All this week you can see Jamie Bordas and Chris Regan discussing the life and legacy of John F. Kennedy on the 50th anniversary of his assassination in Dallas, Texas. The Bordas & Bordas Legal Review continues to bring you the fascinating issues of interest to our local area, our State and the Nation as a whole and this episode is no different. Kennedy's influence on the space race, the civil rights era, the Vietnam War and his enduring place in the hearts and minds of Americans are all covered to help our viewers reflect on this solemn but also fascinating occasion.
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I sat in the rocking chair in the nursery in our house holding my youngest child, alone. I may have sat there thousands of times and have rocked four different babies in that chair, but at that moment, time stopped. I looked around the room and saw the crib and changing table and reminisced about where they were situated in our old house. The place we lived before living where we do now was the place I spent my first pregnancy and brought home my first baby- my six year old daughter, Alexis. I remembered vaguely, although only a short six years ago, how the crib lay in the back right corner of the room at our old house. And how the changing table was along the wall across from the crib. I looked up on the armoire and saw the big white stuffed bear that I got at my baby shower and tried hard to place where exactly his home was before moving here. Sadly, I just couldn't clearly picture it. By this time, my baby, Matt, was slowly fading to sleep, and as I heard the sounds of bath water running in the next room, and the voices of my three older children giddy and over-stimulated for bath time, I continued to get nostalgic. I glanced up at the wall and saw that it was still decorated with the pink wooden letters A-L-E-X-I-S. Despite having had three subsequent children who have taken possession of this nursery since Alexis, I never changed the name on the wall, even though they all have their own wooden letters spelling out each of their names as well. I couldn't help but wonder whether it was subconsciously intentional that I have let them stay there all this time? Had I been unable to leave those precious memories as exactly what they are- memories?
As an Irish Catholic Democrat (my ancestors were Haggerty, Finnegan, and Gainer), I have always been especially fascinated by John F. Kennedy. Sadly, he was assassinated 50 years ago today. I have heard many stories from my parents' generation about where they were when they found out that President Kennedy had been shot. My dad has told me about how his entire student body at Charleston Catholic High School immediately gathered to pray. I have watched the movie JFK countless times. I even had the privilege of being taught criminal law at Notre Dame by Robert Blakey, who was the Chief Counsel to the U.S. House Select Committee on Assassinations that investigated the death of President Kennedy. Perhaps, all of these things contributed to my fascination with someone who died more than a decade before I was born.
Thanksgiving, Christmas, the Holidays -- a blessed time of the year! The hustle and bustle of shopping. Eating out. Baking cookies. Maxing out your credit cards... Folks seem nicer to each other, more generous, more thankful. Something I am most grateful for: the freedom to worship God and study His Word. I have been in an ecumenical Bible study since I moved to Wheeling in 2001 and have learned so much under the teachings of various well known and respected bible scholars. We are currently studying "Jesus the One and Only", by Beth Moore, one of my all-time favorite Bible teachers. What a great study for this time of year. This is a quote from the study: "A host of memories must have been dancing in her [Mary's] head: The angel's appearance. His words. Her flight to the hill country of Judea. Elizabeth's greeting. Their late night conversations. The first time she noticed her tummy was rounding. Joseph's face when he saw her. The way she felt when he believed. The whispers of neighbors. The doubts of her parents. The first time she felt the baby move inside of her. The dread of the long trip. The reality of being full term, bouncing on the back of a beast. The first pain. The fear of having no place to bear a child. The horror of the nursery. The way it looked. The way it smelled. The way He looked. God so frail. So tiny. So perfect. Love so abounding. Grace so amazing. Wise men bowed down. Shepherds made haste - each memory like treasures in a box. She gathered the jewels, held them to her breast, and engraved them on her heart forever." Beth Moore, from her book, Things Pondered .
Through the Health Information Technology for Economic and Clinical Health Act of 2009, our government began a push for the implementation of Electronic Health Records (EHR), which was woven into the stimulus plan at the incentive price of $30 billion . It is a linchpin in President Barack Obama's plan for health care reform. Different vendors supply their EHR Systems to our hospitals, and one day these systems are all supposed to "talk to" each other. According to a proposed timeline, this year should effect more rigorous standards to command this digitally bound network of our health data. While the government claims the revolution in health information technology will, overall, identify safety problems, detect epidemics, and improve patient outcomes, as data of treatment and outcome data will be available for analysis by researchers who are bound by The Privacy Rule, The Security Rule, and The Breach Notification Rule under the Health Insurance Portability and Accountability Act of 1996, to protect the security and privacy of our records. To a great extent, our information is at risk.
One question lawyers get all the time is how a criminal defendant who "everyone knows is guilty" can plead not guilty and have a trial. Well, that's simply a function of how our system works. The criminal defendant, armed with the presumption of innocence, can "put the state to its proof" and require the government to put on a case that a crime was committed. A criminal defendant also has the "right to remain silent," guaranteed by the Fifth Amendment to the United States Constitution, meaning that a criminal defendant does not have to take the stand or make any statements about the crime. In civil cases, things are different. In a civil case there is no presumption of innocence. There is also no right to remain silent. Even so, that doesn't stop corporations, banks and other types of defendants in civil courts from behaving as though they are in criminal court. This was shown recently in a Toledo Hospital case. A young woman named Sarah Fudacz was in need of a kidney transplant. Her brother had been found to be a perfect match and decided to donate one of his two kidneys to save his sister's life. But rather than handle the kidney properly after it was removed from Mr. Fudacz's brother, however, the hospital personnel simply threw it in the trash.
Have you ever thought about creating a bucket list? I'm not sure I understand the difference between a bucket list and fulfilling a dream. However, not so long ago, I had an occasion to consider what I would do if I was told that my days were numbered? What was it I needed to get done on that bucket list? A bucket list I guess that I hadn't even created in my lifetime yet here on earth. I couldn't answer that question, because the bucket list didn't matter. What mattered to me was my family: they are my bucket list. As far back as I can remember I saw myself growing up and becoming a mom and a wife with enough to live comfortably, but I've never needed extraordinary riches. I've always wanted to travel different places in the world and I've done that - sure, not all, but enough places that made me believe I was in paradise on numerous occasions.
Bordas & Bordas is proud to have again been selected first in the attorneys category for The Intelligencer and Wheeling News-Register's Readers' Choice awards. It is an honor to have been singled out by our community for this designation, and we thank each and every one of you who voted for us.
"We pray for the big things and forget to give thanks for the ordinary, small...gifts." These words were written by Dietrich Bonhoeffer, the German pastor, theologian and reformer. Beautiful words. Inspiring words. But they are all the more beautiful and inspiring when you consider the context in which they were written. When the Nazis rose to power, Bonhoeffer refused to surrender to their meddling in matters of faith. Taking a small band of faithful men, Bonhoeffer established a seminary in the remote German countryside--a secret, illegal seminary where the next generation of church leaders would live and learn together. Despite the ever-present Nazi threat, Bonhoeffer was thankful for all of the "ordinary, small...gifts" that he experienced every day from God's hand.
We are bombarded every day with television advertisements from insurance companies promising to respond and protect their policyholders when disaster strikes. These promises are made with the hopes of enticing more people to purchase policies from the insurer and increasing the premiums collected by the company. Insurance companies make money in two primary ways: 1) collecting premiums and 2) investment income, i.e. interest and dividends earned on the insurer's cash, stock and bond reserves. Paying claims reduces the insurer's cash on hand and, correspondingly, reduces the potential investment income which is realized. As a result, insurers are incentivized to delay paying claims and to minimize any amounts eventually paid and policyholders are left with unfulfilled promises.