but nevertheless somewhat questionably virtuous historical note, this hymn was also sung at the C of E services celebrated on the HMS Prince of Wales when President Franklin Delano Roosevelt and Prime Minister Winston Spencer Churchill met at sea in August 1941 to sign the “Atlantic Charter” which effectively but simultaneously reversed the outcome of the American Revolution and spelled the end of the British Empire by abolishing the National Sovereignty of both the United States of America and the United Kingdom of Great Britain and Ireland by making both subservient to the United Nations and other organs of Godless Communism and World Government.

and also, another 18th Century Hymn derived from the Psalms,

this from Psalm 18: perhaps even more appropriate for the Feast of All Souls, Day of the Dead Remembrances (Hymn 685 in the 1982): 

Rock of Ages

Rock of Ages, cleft for me,
Let me hide myself in Thee;
Let the water and the blood,
From Thy wounded side which flowed,
Be of sin the double cure;
Save from wrath and make me pure.

Not the labor of my hands
Can fulfill Thy law’s demands;
Could my zeal no respite know,
Could my tears forever flow,
All for sin could not atone;
Thou must save, and Thou alone.

Nothing in my hand I bring,
Simply to the cross I cling;
Naked, come to Thee for dress;
Helpless look to Thee for grace;
Foul, I to the fountain fly;
Wash me, Savior, or I die.

While I draw this fleeting breath,
When mine eyes shall close in death,
[originally: When my eye-strings break in death]
When I soar to worlds unknown,
See Thee on Thy judgment throne,
Rock of Ages, cleft for me,
Let me hide myself in Thee.  

Words: Augustus Montague Toplady (1740-1778);  Music: Toplady & Thomas Hasting (1784-1872).  Benjamin Harrison, 23rd President of the United States, is mainly known for being the only person ever officially and lawfully both to win and lose a U.S. Presidential election against exactly the same opponent (in this case Grover Cleveland, the 22nd and 24th President).  He also presided over the enactment of the Sherman Antitrust Act, the McKinley Tariff, and the first ever Billion dollar Budget in U.S. History. (From the perspective of 2011, when under Obama, billions of dollars are routinely missing or misspent in every executive department and Congressional Budget Analysis, it’s hard to believe that the Billion Dollar Budget was ever a big deal, but it was apparently fairly shocking a hundred and twenty one years ago in 1889-90….).  To American Hymnologists, however, Benjamin Harrison is associated with “Rock of Ages” for the important but simple reasons that this was not only Harrison’s favorite hymn, the only one he ever tried to learn to sing (but apparently failed), and the hymn sung at his funeral….  

and one last final Psalm-Based “Church Militant” Hymn to celebrate the Celtic New Year and Halloween/All Saints/All Souls Days, Hymn 687—Ein Feste Burg (by Martin Luther—the Original One, 1483-1546),  from Psalm 46:   

A mighty fortress is our God, a bulwark never failing;
Our helper He, amid the flood of mortal ills prevailing:
For still our ancient foe doth seek to work us woe;
His craft and power are great, and, armed with cruel hate,
On earth is not his equal.

Did we in our own strength confide, our striving would be losing;
Were not the right Man on our side, the Man of God’s own choosing:
Dost ask who that may be? Christ Jesus, it is He;
Lord Sabaoth, His Name, from age to age the same,
And He must win the battle.

And though this world, with devils filled, should threaten to undo us,
We will not fear, for God hath willed His truth to triumph through us:
The Prince of Darkness grim, we tremble not for him;
His rage we can endure, for lo, his doom is sure,
One little word shall fell him.

That word above all earthly powers, no thanks to them, abideth;
The Spirit and the gifts are ours through Him Who with us sideth:
Let goods and kindred go, this mortal life also;
The body they may kill: God’s truth abideth still,
His kingdom is forever.

Alternate translation:

A mighty fortress is our God, a trusty shield and weapon;
He helps us free from every need that hath us now overtaken.
The old evil foe now means deadly woe; deep guile and great might
Are his dread arms in fight; on Earth is not his equal.

With might of ours can naught be done, soon were our loss effected;
But for us fights the Valiant One, whom God Himself elected.
Ask ye, who is this? Jesus Christ it is.
Of Sabbath Lord, and there’s none other God;
He holds the field forever.

Though devils all the world should fill, all eager to devour us.
We tremble not, we fear no ill, they shall not overpower us.
This world’s prince may still scowl fierce as he will,
He can harm us none, he’s judged; the deed is done;
One little word can fell him.

The Word they still shall let remain nor any thanks have for it;
He’s by our side upon the plain with His good gifts and Spirit.
And take they our life, goods, fame, child and wife,
Let these all be gone, they yet have nothing won;
The Kingdom ours remaineth.

No Lawyer Came Forward, so Renada is Buffy—“One Girl in all the World” against the Forces of Darkness (or, at least in Orange County)

I suppose that Renada is now that “one girl in all the world”, like Buffy Ann Summers fighting the Forces of Darkness in Orange County; so that would make me her “watcher” Rupert Giles.  Like Buffy & Giles, our activities are subversive to the “powers that be” and exist outside of the normal realm of law or procedure, because the “powers that be” simply do not recognize the existence of Vampires like Larry Rothman and Steven D. Silverstein.
FAY E. MARCH07-19-2010_RNM_FEM_Supplemental Opposition to Remand 10-cv-00516


7 Bluebird Lane

Aliso Viejo, California 92656

Tel: 949-276-1970






PLAINTIFF,                                                  8:10-cv-00516-DOC-E




And FAY E. MARCH (Intervener)



To the Honorable United States District Judge, DAVID O. CARTER:

Comes now Defendants Renada Nadine March and her elderly mother Fay E. March with recently discovered facts circumstances and documentary evidence in support of Debtor’s Opposition to Plaintiff’s  Motion  to Remand To State Court .

1)   Defendants Renada Nadine March and Fay E. March Oppose Plaintiff’s Motion to remand to State Court on the basis of new facts and evidence and points of law as set forth below. 

2)   Defendants removed to Federal Court for one reason and one reason only:

[IN ALL UNLAWFUL DETAINER/FORCIBLE EVICTION CASES BROUGHT IN THE STATE OF CALIFORNIA FOLLOWING A NON-JUDICIAL FORECLOSURE]: “it can be clearly predicted by reason of the operation of a pervasive and explicit state or federal law that those rights will inevitably be denied by the very act of bringing the defendant to trial in the state court.Greenwood v. Peacock, 384 U.S. 800, 828, 86 S.Ct. 1800, 1812, 16 L.Ed.2d 1957 (1966)(citing Georgia v. Rachel; Strauder v. West Virginia, 100 U.S. 303.”

3)   This Court, in its Minute Order (Document 16) Rendered on June 4, 2010, has authorized supplemental briefing: “the Court will hear legal argument as to why the civil rights removal statute should not be construed as requiring the violation of rights in terms of racial equity.”

4)   The civil rights removal statute should not be construed as requiring the violation of rights in terms of racially equality because, FIRST, such a requirement of what can only be called “racial discrimination” does not exist within the text of the statute.

5)   The United States Supreme Court has developed a race-based scheme for the enforcement of 28 U.S.C. §§1443 & 1447(d) which is consistent with the statutory language of 42 U.S.C. §1981, 1982, but NOT with the statutory language of 28 U.S.C. §§1443 & 1447(d).

6)   Justice O’Connor, in Richmond v. Croson, in 1989, wrote that strict scrutiny must apply to all race-based schemes, even those called “benign”.

7)   Application of “strict scrutiny” to any governmental law, program, statute, or policy means that, in order to sustain the questioned law, program, statute, or policy, the Court must find by a preponderance of the credible evidence that after careful consideration of alternatives, the law, program, statute, or policy is the least restrictive means, the most narrowly tailored discriminatory infringement upon fundamental right to “equal protection under the law”, to achieve a COMPELLING GOVERNMENTAL OBJECTIVE (Compelling objective = legitimate + lots of other positive value judgments concerning the policy, program, or statutory scheme).

8)   In sum, the law after Croson (confirmed by Adarand v. Pena as covering federal as well as state programs, laws, and policies) is this: all race-based schemes must be subjected to strict scrutiny, such that unless the Court can find a compelling objective and a tight means-end fit, this Court must strike down the offending law, program, statute, or policy as an unconstitutional violation of the equal protection doctrine under the Fourteenth Amendment.

9)   Defendants submit that, given the absolutely racially neutral, totally colorblind language of 28 U.S.C. §§1443 & 1447(d), there is no possibility that a system of race-based discrimination in the application of this statute serves any compelling governmental purpose.

10)                  Obviously, the Court’s race-based scheme is “benign” in the sense that it is not oppressive to racial minorities, but it is completely irrational and discriminatory against the majority, and does not match the broad inclusive language of 28 U.S.C. §1443(1), but this does not mean that the scheme serves any compelling governmental purpose or is legitimate.

11)                  Much less can this judicial custom, practice, or policy in the racially discriminatory application of Civil Rights Removal be deemed the “least restrictive” or “most narrowly tailored” means to achieving any legitimate governmental purpose.

12)                  If the purpose of the racially discriminatory enforcement of the

13)                  The Civil Rights Crisis of the 1950s-1960s was not greater than the mortgage crisist facing America today.  As a matter of fact, the American Crisis today is MUCH WORSE—and does indeed cross all racial, sexual, and class boundaries: the mortgage crisis goes to the very heart of the rights to enjoy life, liberty, property, and the pursuit of happiness.

14)                  The question this Court must resolve is whether a judicially crafted construction or policy of statutory interpretation, formulated in the years 1966-1975 prior to the decision and reformulation of the Court’s “strict scrutiny” doctrine relating to equal protection as articulated in the line of cases running from Bakke v. Regents of the University of California, 1978, to Richmond v. Croson, 1989, Adarand v. Pena, 1995, and Grutter v. Bollinger, 2003, must equally be struck down as “reverse discrimination.”

15)                  If Judges don’t follow the law then who will?

16)                  If the Judiciary cannot apply to its own older doctrines those which are newer, if Judicial decisions such as Greenwood v. Peacock, Rachel v. Georgia, and Johnson v. Mississippi are held to be immune from strict scrutiny analysis, then there is truly no integrity to the Common Constitutional law of the land, as enunciated by the Supreme Court, whatsoever.

17)                  This Court stated on June 4, 2010, that the inquiry whether race-based criteria should apply to Civil Rights Removal was not fact-intensive.  Defendants March & March agree: strict scrutiny requires that the judicial construction or policy of race-based Civil Rights Removal last articulated by the Supreme Court in Johnson v. Mississippi (1975) can and must be struck down, plainly and simply, as a matter of law.

18)                  But Civil Rights Removal itself, as described by the non-racial elements of removal analyzed in Greenwood v. Peacock and Johnson v. Mississippi, are legitimate and must be analyzed in relationship to the facts and statistics about the conduct of Unlawful Detainer/Forcible Eviction cases in Orange County, and California generally?

19)                  Does the state statutory scheme, taken as a whole, allow for any defenses once the charge of Unlawful Detainer is brought?  In essence, this is one of those “rare situations where it can be clearly predicted by reason of the operation of a pervasive and explicit state ” that the answer is NO, Defendants in California Superior Court do not have any readily available statutory defenses once the charge of Unlawful Detainer/plea for Forcible Eviction is brought: they cannot EVEN challenge the standing of a Plaintiff to bring the suit.

20)                  As Silverstein & Rothman repeatedly have reiterated: so long as the Plaintiff has made all the proper allegations, California Superior Courts will not allow any trial of the facts properly alleged—the mere proper (or even the nearly proper) ALLEGATION of standing to evict following a non-judicial foreclosure inevitably leads to eviction, the Defendant “does not have a Chinaman’s chance”, to use an archaic racially charged-metaphor.

21)                  This terrible metaphor reflected, and definitely indicated the existence of a custom, practice, or policy of malignant, non-benign, discrimination which had its origins in the early United States legal history of the State of California.  The phrase dates to the period when Chinese laborers were brought in to the West in the late 1860s and 1870s, after the Abolition of Black Chattel Slavery in the South, when the Chinese “coolies” were treated without respect and without rights, when they had no access to the Courts, or to any form of Justice, when persons or Oriental origin were, quite frankly, uniformly treated like defendants in Unlawful Detainer/Forcible Eviction cases in California in 2010.

22)                  The court must consider the constitutional nature of the defendants claims to right of to Due Process of law and their right to a fair and impartial hearing are better suited to Federal Court, than State of California superior Court where ownership and title issues are considered as a moot point and Homeowners are customarily and BY Statutory LAW, classified and treated as ordinary renters,  contractually defaulting tenants who have failed to pay rent.

23)                  Additionally the Court should take under consideration that the Defendants in this case are not representing themselves In Pro Per not by choice!   But rather in desperation, due to lack of the financial wherewithal to retain counsel to protect their constitutional rights to their home and principal dwelling place and consideration of their claims of being unlawfully stripped of their home equity and also consider that the defendant  may be victims of an unlawful conveyance of their title who have  been wrongfully and intentionally taken advantage of by the plaintiffs and their commercial lending business partners and their professional corporate attorneys.

24)                  The characteristic of a defrauded and economically disadvantaged State of California Homeowner, is one that the Court must conclude represents ; like gender, race, and religion a constitutionally suspect basis upon which to impose judicially differential and biased treatment.

25)                  Defendants submit the question is not WHETHER Due Process of law will be denied, in their exact circumstances, circumstances, as a direct and proximate result of a pervasive state statutory scheme, but rather, Defendants contend that the FACTS WILL SHOW that ion all cases a meaningful hearing WILL BE denied, not in some but in 99.99% of the cases.

26)                  It is no solution to say that a writ of scire facias or other hopelessly obscure non-statutory defenses may be available.

27)                  For most defendants, who will appear in Pro Per, their situation is this: they are victims of predatory mortgage lending fraud and have, by the actions of their “creditors” been deprived of any and all the financial wherewithal to retain the services of an attorney.

28)                  The court should also take into consideration that a great number of the defendants in Unlawful Detainer/Forcible Eviction cases, ALSO sustained  harm  as a result of plaintiff’s direct misrepresentations and  wrongful acts of deceptive lending practiced by unscrupulous sub-prime commercial lenders and their banking/investment partners who now wrongfully claim the right of possession to these defendants home and principal dwelling place.

29)                  In its order of  July 6, 2010, the Court expressed sympathy for Plaintiff’s Counsel for having “been required to appear in this Court five times for hearings on this matter” (July 6, 2010, Document 26).

30)                  How much greater is the onus on the present Defendants, Renada Nadine and Fay E. March who, unlike Plaintiff’s counsel are not otherwise employed or paid to appear in Court, but who are threatened with homelessness following an illegal foreclosure by way of a judicial process in California Superior Court which will not hear their defenses, not even allow a trial on the question of ownership or standing, because California statutory schemes, although “non-racial” create IRREBUTABLE PRESUMPTIONS, even more ironclad than the aforementioned “lack of a Chinaman’s chance” and worse and more certain than that African-American males in the South would be lynched on charges of having sex with a white woman.

31)                  Where is the Clarence Darrow or Atticus Finch needed to defend California defendants here and now?

32)                  Defendants Renada and Fay March suffered severe personal injuries and have been undergoing continual sedation by pain-killers since their one and only car was totaled on July 5, 2010.  They have been forced to seek medical attention and have been unable to seek legal counsel.

33)                  Plaintiff Fay E. March, a senior citizen in her ninth decade of life, was so badly injured in this crash that she developed fluid in and around her lungs and this condition required special testing and attention, in addition to the fact that both of these single women have been living with constant pain and the disorientation of post-traumatic shock for all of the past two weeks.

34)                  These Defendants are simply lacking in full mental or physical capacity to defend themselves at the present time, and they ask this Court to use its broad discretion to appoint counsel for them.  Counsel would be appointed for even the most minor criminal charge, and yet Forcible Eviction/Unlawful Detainer cannot be commuted to “probation” or “deferred adjudication.”

35)                  Defendants pray for justice and equity, and for a hearing to give their evidence.

36)                  The Court should consider that the In Pro Per  defendants in spite of having tired every avenue and having  done their due diligence have been financially unable to secure the services of an attorney to help the defendants avail themselves of their rightful legal remedies of due process of law, as guaranteed by the American Constitution, to defend themselves against suspected crimes of title fraud and mortgage lending abuse as evidenced below, that may have been committed by an unscrupulous corporate investor, for the purpose of stealing the defendants rightful equity.

37)                  The court is under a duty to examine the Pro Se pleading to determine if the allegations provide for relief on any possible theory.” Bonner v. Circuit Court of St. Louis, 526 F.2d 1331, 1334 (8th Cir. 1975), quoting Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir. 1971).

38)                  On or about Friday July 16, as supported by the Declaration of Defendant Fay E. March filed herewith in support of Defendants’ Opposition to Plaintiff’s Motion  to Remand To State Court, Defendants  Renada Nadine March and Fay E. March  the Defendants  in this action were provided with a Preliminary Report and Declaration of forensic investigator and document analyst  Charles J. Koppa indicating that certain documents have been recently discovered indicating that the subject property title was not duly perfected by the prior beneficiary and  therefore leading the Defendants to  discover and believe  that the purported October 9th, 2009 Trust Deed Sale  of the subject property by beneficiary may be subject to judicial scrutiny as unqualified and due to suspected  fraudulent activity by the prior beneficiary may be determined to be VOID .

39)                  On or about Friday July 16, As supported by the Declaration of Defendant  Fay E. March  filed herewith  in support of Defendant’s  Opposition to Plaintiff’s  Motion  to Remand To State Court, Defendants  Ranada Nadine March and Fay E. March  were provided with an initial  results of a  indicating that Defendants  Ranada Nadine March and Fay E. March   may be victims of  criminal mortgage lending fraud,  as a result of  an on-going  research by  investigator  Catherine Bryan Ibarra  of  Kokopelli Community Workshop  Fraud Research Project (hereinafter in this document referred to as, KCWFR)  who  actively liaisons with   homeowners who are suspected of being  victims of mortgage lending fraud for the purpose of reporting their findings to the  National FBI Financial Institution Fraud Unit, The Federal Trade Commission, and Office of the Comptroller of the Currency. KCWFR  has investigated,  uncovered  and reported  more than 1,000  incidences of Mortgage Lending Fraud against multiple commercial lenders and investors,  ranging from  irregularly reported and recoded documents  to violations  of  commercial lending law and  in other cases mortgage servicing fraud violations, commercial financial elder abuse, unwarranted foreclosures and common violations of Trust Deed Sale Laws and Procedures.

40)                  Defendants Renada and Fay March respectfully request that the Court take under judicial consideration of the declarations filed herewith, see Exhibit A by Forensic Foreclosure Auditor and Expert Investigator, Charles J. Koppa, and Defendants Renada and Fay March see Exhibit B, and deny plaintiffs Motion for Remand to State court for 90 days until professional mortgage fraud investigators can complete their investigation and provide testimony to this Court.

41)                  Defendants ask that this Court accept a further Supplement to this case AFTER July 19, 2010, to more fully address and analyze the questions presented by Bankruptcy Removal under 28 U.S.C. §§1334 and 1452, although the same basic issues of fairness and equity do apply: in that the State Courts will neither hear nor allow challenges to the legitimacy or standing of evictions or non-judicial foreclosures.

WHEREFORE, PURSUANT TO THE ABOVE FACTS AND EVIDENCE Defendants Fay E. March and Renada Nadine March pray that this Court, grant an order denying Plaintiff’s Motion for Remand to State Court .

Respectfully submitted,

July 19, 2010


RENADA NADINE MARCH, Pro se/in propia persona

7 Bluebird Lane

Aliso Viejo, California 92656

Telephone: 949-276-1970


And by:___________________________________

FAY E. MARCH, Pro se/in propia persona

7 Bluebird Lane

Aliso Viejo, California 92656

Telephone: 949-276-1970


I the undersigned Defendant do hereby certify that I served a true and correct copy of this SUPPLEMENTAL OPPOSITION AND REQUEST FOR JUDICIAL NOTICE OF ADDITIONAL EVIDENCE UNDER FEDERAL CODES OF EVIDENCE 901, 902, 1002, and 803.6, IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFF’S MOTION TO REMAND TO STATE COURT. upon Plaintiff’s Counsel by way of  E-Mail on July 19th, 2010, approximately ______ pm  at:, and delivered to Larry Rothman attorney for Steven D. Silverstein, and to Steven D. Silverstein individually, to:


Larry Rothman & Associates

(Counsel for Steven D. Silverstein)

City Plaza—1 City Boulevard West, Suite 850

Orange, California 92868


Facsimile: (714) 363-0229

And to

Steven D. Silverstein, Attorney-at-Law

(as counsel for Meglodon Financial, LLC)

Silverstein Eviction Law

14351 Redhill Ave., Suite #G

Tustin, CA 92780

FACSIMILE: 714-832-7781

Served by the Defendant and Respectfully Submitted to the Court,

Monday, July 19th, 2010



Removing pro se/in pro per

7 Bluebird Lane

Aliso Viejo, California 92656

Telephone: 949-276-1970



Declaration of Charles J. Koppa


Declaration of Fay E. March

Three Unsung Ladies of Liberty

Three  Unsung Ladies of Liberty whose projects and work need more attention:

Brooke Kelley

Janet Phelan

Nancy Jo Grant

I went to a rather unreconstructed grade school in my early years (John S. Armstrong Elementary School in Highland Park, Texas 75205 grades 1-5).   I say it was “unreconstructed” because I had my first dramatic role there in First Grade as Mary’s husband “Joseph” in the school Nativity Play and yes, every day began with school prayer (even though this was in the time of Chief Justice Earl Warren and Madeleine Murray O’Hare) blasted over the school loudspeakers and moments of prayer (both silent and spoken) were common throughout the day—and to the best of my knowledge, it never hurt anybody, and I recall even a Jewish student, Louis Fine, who participated in that same First Grade Nativity Play.

The Song: “Lovely Lady of Liberty”

But we also had a series of patriotic songs we sang, in music class, some of which appear to have vanished from memory, and I would like to see whether anyone else ever sang, or remembers this particular song: not because it is particularly good or even particularly inspirational, but because it has stuck in my head all these long 40 + years and if my imagination made it up I should copyright it (but I’m sure SOMEONE out there must remember it also, because I’m sure I didn’t just dream it—and yet I googled the lyrics and come up with absolutely nothing):

“Lovely Lady of Liberty, here’s to You!

To the One that We’ll Always be Faithful and True!

Though you’re only a statue for Thee, we’ll die.

Lovely Lady of Liberty, here’s to You!

Goddess of Light, Goddess of Might, Facing the Sea!

Send out the Word, Let it be Heard, This Land is Free!

We dedicate our way of life to thy Memory;

That your light may shine on, throughout Eternity

Oh, We Will Always have freedom and Honor too.

Lovely Lady of Liberty Here’s too You!

I look at that song and it sounds like it must have started out as a World War I (“Great War”) Soldier’s drinking song written by officers or government officials designed to incite Patriotic fervor, because it has certain obscure or not-so-obscure but very “old fashioned” (non-“Brave New World” style) allusions to alcoholic toasts, rampant marital infidelity, and violent warlike feelings which hardly seem like elementary school music to go with school prayers.  But I do recall the school music teacher, Miss Biancci (We’re talking a solid forty years ago here, but I’m fairly sure that was her name), was a very conservative and patriotic lady who seemed to like to introduce us to all kinds of soupy romantic Italian popular tunes and Opera, which may or may not have been particularly well suited to even a fairly elite Texas elementary audience.  If ANYONE, from John S. Armstrong Elementary in Highland Park (Dallas County) Texas or anywhere else can remember this song or find it on-line, please advise me.  I would like to find a picture of Miss Biancci (or Bianchi?) if anyone has one dating back to the years 1967-1971.  It was a long, long, time ago, in a galaxy far away.

Rites de Passage: High School Graduation in Austin, Texas, May 29, 2010

Harmony Science Academy is a “Charter School” with several branches, including one in Austin.  According to Wikipedia: “Charter schools are primary or secondary schools in the United States that receive public money (and like other schools, may also receive private donations) but are not subject to some of the rules, regulations, and statutes that apply to other public schools in exchange for some type of accountability for producing certain results, which are set forth in each school’s charter.[1] Charter schools are opened and attended by choice.[2] While charter schools provide an alternative to other public schools, they are part of the public education system and are not allowed to charge tuition.” (June 5, 2010).

My son was born on August 23, 1992, during the onset of Hurricane Andrew in Palm Beach, Florida, so he had just completed 17 years and 9 months of life on Sunday May 23, 2010.  The following Saturday he graduated High School at Harmony Science Academy with a National Honor Society cowl/hood/ribbon around his neck with about 30 other students.  I was there, like many other proud and happy parents.  My son had survived a rather strange childhood fraught with weird traumas of which his mother and I were the primary, material and efficient, causes, although I would submit perhaps neither of us were the formal and final causes—because those higher levels of causation are to be found outside us and in the socio-political structure of our society.

Rites de Passage shape us, and many people hold that graduating from High School is the key rite of American life (as evidenced in the hundreds or thousands of movies, TV shows, and books—and ranging in each category from the good, to the bad, to the truly awful—-which focus on the difficulty or angst of adolescence and high school).

But adults have a role in the rites de passage of their children, also.  My son wanted me to be there for his graduation and so I was.  What was peculiar was that this was the first event at Harmony Science Academy which I had ever attended (and Graduation Commencement wasn’t actually “at” Harmony Science Academy, but at a Marriot Hotel in Round Rock about 12 miles north of the actual school in one of those large expandable or dividable conference rooms that most modern hotels have these days).

Yes, I was there, with Charlie’s mother Elena and Greek Grandmother Nina, but I had never met any of Charlie’s fellow students before.  Charlie had started Harmony Science Academy in Sixth Grade, and on the damnable advice or directions of Williamson County Guardian ad Litem Laurie J. Nowlin I was never “officially” told about Charlie’s enrollment—although the officers of Cedar Park Middle School had informed me immediately, much to their credit.  I had sought Laurie J. Nowlin out to act as an attorney ad litem for Charlie after his mother and I separated in Late July/August 2002.  Laurie J. Nowlin had immediately affirmed to me that Charlie wanted to live with me and that his feelings on the subject were fairly intense.   Money may have passed hands between Elena and Laurie—I’ll never know—there was evidence to that effect but of course bribery is an awfully ugly word (even when most relevant statutes of limitation have long since run).

But the simple truth is that Charlie, with whom I had been best friends up until age 10, as well as a reasonably good father, was not only placed against his express wishes and fears in his mother’s custody by Judge Michael Jergins of the 395th Judicial District of Williamson County, but was completely isolated from me for two full years (Memorial Day, May 2003-June 5, 2005), and I was excluded from his school life at Harmony Science  Academy until his graduation day (except for a couple of e-mail communications with an English teacher sometime in 2006-2007, and occasionally Charlie let me see his report cards and help with homework, especially in 2008-2010).   Judge Michael Jergins and his acolytes Laurie J. Nowlin, James Randall Grimes, and Michael P. Davis had an amazingly brutal custom, practice, and policy of determining, against both men and women, that the unchallenged truthful exercise of freedom of speech regarding basic questions of happiness and conditions of living between a father and son constituted “felony child abuse” (yes, those were Judge Jergins’ words).   Judge Jergins routinely included “prior restraints” on speech in all of his domestic relations orders, and had jailed at least one woman, Rhonda Moe, for 90 days for discussions with her son.  The licensing of speech, expression, petition, and associative activities which existed in England and her colonies prior to the Revolution was banned in the Early Republic, but has gradually crept back in under different guises and forms.  Nebraska_Press_Association_v_Stuart_1976 (Before any judicial prior restraints can be imposed on First Amendment activities, certain specific findings of fact and conclusions of law must be made, and of course, neither Judge Jergins nor any other family law judge in Texas ever bothers with these constitutional requirements). See also  Gregg Abbott, the Texas Attorney General, and James Carlton Todd, a Texas Deputy Attorney General, defended Jergins vigorously in litigation that I filed and pushed forward from 2003-2008.

Anyhow, Harmony Science Academy was a perfect place, in so many ways, in and from which to watch the destruction of the American Way of Life, Constitutional Democracy and World Culture in general as exemplified by Charlie’s life, Judge Michael Jergins, and Laurie J. Nowlin.

Now, to start off with, Charlie is half-Greek, on his mother’s side, and the Greeks historically live in enmity with the Turks, who conquered Greece and the Greek-ruled Byzantine Empire in the 15th century, almost reaching the gates of Vienna in the mid-16th century.  So, the first irony about Charlie attending Harmony Science Academy was that this Charter School was run by Turks.  (How so many Turks ever arrived in Austin, Texas, is quite beyond me, but many of them seem to have immigrated to the U.S. during the massive influx of South Asians that seems to have been a special Bush-Clinton project of the late 1980s-1990s, which brought Indians and Pakistanis into ownership or management of most motels and gasoline stations nationwide, cf. e.g. Patels’ Motels and Dhando, which traces the origins to about 1973 and the end of the India-Pakistan war over Bangladesh).   I always applauded French Presidents Giscard d’Estaing and Nicolas Sarkozy for opposing Turkish membership in the E.U., even as I recall driving along the highways of Serbia and Macedonia (and before that Yugoslavia) and Bulgaria, packed with Turks migrating by bus, car, and truck to guest-worker status in Austria and Germany.  These Turkish legal immigrants into Central Europe far outnumber the Ottoman warriors of the 14th-17th centuries who tried to conquer Europe by force (and did in fact dominate Southeastern Europe until the late 19th century).

At Charlie’s Harmony Science Academy graduation, there were two costumed ethnic dances: one Turkish and one Mexican.  The entire graduation was translated (either by immediate live translators or on screen by written texts) into Spanish as a “second but very nearly equal” language.  I speak Spanish fluently myself, and am not exactly opposed to bilingualism, but I couldn’t help but think of the contrast with my own high school ceremonies 36 years ago in California, where all the music was American and the language was uniformly English.

Harmony Science Academy was one of the most diverse and heterogenous groups of students I have ever seen.  Harmony Science Academy IS the Brave New World, much more than even horribly, artificially, self-conscious modern Harvard where Charlie and I had hung out for the past two summers.

What is the connection between Judge Michael Jergins, Laurie J. Nowlin, and Harmony Science Academy is formal and final causes of the socio-cultural and political configuration of the world today?   All are aiming at one single goal: the destruction of traditional Anglo-Saxon and European culture in the United States.  Anglo-Saxons make very uncooperative slaves, serfs, and servants of large corporate-governmental enterprises, I think, and for that reason their culture must be diluted.  The National Anthem can be sung, but it must not be sung in a proud defiant style, as a kind of cross between a Church-militant hymn (like “Onward Christian Soldiers” or “Come Labor On”) and a straight out war song, but in a soft, toned-down, mellow-yellow “pop” style with no strident defiance of anything.  In this connection I will never forget when Tony Blair became Prime Minister in 1997 and Queen Elizabeth Winced as “God Save the Queen” was likewise reorchestrated as a “pop” tune rather than a nationalist hymn as Blair announced his Brave New World “Cool Britannia” mode of government, kicked the hereditary lords out of the upper house of Parliament, and generally transformed the original Anglo-Saxon nation of the world into a colonized outpost of all the former “Imperial” Colonies’ immigrants.

The socio-cultural and political functions and roles of tradition, family and ethnic-folk-identities, and cultural continuity cannot be maintained when the state in effect pressures families to break up through the Family Court system, and especially when the court system, unsatisfied with merely breaking up families, also seeks to suppress free speech within the family.

In the name of “the General Welfare” and of Title 42 of the U.S. Code in particular, all aspects of child-rearing, Education, Family, Freedom of Speech, and the conduct of litigation are all essentially First Amendment protected activities, and yet all, in essence, are now controlled and licensed by the state.  Such licensing is contrary to the root purpose and history of the First Amendment, and Americans must stand up and assert their rights in opposition to the governmental takeover of private life.   Charter Schools are designed to insert more creativity and diversity into the American educational system, and Harmony Science Academy, at least with regard to some aspects of education, certainly seems to have produced an “above average” set of students.  I cannot say that the vision of the American present or future I saw at my son’s graduation was reassuring to me.  We live in a very insecure country where the governmentally inspired and fostered separate but related fears of self-government and expression of personal identity are related to the suffering many students have experienced as a result of their parents’ divorce and custody proceedings.

Charlie had wanted to follow his Dad and other family members to Harvard, but it was not meant to be.  Only one student at Harmony Science Academy in Austin made it into an Ivy League College at all, a girl named Ashley who was admitted to Colombia.  In one of the awful ironies of graduation day, Elena was concerned because Harmony Science Academy had sent out a warning that the Williamson County Courts had ordered Ashley’s mother to stay away from graduation—apparently Ashley’s mother had offended some one of the Brave New World’s norms, and would be arrested on the spot if she showed up to her daughter’s high school graduation.   Charlie, Elena, and I have somehow transcended the threat of governmental intervention in our lives, but the damage was already done, 2002-2009.  I never had any participation in my son’s middle or high school life except occasionally helping him with homework projects.

When we were first breaking up in April-July 2002, my wife Elena never said anything more hurtful and vicious than, “We are not a family, there is only cancer in this house” (although she said it in Greek, “Oxi Hycogenia eki, Karkinos in sto ‘ospiti.”  Elena was right, of course, our lives were infected by a kind of social cancer, but the cancer that ultimately ate Charlie’s teenage years was the cancer of governmental engineering trying to break up all families and isolate individuals not just from their relatives but from their heritage by this strange religion of global merger and fusion of all cultures and way of life into one great cultural amalgam or “shake and bake” world of uniform people with uniform lives, uniformly disposed to move the global-corporate-and-governmental entities forward.   I am now exhausted after this week of assessing and realizing all that has happened, of trying my best to be sociable and friendly with Elena and her mother Nina who inflicted so much misery on my life and Charlie’s over the past ten-fifteen years, and yet now seem anxious, at the least, to enjoy a “peaceful co-existence.”   We are currently shaping our lives without state assistance, but the scars left by state-mandated “welfare services” run deep indeed.

To challenge what Cass Sunstein (back in my University of Chicago Law days) used to call the “command and control” aspects of regulatory government and the administrative procedures which have, to a large extent, extinguished our constitution, must be among the top priorities of all Patriotic Americans.  The provisions of  U.S. Code Title 42 have all but supplanted every one of the provisions of the Constitution and Bill of Rights, and merged state and federal government in one rather hellish enterprise.  Charter Schools have special tax status as do contributions to their support.  They are part of the weird merger of state-federal-and-corporate functions which has become the key Hallmark of modern American life.  Harmony Science Academy is both a microcosm of this process, and emblematic of the injury suffered by my family in particular, and inflicted on the American population and citizenry in general.  Harmony Science Academy did not destroy my son’s mind or life.  Charlie will now go to a fine college, St. John’s in Annapolis, Maryland, which is libertarian and traditional in spirit, refuses to be “rated” by Newsweek etc. “St. John’s College | News & Publications | Press Releases |” This college continues the “Great Books” tradition of classical education, eschewing textbooks of all kinds, and encouraging students to think and study for themselves.  I am very much hoping that St. John’s is in fact NOT completely infected by and absorbed into the Brave New World…..