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As of late, I have been thinking about different ways that we sign away our freedoms every day to more easily participate in the modern world. Depending on the need, some would say we forcibly give away these rights to participate.  Though I am conscious in some small way of doing this, am I knowingly and voluntarily signing these waivers and generalized terms and agreements?  Whether it be software I need in the office to efficiently complete my work, to my own spare time where, as a relatively newly married person, I find myself making decisions like, “Should I save up and buy the new washer and dryer outright or should I sign a seemingly beneficial lease agreement?”  After all, my clothes need to be washed now and there is seemingly as much of an investment of time and money to fill my car with gas and take my clothes to the laundromat over the time it will take to save the money. Little do I realize as I am signing all of the paperwork and thinking about the cost-effectiveness of a method of purchase and how I’ll get the washer and dryer down my narrow basement stairs, that in most leasing agreements such as these, there is in fact boilerplate language that – as I sign the dotted line - waives my right to a jury trial. Such a legal state is not something most consumer companies want to advertise explicitly, and as a result, the significant departure from our Seventh Amendment rights is often hidden within the confines and clauses of lengthy contracts. Being the anal retentive person that I am, I called one such company’s headquarters and the management of multiple stores to ask if such boilerplate language was negotiable. Surprisingly (or maybe not so), I was told absolutely not.  If I had enough of a problem waiving my right to a trial by jury, then I could just go somewhere else or buy it outright. Fair enough, some may say. After all, such is the virtue of living in a free market. But do many people have these options?  Particularly if you’re restricted in a market dominated by these sneaky technicalities that restrict those in less than able settings such as rural environments, single-parent homes, those without adequate transportation such as seniors, etc.  We cannot simply assume we always have a choice.  In a similar vein, think of those who have no choice but to choose public transportation, including those who use public transportation to access the laundromat.  For those who have large families, the easy ability to wash clothes does definitively entail access to a washer and dryer as a basic need. If there’s any doubt about such a machine being a basic need, let us first consider the legal definition according to USLegal.com, “Basic needs refer to those things that are necessary to sustain life. It is the minimum requirement of a community for a decent standard of life. Basic needs consists of adequate food, shelter, and clothing plus some household equipment and furniture”. When one has the ability to achieve enough independence to lease a washer and dryer to maintain a high standard of cleanliness for their family, is it possible to go to another company that does not have boilerplate language without these potentially disastrous consequences?  As the right to a trial by jury for most civil suits is a fundamental right within American society in accordance with the Seventh Amendment, it seems apparent that access to goods that maintain a dignity for human life should not have the average citizen unknowingly and unwillingly enter into a contract which strips them of their Constitutional Rights.  At least, as the Georgia Supreme Court expressed in Bank South v. Howard, there must knowingly and willingly be a written stipulation by the party consenting to a non-jury trial. In the end, it’s a question of whether I should maintain a modern standard quality of life and thereby give up my Seventh Amendment rights or should I find somewhere else to buy a heavily manufactured product from a company that will not use the same boilerplate language - or at least one that has the ability to negotiate said boilerplate language within a sales setting?  Just something to think about in regards to my independence and that little dotted line of terms and agreements that I sign every day.

Dear Punxsutawney Phil: I send you this urgent letter as my personal plea for your last minute assistance in hopes that you can make a difference. When you emerge from your cozy little den on Thursday, please stay and have some breakfast.  No need to rush back into that hole.  You seem to have an overly one-sided record of seeing your shadow and running away.  Let’s change those statistics, starting this year. My mother lived in Punxsutawney for a while as a child and has come back to share in the town’s celebrations that run all week long.  She says you are quite a fine fella when you hang around long enough for people to get to know you.  I, myself, would love to see you stay and mingle with your fan base rather than retreat to your little hotel in the ground. You see Mr. Phil, it’s been a long winter.  People here in the northeast could use a little taste of warm weather.  The bitter winds and icy roads came too soon this winter.  They have left us feeling tired and low on the energy we require to push through our busy schedules, not to mention the grumbling attitude that many of us develop when we open our heating bills. We want to see flowers bloom and our surroundings look alive again.  We want to feel alive again.  Can we get a little taste of that hope? With spring comes the transformation out of the depressing darkness and bitter chills of the days and nights. You know when you’ve had enough of Old Man Winter. Spring brings a fresh new outlook. Well, I have had enough of winter and I am rooting for you Mr. Phil. So, come out, come out wherever you are. We eagerly await your arrival and for news to spread. This year you can be a shining star.  Stick around.  Don’t see your shadow. Heck, don’t even look for it.  Defy the odds this year and bring us an early spring, Mr. Punxsutawney Phil. Sincerely, Erin M. Dodd

On January 20, 2017, Fish Creek experienced an infiltration of “ blackwater” or “slurry” from seeping of the Connor Run impoundment in Marshall County. This infiltration was significant enough to mobilize officials from the West Virginia Department of Environmental Protection to on scene of a slurry release. And while the event itself was widely reported in the news media, I found no discussion at all on the nature of this “blackwater” or the Conner Run impoundment. In fact, this blackwater is the toxic waste that remains after coal is burnt to create electricity at the Kammer and Mitchell power plants. This waste is deposited in the Conner Run impoundment, which is simply a very deep lagoon in which the waste is placed, along with water, to create a slurry. Toxic substances in this coal waste often include arsenic, mercury, chromium, and cadmium, all of which can contaminate drinking water supplies and damage vital human organs and the nervous system.  In fact, one study found that one out of every 100 children who drink groundwater contaminated with arsenic from coal power plant wastes were at risk of developing cancer. The EPA has also reported that the risk of getting cancer from coal ash lagoons is 10,000 times greater than government safety standards allow. A typical coal plant creates more than 125,000 tons of ash and 193,000 tons of sludge from the smokestack scrubber each year. The most at-risk communities for groundwater contamination with this waste are those that lie near waste ponds like Connor Run impoundment, that lack a protective liner to prevent blackwater seepage into the groundwater table. Groundwater monitoring for the Conner Run Impoundment have previously shown moderate exceedances of the arsenic groundwater criterion. For anyone living in the shadow of the Conner Run impoundment, you may want to consider having your tapwater tested for heavy metals, including arsenic, mercury, lead, chromium and cadmium. For more information, you can call the Safe Drinking Water Hotline at 800-426-4791. If testing reveals evidence of contamination, you may also want to consider a whole house water filter that removes heavy metals and other coal waste contaminants. There are a number of systems available on the market for that purpose.

While a rant about politics on social media can fulfill our need for instant gratification, doing so is unlikely to get the attention of the people who really have the power to make a difference. Most of our congressional representatives have a variety of ways we can contact them – from forms on their websites to email addresses, from telephones in both Washington, D.C. and their home offices. It is tempting to use email and electronic contact forms, because this is something easy to do at any spare moment. Picking up the phone can feel a bit more daunting. Lawmakers and their staff generally agree that phone calls are the most effective way for concerned constituents to reach out to our congressional representatives. While it is unlikely that you will speak directly to your representative when you call their office, the message that you leave with a member of their staff will be passed on in one form or another. For those who are anxious about speaking to a congressional staff member over the phone, especially in this sort of context, it’s helpful to know what to expect. Your phone call can be very short if you choose, and you can simply provide your name, city, zip code, and let the staffer know whether you are for or against a particular issue. Rest assured that the staffer will not badger you about your opinion, nor insist that you argue your cause with them. They are collecting data for your representative, not trying to engage you in an all-out debate. If you are more comfortable with speaking on the phone, try to provide a personal story about why the cause you’re calling about matters to you. These types of personal anecdotes can be especially memorable in a sea of relatively similar calls, and staffers may pass these stories on to your representatives. Regardless of whether you prefer a shorter or a longer conversation, you may want to prepare a script in advance of your calls to help you stay on track. There are many scripts available online if you are unable to write your own, and websites like 5Calls.org will even provide you will scripts tailored to address specific issues. If you are preparing to make calls to your lawmakers, follow a few simple steps: 1. Find out who to call. Websites like whoismyrepresentative.com will ask you for your zip code and then give you the names and contact information for your senators and representative. 2.  Prepare a script. Include your name, city, and zip code. Try to address one issue per call. If applicable, include a brief personal story about how the policy in question affects you. 3.    Keep it short. Every call is important, but congressional staffers are taking a lot of them right now and they need to be able to get through as many as possible. 4.     Be friendly to the people who answer the phones. It’s a tough job on the best of days, and doubly so when emotions are running high. While a rant about politics on social media can fulfill our need for instant gratification, doing so is unlikely to get the attention of the people who really have the power to make a difference. Most of our congressional representatives have a variety of ways we can contact them; from forms on their websites to email addresses, from telephones in both Washington, D.C. and their home offices.

My friend, Mary Ann, who works for KEY Animal Hospital in Wheeling, is trying to help Marna, who runs the Clay County (W.Va.) Humane Association, Inc.., a non-profit, no-kill animal refuge. Marna does not receive financial assistance from the county. She and her daughter keep the animals at their place of business or at their homes. They are in desperate need of help to feed and house the animals for which they care. I’m asking anyone who can donate anything to help Marna with our four- legged friends to takedonations to KEY Animal Hospital, 855 Warden Run Road. Once a full load of items are collected, Mary Ann and I will be taking the donations to Clay County. I’m also asking all of the animal shelters in the area to help collect donations. I know times are hard for everyone, but because some people don’t spay or neuter their pets, all of the shelters are overcrowded and a lot of our canine friends are on death row through no fault of their own. I’m asking the local schools to help, too. If you have a woodworking class and would be willing to build a dog house or two for us to take to Clay County, that would be awesome and very helpful to Marna. Monetary donations and gift cards will be accepted as well and can be sent to the following address: Clay County Humane Association, Inc. P.O. Box 156 Ivydale, WV 25063 In previous years, the Clay County Humane Association would travel to Hagerstown, Md., to receive donations, but the facility that provided the food has since closed, so Marna is in desperate need as the Clay County Humane Association works with a number of groups to send as many dogs and puppies to rescue as they can. Marna has learned to be very resourceful on a shoestring budget. Anything you can do or give will be deeply appreciated. Barley and Guinness thank you in advance for any help you are willing to give to the Clay County Humane Association, Inc. Bark on, Bordas Dog Nation, bark on.

I’m not ashamed of it. I’ll say it loud and I’ll say it proud:  I love watching English television! I grew up in the ‘70s watching Doctor Who. We didn’t have BBC America back then. I had to catch when I could on the local PBS station. I was hooked--really hooked. The idea of a quirky alien with an English accent flying through the galaxy in a blue police box was fascinating to me. Yes, the special effects were hokey, but the stories were fun and exciting, and if you listened closely there was plenty of social commentary. The show was discontinued in the mid-‘80s, but was revised 10 years ago in an effort to reach out to a whole new generation. I confess that I’m still a Doctor Who junkie and I always will be. Like so many others, I was caught up in all of the hoopla over Downton Abbey. It’s a little odd, really, that Americans were drawn to a show about English aristocrats. But the characters were well developed and there was always plenty of drama. As a lawyer, I took a special interest in things like the “entail” -- the conveyance that left the Crawley girls without any inheritance rights and created all of the chaos in the first season. We learn so many things in law school that have faded into history. It’s nice to see some of these legal concepts not only mentioned, but also playing a major part in the storyline. It was only a few years ago that I discovered Call of the Midwife. This series is set in London in the ‘40s and ‘50s, and follows the exploits of a group of midwives who worked closely with a nunnery. Here again the Brits have a handle on good characters and good storytelling. To be honest, the stories can be heartbreaking. There’s plenty of poverty, death and difficult medical issues that are simply beyond the technology of the day. But if you’re like me, you come to admire these young women and their determination in the face of constant hardship. I can’t possibly write a blog about English television without mentioning the new Sherlock series. The concept is simple enough: take the heart and soul of the Sherlock Holmes character and transplant him into a modern setting. I’ve got to tell you, it’s one of the most thrilling and engaging shows I’ve ever watched. Benedict Cumberbatch is a wonderful, award-winning actor, but he’s at his best creating this contemporary version of Sherlock.  Watch it for yourself. You won’t be disappointed, I promise. What about you? Have you been swept up by television from across the pond? What’s your favorite?  I would love to hear from you! I�m not ashamed of it. I�ll say it loud and I�ll say it proud: I love watching English television! I grew up in the �70s watching Doctor Who. We didn�t have BBC America back then. I had to catch when I could on the local PBS station. I was hooked--really hooked. The idea of a quirky alien with an English accent flying through the galaxy in a blue police box was fascinating to me. Yes, the special effects were hokey, but the stories were fun and exciting, and if you listened closely there was plenty of social commentary. The show was discontinued in the mid-�80s, but was revised 10 years ago in an effort to reach out to a whole new generation. I confess that I�m still a Doctor Who junkie and I always will be.

The U.S. Constitution provides, “he President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Article II, Section 2, Clause 1.  This sweeping presidential power authorizes the President of the United States to exercise leniency towards persons who have committed federal crimes.  Under the Constitution, only federal criminal convictions may be pardoned by the President; he cannot pardon a state criminal offense.  The power extends to both commutation of a sentence as well as pardon. The pardon power is not only broad in scope, it is also immune from restraint by Congress.  The Supreme Court in its interpretations involving the pardon clause has yet to limit the President’s discretion when exercising the pardon power. The Office of Pardon Attorney, which is part of the Department of Justice, has existed since 1893 to keep track of and manage pardon requests.  Although pardons may be granted throughout a President’s term in office, as a President’s term draws to a close, it is fair to say that it is the “busy season” for granting pardons. According to the Office of Pardon Attorney, a pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence.  While that may be true, there is no constitutional requirement that there be any acceptance of responsibility or any good conduct by the recipient of the pardon.  Consider that when President Richard Nixon was granted a pardon by President Gerald Ford for any crimes that President Nixon may have committed during the Watergate scandal, President Nixon had not at the time even been charged with any crimes.  This “pre-emptive pardon” did not require any acceptance of responsibility or good conduct. A pardon does not signify innocence, but it does remove civil disabilities, such as restriction of the right to vote, hold state or local office, or sit on a jury.  According to the Office of Pardon Attorney, a presidential pardon is the only way a person convicted of a federal felony offense may regain his or her right to bear arms. Presidents rarely announce their reasons for granting or denying clemency, although a President certainly is free to do so.  The policy in place is that if the President does not issue a public statement concerning his action in a pardon matter, no explanation is provided.  Moreover, deliberative communications involving the President’s decision-making, to the extent that they are documented, are withheld under the government’s interpretation of the Freedom of Information Act and the Privacy Act.  While the details of the President’s consideration of a clemency request may not be revealed by the government, the presidential grants of pardons are a matter of public record.

Did you know that your smoke and carbon monoxide detectors are only good for seven to 10 years? Yes, you need to make sure you replace the batteries yearly, but you also need to replace all detectors that are 10 years old. To determine the age of your smoke alarm, you can look at the back and you will find the manufacture date. Even if you have hardwired detectors, they also need to be replaced 10 years from the manufacture date. In most fires, there are either no detectors or the detectors DO NOT WORK properly. It could be because they are too old or the batteries have not been replaced yearly or they may not have been tested periodically throughout the year to make sure they are in good working order. It’s important to have enough smoke alarms in your home. Fire research has demonstrated that with today’s modern furnishings, fires can spread much more rapidly than in the past when more natural materials were used. Because of this, having a sufficient number of properly located smoke alarms is essential to maximize the amount of available escape time. ONE ON EACH FLOOR WOULD BE IDEAL, BUT NOW THEY ARE SUGGESTING ONE IN EVERY BEDROOM. Now please read this paragraph if you have not fully read the other paragraphs in this blog. CARBON MONOXIDE has no smell or taste; it is a byproduct of combustion. Humans and other animals with lungs cannot tell when they are breathing in carbon monoxide. Carbon monoxide competes with oxygen for binding sites on hemoglobin. Hemoglobin is the molecule in red blood cells that carries oxygen from our lungs to tissues all over our body, and returns carbon dioxide from the tissues. Carbon monoxide binds to hemoglobin with a binding affinity over 200 times greater than that of oxygen. In other words, carbon monoxide is much better at getting into hemoglobin than oxygen. If oxygen cannot get into hemoglobin because that space is occupied with carbon monoxide, then parts of our body (tissues) will be starved of oxygen and die. Our bodies have no use for carbon monoxide. If we breathe it in it deprives our blood of oxygen. A CARBON MONOXIDE DETECTOR in your home is ABSOLUTELY ESSENTIAL if you have any gas appliances or an attached garage. Beware of gas powered tools and equipment when used inside rooms such as a basement or garage. Do not leave gasoline-powered motors running in your garage (i.e. motorcycles, cars or lawn mowers). If you have an indoor barbeque, do not use charcoal. When using chemicals that contain methylene chloride (a noxious colorless liquid used as a solvent, e.g. in paint strippers) make sure you use a mask.  Be sure to keep household appliances in good working order and use them safely. Make sure the servicing is carried out by fully qualified and registered professionals. Do not use gas ranges or ovens for heating. Do not block air vents in rooms. Make sure all rooms are well ventilated. Be especially careful if your home is very well insulated. Chimneys and flues should be swept thoroughly and regularly by a fully qualified chimney sweep. This should be done at least once a year, so mark your calendar, or schedule a reminder on your computer and smartphone. The carbon monoxide detector will protect you against any of your gas powered items if they do leak. Most carbon monoxide detectors give out a loud high-pitched sound when carbon monoxide gas levels have risen beyond a certain point. If this should happen, immediately get out of your home or office.  If the gas levels are high, JUST AN ELECTRIC SPARK could set off an explosion in your home.  For example, turning on a light switch in your home could cause an explosion. If you are in your home and smell gas, GET OUT OF YOUR HOME, call 911.  Should you smell natural gas outside your home, DO NOT ENTER YOUR HOME, call 911. Now, please purchase new smoke detectors and carbon monoxide detectors to make sure you and your family are prepared for a fire or a carbon monoxide leak.  Hopefully, you will not need these detectors, but you will be equipped in case you do.  They can save you and your family’s lives.

Again, we recognize and honor the life of Dr. Martin Luther King, Jr. for the changes brought to our great nation through his vision and the impact it had on the civil rights of so many human beings. This has become an extensive conversation around our home over the past couple years, particularly because our youngest child is African American. Martin Luther King, Jr.’s vision has raised many questions for our beautiful daughter. How do you explain to a child that once upon a time our communities treated others differently because of the color of their skin?  And how do you explain that some of these things still happen today? These are heart-wrenching conversations and ones we won’t ignore when we answer the questions from a 7-year-old who asks, “Why was there a brown water fountain and a white water fountain?” and “Why did brown kids have to go to different schools and why couldn’t they sit with the white children on the bus?”  Yes, she asks and yet she will answer you, too.  She will tell you God made us all.  HE chose our skin, our eyes, our hearts and our families.  She will tell you no one is different because of skin color.  She will tell you a bad person didn’t like what Martin Luther King, Jr. fought for and assassinated him. Shauney understands there are some very bad people in this world.  She understands bad people come in all colors just like the good people.  Perhaps most importantly, my daughter understands that we were all created equally by the same God.  Each of us were chosen to fulfill a purpose in this world.  She knows the color of her skin and the color of my skin makes absolutely no difference on who we are, or our status here on earth. It’s our souls that make us find our place in the life that really matters. My child, in her short life, has already experienced inappropriate questions and statements from other children that revolve around her skin color. You may think it’s the inquisitiveness of children or out of the mouths of babes.  I say it’s because those children are not being properly raised.  The parents should make a point to set an example of how people should be treated. If you are strictly a “white” family and don’t think these things impact you, think again.  The morals and values instilled upon children sets the foundation for the adults they will one day become. We all have different pigmentation in our skin and it makes no difference – ALL LIVES MATTER. So, I ask you—have you ever heard hatred is a great burden to bear? That hatred that is carried creates a heaviness of anger and pain that is projected daily.  How can you fulfill your purpose with that burden on your shoulders? Let go of the hatred.  Release any energy you have put into the evil thoughts or actions you may still engage in today—it’s not too late for change.  We are all children of the same God and when you leave the physical world, material belongings and physical attributes do not follow you there—it’s all about your soul and the life you have lived; the contributions you have made to making life here a better place. Thank you, Martin Luther King, Jr., for the sacrifices you made in fighting the good fight to set a better foundation for our children to build upon.

This year, I decided to go about a different type of New Year’s resolution than my typical ‘study more,’ ‘go to bed earlier,’ or ‘eat healthier,’ etc. Instead, I decided to begin writing in a journal instead of posting on my social media accounts. My ideology behind this resolution is that by doing this, I will only be writing for myself and not to impress an audience. I would be bettering myself by becoming more in touch with my own life rather than entertaining others with my life. As 2017 has only just begun, I have already found improvement in my personal life by doing this. First, I do not feel a pressure to inform others of what I am doing. Oftentimes in the past, I would feel the need to post an event or occurrence in my life for Facebook, Instagram, Twitter, etc. in order to give it relevance. Looking back, I realize how ridiculous that is. Secondly, I have been enjoying keeping my life private. Another perk of this resolution is that when I see my friends or family in person, I can verbally communicate what I would have before communicated in a post. Thirdly, it has provided me with a self-awareness I had not before possessed. Additionally, self-reflection is helpful in terms of personal relationships. I have found it truly pleasant not to engage with the charades of social media at this time. I highly recommend and encourage this unique resolution.

Begin 2017 by donating blood through Central Blood Bank from 10 a.m. to 2 p.m., Thursday, Jan. 12, at Spring Hill Suites at 908 National Road, Wheeling, W. Va., in the ground floor conference rooms (A, B and C). By donating your healthy blood, you can possibly save a life. If you have never donated blood before, an explanation of the Central Blood Bank’s donation process can be found below.  I am going to attempt to donate blood and I would like you to come on join me if you are available.  It really does not take long. Here is a review of what happens in preparation for you to be approved to donate blood: Step 1: Registration - You will be asked general information such as name and address.  In order to maintain accurate records, all donors are asked to present proper identification (e.g. driver’s license, personalized Central Blood Bank donor ID card or military ID card, birth certificate and a picture ID with full name, etc.). Step 2: Mini Physical – During the mini-physical, your temperature, pulse and blood pressure will be checked.  Your hemoglobin will be tested as well — which involves a small drop of blood drawn and tested to ensure the donor has enough iron-carrying red blood cells to safely donate blood. Step 3: Medical Interview – You will meet privately with a Central Blood Bank staff member to review your medical history.  This information is kept strictly confidential. Step 4: Pre-Donation Refreshments – before the donation, you may be asked to drink a glass or two of decaffeinated fluids to help hydration levels. Step 5: The Donation – In the donation area, a trained phlebotomist will sterilize the area of your arm before drawing the blood.  When donating whole blood, one unit (approximately one pint) is removed. An automated or apheresis donation means you are donating the individual component(s) – everything that you are not donating is returned to you.  For example, if you donate platelets, whole blood is withdrawn and spun in a sterile, self-contained centrifuge to separate the platelets; then your red blood cells, white blood cells and plasma are all returned to you through the same needle.  Apheresis and automated processes take longer than the whole blood donation process. All materials used during each donation are pre-packaged, sterile and disposable.  These materials are used only once and then discarded. Step 6: Refreshments and Relaxation – After the donation, you will be directed to the café/canteen area, where you will rest while enjoying light refreshments.  After 15 minutes, you will be permitted to leave that area and resume your daily routine. So, join me and help someone by donating your blood.  You can schedule an appointment by calling Rachel Bennett at 412-209-7241 and giving her the group code: C612. If you do not have time to schedule, you can walk in to donate. This particular donation time is to maintain a safe blood supply for Wheeling Hospital.

Got a New Year’s resolution? Most people I’ve talked to don’t want to make a resolution for fear of not being able to keep it.  I’ve decided to make it a “New Year’s plan” instead.  I heard a great sermon on New Year’s Day that I’ve added as a reminder to my New Year’s “plan.” The message reminded us of “…the mystery that has been kept hidden for ages and generations, but is now disclosed to the Lord’s people. To them, God has chosen to make known among the Gentiles the glorious riches of this mystery, which is Christ in you, the hope of glory.” - Colossians 1:26-27. Pretty amazing to think that the God of the universe, the Creator of all things, the Savior of the world, Emmanuel (translated “God with us”), wants to dwell in the hearts of His people.  My “plan” for 2017 -- “…love the Lord your God, listen to His voice, and hold fast to Him. For the Lord is your life.”  -Deuteronomy 30:20.  Do you have a “plan” for 2017?  I hope your faith is a part of your New Year.