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FRAMEWORK PERFECTLY SET INTO MOTION Admiration for the Creation of Our Constitution
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.” –Abraham Lincoln On Sept. 17, 1787, at the Constitutional Convention, the U.S. Constitution, drafted by James Madison and others, was signed and put into effect. Constitution Day, also known as Citizen Day, has been celebrated in our country since 2005 and commemorates one of the most important documents ever placed into existence. The Constitution greatly impacts today’s legal world. It separates us from tyranny and anarchy, affords us due process under the law, and so much more. As it was written over 200 years ago, it proves that it is both strong and flexible. The Founding Fathers created it in such a way, knowing that as we progress, we would need to change it — that fascinates me. The Constitution creates our government, which consists of legislative, executive, and judicial branches, that act together via a system of checks and balances. It also divides the power it grants among the states and the federal government and protects many liberties for American citizens. Lawyers play a huge role in assisting to define the Constitution and apply it to current world events and problems. After all, it is the basis for criminal defense, as they contain many constitutional arguments. For example, this amazing document makes sure that police cannot just stop someone because they look guilty — they must have reasonable suspicion and/or probable cause. “Lawyers play a huge role in assisting to define the Constitution, protect all citizens, and to apply it to current world events and problems.”
Embedded within the Constitution as we know it today are some very important amendments that I work with almost on a daily basis. The Seventh Amendment is one of the most common for our office, as it entitles everyone to a trial by jury for civil suits. This means that whenever a dispute arises between individuals or corporations, there are laws laid out stating that if an agreement cannot be reached in a civil dispute, a jury made up of peers will decide. This jury trial provides a forum in which the facts are presented and evaluated in an impartial manner to be judged according to the law. Next, the Fifth Amendment creates a plethora of rights relevant to both civil and criminal proceedings, including due process. The Fifth Amendment outlines that no one shall be “deprived of life, liberty, or property without due process of law.” However, the Fourteenth Amendment, which was ratified in 1868, contains the Due Process Clause, outlining a legal obligation of all states. It ensures fairness in our criminal justice system, which for society, is crucial. Lastly, we often work with the Fourth Amendment, which protects citizens from unlawful searches and seizures, stating that law enforcement officers must have probable cause, and in some cases, obtain a warrant, before they are able to conduct a search of a person or property. With a strict set of protocols to follow, police cannot search a citizen “just because.” I’m not sure that my profession would exist without the Constitution, and it surely wouldn’t operate as smoothly as it does without it. I am so fascinated by the framework set in place in 1787 and the thought, intellect, and rationality that has gone into each amendment along the way. This month, may we remember the creation of this incredible document that grants us much of the protection we have in place today. Happy Constitution Day!
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‘AHOY, MATEY!’
The Origin of Pirate Talk
Talk Like a Pirate Day on Sept. 19 has been a favorite silly holiday since it was created in 1995. But while it’s an opportunity for vloggers, radio hosts, and everyday people alike to let loose with a few hearty shouts of “arrrr,” the holiday certainly raises a couple of questions … Did pirates really talk like that? And why do we think they do? The truth is that nobody really knows what a typical Caribbean pirate sounded like. Historian Colin Woodard, author of “The Republic of Pirates: Being the True and Surprising Story of the Caribbean Pirates and the Man Who Brought Them Down,” told National Geographic, “There isn’t much in the way of scientific evidence in regards to pirate speech.” No audio recordings of pirate speech exist, and most witnesses have only written down small sets of quotes from pirates. Pirates didn’t really write, either. There’s “almost nothing written by pirates themselves, with the exception of educated people who
‘went pirate’ and, therefore, probably didn’t exhibit pirate speech patterns,” Woodard said. Our best guess? Many scholars suspect that English-speaking Golden Age pirates
After that movie, “Newtonesque” pirates were seen everywhere, from Captain Hook to Captain McCallister of “The Simpsons.” Still, there is a little truth in some pirate phrases. Not unlike the Canadian “eh,” “arr” was an affirmation in the English West Country during the early 20th century. Some phrases, such as “me hearties,” were simply universal 18th-century nautical terms. Although “pirate speak” today is mostly Hollywood magic, it’s still fun! Give it a try this September, and we’re sure it’ll make you smile — even if the true pirate dialect is much more mysterious.
must have spoken exactly the same as English- speaking merchant sailors of the time. After all, large numbers in both groups tended to be from riverfront neighborhoods around London. How Disney Started It All Modern “pirate speak” can actually be traced back to a single movie: the live- action Disney movie of the 1950s, “Treasure Island,” starring Robert Newton as fictional pirate Long John Silver. Woodard explained, “Newton’s performance — full of ‘arrs,’ ‘shiver me timbers,’ and references to ‘landlubbers’ — not only stole the show, but it also permanently shaped pop culture’s vision of how pirates looked, acted, and spoke.”
Testimonials
“I would recommend Rob and his team to anyone. During my time of grief, he helped me in my case. He was always very professional and made sure I understood everything on every step taken. He is very compassionate about his profession and puts his clients first. I will always be grateful for the help and guidance they offered me.”
–Summer P.
www.bhollandlawfirm.com
Jane injured her neck and right shoulder while lifting a heavy box at a kitchen where she worked as a grill cook between Greenville and Spartanburg, South Carolina. When she came to see me, she stated that her biggest fear — being taken advantage of by her insurance agency — brought her to us, and her fear was well-founded. You could say we earned Jane’s settlement despite the absence of a critical factor from some bigger workers’ comp settlements: high medical impairment ratings. Because we didn’t have that, our strategy focused on the permanent work restrictions revealed by a functional capacity evaluation, plus a vocational evaluation I obtained to show her injuries left her unemployable due to her unique skill set and background. As a result of her injuries, Jane required an extensive shoulder operation, including a repair to her torn rotator cuff. She also suffered serious spinal injuries in her cervical spine, located in her neck. She was diagnosed with a cervical disk herniation, which caused cervical radiculopathy — intense pain and weakness throughout her arms. Unfortunately, the extent of her injury was just too much for medical science to fix and even now, hounding pain and weakness just don’t go away for Jane. The insurance company inexplicably denied her physical therapy for her wounded neck. Thus, I requested a hearing before a workers’ compensation commissioner to order the treatment, and before the hearing took place, opposing counsel announced he’d secured the insurance company’s agreement to provide the treatment. A Settled Workers’ Comp Case: Going the Extra Mile for Our Clients
Because Jane’s permanent impairment rating given by her doctors didn’t match the extent of her injuries, I had to use her functional capacity evaluation (FCE) to prove her permanent work restrictions.
The FCE findings were as follows:
• She gave sincere effort. • Despite that effort, she could not meet the physical demand requirements of her job. • She had severe restrictions. She could only lift or carry up to 15 pounds. She couldn’t climb stairs or ladders. Yet we needed more evidence. A vocational evaluation revealed that Jane lacked basic skills to make her employable outside the physically intensive work she’d done her entire life. She reads and does math on an elementary school level. She has no computer skills. The evaluator concluded she’s totally disabled, meaning there are no jobs out there for her skills with her limitations. This formed the backbone of our strategy for a settlement based on eligibility for permanent and total disability. A vocational evaluation proved Jane’s permanent restrictions left her virtually unemployable, so the relatively low impairment ratings were no longer a factor. We were able to secure a settlement of $75,000 that satisfied Jane’s financial needs and allowed her to take control of her own health care instead of having to go through the workers’ compensation system.
Good News
Goulash, Hungary’s National Dish
Inspired by Delish.com
Ingredients
“What you have said in the dark will be heard in the daylight, and what you have whispered in the ear in the inner rooms will be proclaimed from the roofs.” –Luke 12:3 “We may make a lot of plans, but the Lord will do what he has decided.” –Proverbs 19:21
• 2 tbsp extra-virgin olive oil • 1 yellow onion, chopped • 2 cloves of garlic, minced • 1lb ground beef • Salt and pepper, to taste • 1 tbsp tomato paste • 1 1/4 cups beef broth • 1 15-oz can tomato sauce
• 1 15-oz can diced tomatoes • 1 tsp Italian seasoning • 1 tsp paprika • 1 1/2 cups elbow macaroni, uncooked • 1 cup shredded cheddar cheese • Fresh chopped parsley, for garnish
Directions 1. In a large skillet over medium heat, add olive oil and wait for it to heat. 2. Once heated, add onion and cook for 5 minutes, then add garlic and cook for 1 minute. 3. Next, add the ground beef to the skillet, and cook until no longer pink. Drain the grease, then add salt and pepper. 4. Stir in the tomato paste, beef broth, tomato sauce, and diced tomatoes. Season with Italian seasoning and paprika. Add macaroni to the skillet. 5. Bring mixture to a simmer and let it cook for 15 minutes. Stir the pasta occasionally. 6. Mix in the cheese and remove the heat.
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* This newsletter is intended to educate the public about personal injury, workers’ compensation, criminal defense, and family law issues. You can copy and distribute it as long as you copy the entire newsletter. But the newsletter is not intended to be legal advice; you should ask a lawyer about your specific case. Every case is different, and all case outcomes depend on unique facts and laws.
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INSIDE this issue
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Constitution Day
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How Did Real Pirates Talk?
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Testimonial
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Workers’ Comp Case Settled
3.
Goulash, Hungary’s National Dish
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A Dog’s Loyalty Has No Limit
If you no longer want to receive this newsletter, call Pam at 864.582.0416 or email rob@bhollandlawfirm.com .
This Belgian Malinois Needs a Cape
Eva’s Stand-Off With a Mountain Lion
A commonly uttered phrase among dog lovers is that we don’t deserve them. This comes from the fact that dogs often give their all to protect their owners,
made food scarce in some areas. Their preferred prey is deer, but these conditions probably made the sudden appearance of a slender woman look like an attractive option. The mountain lion growled and took a swipe at Wilson’s left shoulder. As it lunged at her, Wilson screamed and shouted for Eva. At the distressed call of her owner, the dog came running back to Wilson’s aid. Without hesitation, Eva leapt between Wilson and tackled the wild cat. During the short tussle, the mountain lion managed to get its jaws around Eva’s head, but Wilson fought to free her dog by throwing rocks in an attempt to break its hold. When that didn’t work, she ran back to her truck and managed to wave down a passing motorist. With their combined efforts — and a crowbar and lots of pepper spray — they were able to scare the mountain lion away. Wilson, though wounded, managed to carry Eva back to her truck and raced her to an animal hospital. Unfortunately, while Eva survived the initial attack, she passed away due to her injuries on June 8, 2022.
even if that means putting their own lives at risk. Dogs seem to be instinctively wired to protect their humans — and it’s more proof they really are our best friends. In May 2022, Erin Wilson pulled off at a roadside picnic area and headed down a path toward the Trinity River in California with her Belgian Malinois, Eva. As Wilson walked down the slope, the dog ran ahead. Suddenly, Wilson turned around and realized she was being cornered by a mountain lion. These attacks are incredibly rare due to the mountain lion’s reclusive and shy nature. In fact, since 1890, California has recorded only six fatal mountain lion attacks. However, recent drought conditions have
Wilson said she would do anything for her dog, and that day, Eva proved she had done the same for Wilson.
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