Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, September 21, 2006

Interesting Story: "Allah's Trailblazer"

Sightings  9/21/06

Allah's Trailblazer
-- R. Jonathan Moore

Minnesota's fifth congressional district is about to make some history.

This past week, Keith Ellison defeated three challengers to receive the Democrat-Farmer-Labor Party's nomination for the U.S. House of Representatives.  Given the district's Democratic leanings, Ellison is virtually assured a spot in the 110th Congress.

Ellison will become the first African American to represent Minnesota in Washington.  That might be enough history for one district, which includes Minneapolis and some suburbs, and is around 70 percent white.  But in Ellison, Fifth District voters will also be sending to Congress the nation's very first Muslim representative.

During the primary campaign, the 43-year-old Ellison, a college convert to Islam, had to respond to charges of associating with Nation of Islam leader Louis Farrakhan.  While in law school, writing as "Keith Hakim," Ellison contributed school newspaper columns defending Farrakhan against charges of anti-Semitism and criticizing affirmative action as a "sneaky" substitute for reparations.  And in the mid-1990s, Ellison helped organize Minnesota's delegation to Farrakhan's Million Man March.

However, Ellison has denied ever belonging to the Nation of Islam, and he has directly renounced anti-Semitism in public and in letters to Jewish community organizations.  Though some Jewish leaders remain unconvinced, a Minneapolis Jewish newspaper endorsed him in the primary, and several high-profile Jewish Democrats have supported him publicly and financially.

So far, for most Democrats, what matters has not been Ellison's religion but his political similarity to former senator Paul Wellstone (who died in 2002).  Ellison has marked himself as a passionate progressive by calling for the withdrawal of troops from Iraq, for strong support of labor, and for universal health care.  The charismatic candidate even adopted Wellstone's familiar green for his campaign posters.

In winning the backing of longtime Wellstone advocates Sam and Sylvia Kaplan, the particularities of his faith mattered less than the commonality of their politics.  "What came through to us," said Sylvia, "was he believes in social justice and the common good, which is a Jewish tradition."

At a recent campaign stop, Ellison again addressed the religion issue.  "I'm a Muslim.  I'm proud to be a Muslim," he said.  "But I'm not running as a Muslim candidate."  Although he has not hesitated to greet the burgeoning Somali population in Minnesota with a heartfelt "Salaam Alaikum," he would rather talk about Iraq and health care than about religion.

Not surprisingly, Ellison's opponents don't plan to forgive his partial flirtation with black separatism.  Republican Alan Fine has signaled that he'll be painting his competitor with a broad brush in coming weeks.  "The voters of the Fifth District have a clear choice," he said recently.  They can vote Republican, or "they can choose to elect an extremist candidate who has associated himself with the likes of Louis Farrakhan, Khalid Abdul Muhammed [who once called Jews "the bloodsuckers of the black nation"], Kwame Ture [Black Panther leader Stokely Carmichael], Sharif Willis [former Vice Lords gang leader] and others."
The chairman of the state Republican Party, Ron Carey, has made a similar argument: "By supporting Louis Farrakhan ... Ellison has become a national embarrassment for his radical views."  And when terrorist leader Abu Musab al-Zarqawi was killed in Iraq, one blogger recommended that "condolences should be sent to Ellison HQ."

In spite of -- or perhaps because of -- his opponents' guilt-by-association strategy, Ellison will soon belong to the congressional class of 2006.  So it's worth asking, what difference might a Muslim representative make?

Ellison may serve as much more than a role model for American Muslims.  A spokesman for the Council on American-Islamic Relations has said that Ellison's election would "be a tremendous assertion of the fact that we're Americans and we're just as interested in public service as anyone else, and here's the proof -- we have somebody in Congress."  In other words, Ellison may not only show American Muslims who they can become; he might also show suspicious fellow citizens who their Muslim neighbors already are.

Ellison has tried to downplay the political significance of his faith.  "The focus on my religion doesn't bother me, but I feel that it's a distraction from what we need to be talking about," he says.  "My faith informs me.  My faith helps me to remember to be gentle, kind, considerate, fair, respectful.  But I don't make my faith something that other people have to deal with."

Other people, however, have made and will continue to make his faith something that he must deal with.  News of Ellison's primary victory was picked up by media outlets from as far away as Somalia and Qatar, and his American profile will only grow as November nears.  E Pluribus Unum?  Another test awaits.

[R. Jonathan Moore (a long-ago Sightings editor) is Visiting Scholar in the Department of Religious Studies at Grinnell College.]

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Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Wednesday, September 20, 2006

A puzzle: What do Republicans stand for?

Eduardo's Commonweal article and Rick's response got me thinking:  What do Republicans stand for?  Consider this:

Across the nation’s 36 races for governor, Republican candidates in states heavy with moderate or Democratic voters are playing up their liberal positions on issues including stem cell research, abortion and the environment, while remaining true to their party’s platform on taxes and streamlining government.

In Massachusetts, Lt. Gov. Kerry Healey, who is seeking to fill the seat that will be vacated by Gov. Mitt Romney, has openly split with Mr. Romney on abortion rights and stem cell research; her views are shared by the Republican candidate for governor in Illinois, Judy Baar Topinka, who also supports civil unions for same-sex couples.

In Maryland, the Republican incumbent, Robert L. Ehrlich Jr., is pushing for increasing state aid for programs for the disabled and imposing tighter restrictions on coal-fired plants; the Republican governor of Hawaii, Linda Lingle, opposes the death penalty. In Connecticut, Gov. M. Jodi Rell also parts ways with the Republican Party on civil unions and financing for stem cell research.

Governing Republican and campaigning Democratic is not a new technique; George E. Pataki, the New York governor, has made a career winning elections as a Republican in a mostly Democratic state. But political experts say that the strategy is particularly pervasive this year, as Republicans seek to distance themselves from an unpopular president and to respond to what is widely recognized as polarization fatigue among many voters.

“The conservative side of Republican party has been so dominant in recent years that we haven’t seen a lot of this phenomenon at work until this year,” said Bruce E. Cain, the director of the Institute of Governmental Studies at the University of California, Berkeley.

Now, Mr. Cain said, the easiest way for Republicans to “stay competitive is to take deviations from the standard G.O.P. lines.”...

In the Republican primary in Illinois, Ms. Baar Topinka, the state treasurer, was criticized by opponents for her support of same-sex unions. She nonetheless prevailed in that race.

To read the whole article in today's New York Times--

For Governors in G.O.P. Slots, a Liberal Turn

--click here.

Of course, the obvious next question:  What do Democrats stand for?

Cathy Kaveny on Prophecy and Casuistry, Abortion and Torture

I highly recommend this terrific essay by Cathy Kaveny, who, as many of you know, holds the John P. Murphy Foundation Professorship at Notre Dame Law School; she is also Professor of Theology at Notre Dame.  (Among her many other accomplishments:  She survived a semester as my student, at the University of Chicago Divinity School, where I was co-teaching a course with Robin Lovin.)  Cathy's essay was the basis for her Donald A. Giannella Memorial Lecture at Villanova Law School, on February 23, 2005.

M. Cathleen Kaveny, Prophecy and Casuistry:  Abortion, Torture and Moral Discourse, 51 Villanova Law Review 499-579 (2006)

Maggie Gallagher on Benedict and Islam

What Did the Pope Think He Was Doing?
Maggie Gallagher

Just what in the world did the pope think he was doing?                    

For a Catholic like me this last week has been deeply trying to the soul. Pope Benedict cannot apologize for defaming Islam, be*cause he didn't. But he did apologize for the distress of the Muslim faithful, and clarify that the words of the 14th-century Byzantine emperor (issued before the final Islamic conquest of Constantinople) suggesting Islam's innovations were "evil and inhuman" did not represent his opinion.       

Like many ordinary Catholics, I find this surprisingly galling. I have sudden new sympathy for Peter's position in the garden of Gethsemane: Jesus is surrounded by soldiers, and Peter naturally wants to do something about this to prove his courage and his faithfulness, in spite of the clearly overwhelming odds. So Peter pulls out his sword and chops off the nearest guy's ear.                    

"Put your sword back into your sheath," Jesus orders.

Harrumph. Pope Benedict -- a better Christian than me? Who would have thunk it?        

But if a mere speech is worth conducting a worldwide day of anger over (this Friday), passing parliamentary resolutions (Pakistan), making death threats (Great Britain), burning churches (Palestine), issuing supercilious and deeply offensive orders to the pope to apologize for Catholic theology (New York Times editorial board) and slaughtering a nun (Somalia), perhaps it is also worth actually reading and thinking about.

The New York Times in a news story this week (to give credit where it is due) tried to point out that the pope's point was not attacking Islam at all: "The speech was largely a scholarly address criticizing the West for submitting itself too much to reason."

Oh, dear. Wrong again. What Pope Benedict was trying to say was the exact opposite thought: that in restricting reason to "science" (or that which can be empirically verified through the scientific method), the West risks reducing the "radius of reason" in ways that are dangerous. Why? Because (among other things) we risk relegating almost all the great important questions about human beings to the realm of unreason:

"If science as a whole is this and this alone, then it is man himself who ends up being reduced, for the specifically human questions about our origin and destiny, the questions raised by religion and ethics, then have no place within the purview of collective reason as defined by 'science,' so understood, and must thus be relegated to the realm of the subjective."        

What are the consequences? Ethics and religion become "a completely personal matter," losing "their power to create a community" and ending the very possibility of dialogue between different cultures: "A reason which is deaf to the divine and which relegates religion into the realm of subcultures is incapable of entering into the dialogue of cultures." (Postmodernism suffers from the same deficit: If truth is impossible because reality is entirely subjective, what is the point in speaking to one another at all?)                    

The Byzantine Emperor Manual II (whom Benedict cited) argued: "Faith is born of the soul, not the body. Whoever would lead someone to faith needs the ability to speak well and to reason properly, without violence and threats."

At the heart of Christianity, drawn by John from the book of Genesis, lies the insistence that God is "logos," or creative reason capable of being communicated. One cannot "dehellenize" Christianity, says Pope Benedict, without doing violence to the faith. The meeting of Jerusalem and Athens was no historical accident: "... they are developments consonant with the nature of faith itself."

The alternative to a new synthesis of faith and reason, points out Benedict, is to remove reason from the most urgent questions human beings face, including this one: How do we live together in peace?

Readers may reach Maggie Gallagher at [email protected].)

Tuesday, September 19, 2006

Embryonic Stem Cell Research and "The Nonindividuation Argument Against Personhood"

Some MOJ-readers will be interested in this article by Louis M. Guenin, a member of the Department of Microbiology and Molecular Genetics, Harvard Medical School:  The Nonindividuation Argument Against Personhood, Philosophy, 81 (2006), 463-502.  Here is the abstract:

I consider the argument, thought to clinch the moral case for use of a human embryo solely as a means, that (i) only a human individual can be a person, (ii) because it can happen at any time before formation of the primitive streak that an embryo splits into monozygotic twins, no embryo in which the primitive streak has not formed is a human individual, and therefore (iii) no embryo in which the primitive streak has not formed is a person. I explore the following proffered arguments for (ii): (a) indivisibility is a necessary condition of individuality, (b) nonidentity of an embryo with successor twins impugns the embryo’s individuality, and (c) totipotency of an embryo’s constituents is inconsistent with the embryo’s being a human individual. These arguments are tested and found wanting; so too is an alternative to (a), the argument that indivisibility is intrinsic to personhood. Whereupon (ii) is unsustained. In search of ways to rehabilitate the nonindividuation argument, I canvass alternative metaphysical views and inquire further into biological individuality, but find that the argument cannot be saved. I conclude by analyzing where this leaves matters concerning the morality of embryo use.

In the article, Professor Guenin explains at length and with rigor why the argument at issue (NA) does not work.  "If you and I are human individuals, so too are early embryos."  (P. 501.)  This is a conclusion in which Robby George and many others will concur.

The final paragraph of Guenin's essay, however, will be less welcome:

If NA slays no dragons, neither does its defeat win the day for zygotic personhood.  Proponents of zygotic personhood must yet make their case.  They are apt to mention that we must show respect for the sacred divine gift of human life by refraining from killing any developmental stage of a human organism, that we should adopt zygotic personhood because we cannot identtify any plausible prenatal personhood-conferring event other than conception, and that because fertilization creates a new genome, fertilization creates a person.  Arrayed against zygotic personhood stand accounts that demand one or another cerebral attribute for personhood.  My own account contends that upon a woman's and coprogenitor's morally permissible exercise of the discretion to decline intrauterine transfer of an embryo lying outside them, the developmental potential of that embryo is so bounded that it cannot mature, and hence that neither does there correspond to that embryo a nomologically possible person into which the embryo is then capable of developing and that could be harmed, nor could anyone gain anything for any being by treating the embryo itself as a person rather than by using it in humanitarian research.  We are back to the debate that raged before twinnability entered.  Our NA excursion has resembled the journey of Wagner's audience, as whimsically depicted by Anna Russell, as of the moment in Gotterdammerung when the ring falls to the bottom of the Rhine--the place where it lay when the story began.  "You could have skipped the first three nights and be as far ahead as you are now without sitting through this ordeal--and at these prices!"  [Pp. 502-03.]
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Interesting Response from Dear Friend (and MOJ-Reader)

[Given some of the posts in the last twenty-four hours, I thought that this excerpt from an e-mail message I received this morning, from a dear friend and MOJ-reader, would be of interest to some other MOJ-readers:]

I have to say that -- to put this judiciously -- I don't really think that [Karen] Armstrong is a reputable source.  Of course, you're right that she's forgotten more about this than I'll even know ... but ... the bit I think I know just doesn't jibe with some things she says -- things that seem not only false, but hard to square with minimal acquaintance with relevant facts. (Some historians I trust much think she's got an ax to grind and that compromises her work.)

Here's a concrete case to think about.  She says, in the paper you quote, "Our Islamophobia dates back to the time of the Crusades."  And then there's this from the massively erudite historian of the Byzantine Empire, George Ostrogorsky, in whose magnum opus one finds: "At the same time, these great [10th century] conquests must be regarded as evidence of the powerful religious enthusiasm which inspired the Byzantines in their struggle against the infidel.  Nicephorus Phocas was entirely possessed by this enthusiasm. For him, the war with Islam was a kind of sacred mission.  He even claimed that those who fell in fighting the infidel should be declared martyrs. This claim expressed with curious intensity the Byzantine feeling that the war with the Muslims was a Holy War..."  (History of the Byzantine State, p. 288).  As Ostrogorsky makes clear elsewhere, the feeling of Holy War was more than reciprocated.

For a historian to claim that Christian Islamophobia began with the Crusadesis to forget the 400 years of history that preceded the Crusades -- lots of bad blood and mutual vilification between Christians and Muslims. And of course, it is also to forget the Christianophobia of the Muslims who were in a civilizational conflict with the Byzantines that whole time.  There's just a lot of bad blood.... 

[Post 9/11, ] it can't hurt for us to become a lot more familiar with the history of the conflict between our faiths -- to learn more about it than superficial stuff about the Crusades.  It's an ugly history, I've found.  On all sides. Pretty much without exception.
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Monday, September 18, 2006

Karen Armstrong, Con't

Mark, in his post this evening (here), calls Karen Armstrong's most recent book "a hopeless mish-mosh ..."  Maybe so.  But for another view, here's what the reviewer had to say last spring in the New York Times Book Review (here):

Moving back and forth from one culture to another, Ms. Armstrong, the author of "A History of God" and histories of Buddhism and Islam, provides a lucid, highly readable account of complex developments occurring over many centuries. For the general reader "The Great Transformation" is an ideal starting point for understanding how the crowded heaven of warring gods, worshiped in violent rites, lost its grip on the human imagination, which increasingly looked inward rather than upward for enlightenment and transcendence.

In his final paragraph, the reviewer writes that Armstrong's volume is "a splendid book".

Now, I didn't set out to defend Karen Armstrong.  I'm not competent to do that.  In any event, I'm not interested in Karen Armstrong.  I am interested in what she has to say in her comment on Benedict on Islam.   Just as I am interested in what many others have to say--Juan Cole, Robert Miller, Martin Marty, not to mention several MOJ-bloggers--about Benedict on Islam.  I don't think Mark is suggesting that we shouldn't be interested in what Karen Armstrong has to say--even if, after hearing it, we disagree with it, or think it incomplete.  After all, she has doubtless forgotten more about Islam--and about Christianity's relation to Islam--than most of us will ever know.  Her books include:  Muhammad:  A Biography of the Prophet (1993); Holy War:  The Crusades and Their Impact on Today's World (2001); Islam:  A Short History (2002).

Karen Armstrong on Benedict on Islam

Who, you ask, is Karen Armstrong.  The most popular--and the most accessible--of contemporary historians of religion.  And a former nun.  This is her most recent book.

Click here to read KA's undeniably provocative commentary on Benedict on Islam--and, more generally, on Christianity on Islam.

Maybe we Christians--including we RC Christians--should take a deep breath and, as we do so, reflect on some unpleasant facts about our own history--facts that helpfully contextualize some Muslims' response to Benedict.  KA's commentary reminds us of those unpleasant facts.
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Martin Marty on "The Pope and Islam"

Sightings  9/18/06

The Pope and Islam
-- Martin E. Marty

Pope Benedict XVI has had a free ride so far.  Back when there were still Protestant anti-Catholics, some would have found much fault with him, but most appreciated his encyclical on divine and human love, and said so.  Many Catholics and non-Catholics whose friends suffered under him as Cardinal Ratzinger now empathically choose to help the wounded nurse their bruises.  Some among the Catholic right even think he should be more of a hardliner.

For all those reasons, it is regrettable that in the midst of a well worked out (of course) formal speech at Regensburg, his old academic turf, the pope lapsed for a moment and did what we tenured folk sometimes do -- and remember, the pope has lifetime tenure: We come up with an allusion that gets us in trouble, let a side point take center stage, or fail to count the cost of a remark.  So it was that almost inexplicably the pope began his talk in Regensburg with inflaming words from an obscure fourteenth-century Byzantine emperor to show that jihad as holy war is bad.  That emperor through this pope said that what Muhammad brought to the world was "only evil and inhuman, such as his command to spread by the sword the faith he preached."  Like Christians often did?  The pope did not mention that.

His Holiness must have underestimated how useful such words would be to extreme fight-picking Muslim clerics and right-wing American talk show folk.  His people now stress that he did not intend to offend Muslims, but his plea for "genuine dialogue of cultures and religions so urgently needed today" will be set back and out-shouted by those clerics and rightists.  What sounds at least half appropriate in a history-and-theology classroom sounds different when spread to a billion Christians and a billion Muslims, as words such as these will be.  The only thing that will be remembered from the pope's new call for reason and dialogue is the unreasonable and monological citation that Muhammad contributed only "evil and inhuman" speech and action in human history.

I know I'll get hit for suggesting "equivalencies" here, though I am always clear in stating that there is no equivalency between today's radical and extreme Muslims and today's ordinary Christians.  But it must also be said that Christians, from the fourth to the eighteenth century, can match the Muslims one-for-one when it comes to having spread the faith with the sword.  Read the history of the Christianization of Europe and you have to go hunting for that minority of the faithful who spread the faith without the sword, merely by witness and works.

We live today not in the time of Christian Crusades and Inquisitions, but in a time when the pope is needed as a bridge-builder, a link-maker.  Having quoted claims seven centuries old that only "evil and inhuman" things were new in the program of the Prophet and in the name of Islam, it will be harder for the pope to have dialogue with the Muslims who do good and human things.  Some on the Muslim and American right seem to be craving a war of civilizations, a war about which we know only one thing: Both sides (or the many sides) would lose.

Rather than point to the "evil and inhuman" nature of Islam's, Judaism's, Christianity's, Hinduism's, Buddhism's, and other holy wars, the pope will serve better if he can still find dialogue partners in search of the good and human.  All is not lost.  Yet.

[Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.]
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Sunday, September 17, 2006

More on Benedict XVI and Islam

[This is from Joan Cole's blog, Informed Consent.  Cole is a professor of history at the University of Michigan.  Thought that MOJ-readers would be intrested.  To see all the comments on Cole's post, click here.]

Pope Gets it Wrong on Islam 

Pope Benedict's speech at Regensburg University, which mentioned Islam and jihad, has provoked a firestorm of controversy

The address is more complex and subtle than the press on it represents. But let me just signal that what is most troubling of all is that the Pope gets several things about Islam wrong, just as a matter of fact.

He notes that the text he discusses, a polemic against Islam by a Byzantine emperor, cites Qur'an 2:256: "There is no compulsion in religion." Benedict maintains that this is an early verse, when Muhammad was without power.

His allegation is incorrect. Surah 2 is a Medinan surah revealed when Muhammad was already established as the leader of the city of Yathrib (later known as Medina or "the city" of the Prophet). The pope imagines that a young Muhammad in Mecca before 622 (lacking power) permitted freedom of conscience, but later in life ordered that his religion be spread by the sword. But since Surah 2 is in fact from the Medina period when Muhammad was in power, that theory does not hold water.

In fact, the Qur'an at no point urges that religious faith be imposed on anyone by force. This is what it says about the religions:

' [2:62] Those who believe (in the Qur'an), and those who follow the Jewish (scriptures), and the Christians and the Sabians-- any who believe in God and the Last Day, and work righteousness, shall have their reward with their Lord; on them shall be no fear, nor shall they grieve. '

See my comments On the Quran and peace.

The idea of holy war or jihad (which is about defending the community or at most about establishing rule by Muslims, not about imposing the faith on individuals by force) is also not a Quranic doctrine. The doctrine was elaborated much later, on the Umayyad-Byzantine frontier, long after the Prophet's death. In fact, in early Islam it was hard to join, and Christians who asked to become Muslim were routinely turned away. The tyrannical governor of Iraq, al-Hajjaj, was notorious for this rejection of applicants, because he got higher taxes on non-Muslims. Arab Muslims had conquered Iraq, which was then largely pagan, Zoroastrian, Christian and Jewish. But they weren't seeking converts and certainly weren't imposing their religion.

The pope was trying to make the point that coercion of conscience is incompatible with genuine, reasoned faith. He used Islam as a symbol of the coercive demand for unreasoned faith.

But he has been misled by the medieval polemic on which he depended.

In fact, the Quran also urges reasoned faith and also forbids coercion in religion. The only violence urged in the Quran is in self-defense of the Muslim community against the attempts of the pagan Meccans to wipe it out.

The pope says that in Islam, God is so transcendant that he is beyond reason and therefore cannot be expected to act reasonably. He contrasts this conception of God with that of the Gospel of John, where God is the Logos, the Reason inherent in the universe.

But there have been many schools of Islamic theology and philosophy. The Mu'tazilite school maintained exactly what the Pope is saying, that God must act in accordance with reason and the good as humans know them. The Mu'tazilite approach is still popular in Zaidism and in Twelver Shiism of the Iraqi and Iranian sort. The Ash'ari school, in contrast, insisted that God was beyond human reason and therefore could not be judged rationally. (I think the Pope would find that Tertullian and perhaps also John Calvin would be more sympathetic to this view within Christianity than he is).

As for the Quran, it constantly appeals to reason in knowing God, and in refuting idolatry and paganism, and asks, "do you not reason?" "do you not understand?" (a fala ta`qilun?)

Of course, Christianity itself has a long history of imposing coerced faith on people, including on pagans in the late Roman Empire, who were forcibly converted. And then there were the episodes of the Crusades.

Another irony is that reasoned, scholastic Christianity has an important heritage drom Islam itself. In the 10th century, there was little scholasticism in Christian theology. The influence of Muslim thinkers such as Averroes (Ibn Rushd) and Avicenna (Ibn Sina) reemphasized the use of Aristotle and Plato in Christian theology. Indeed, there was a point where Christian theologians in Paris had divided into partisans of Averroes or of Avicenna, and they conducted vigorous polemics with one another.

Finally, that Byzantine emperor that the Pope quoted, Manuel II? The Byzantines had been weakened by Latin predations during the fourth Crusade, so it was in a way Rome that had sought coercion first.  And,  he ended his days as a vassal of the Ottoman Empire.

The Pope was wrong on the facts.  He should apologize to the Muslims and get better advisers on Christian-Muslim relations.        

posted by Juan @ 9/15/2006 06:24:00 AM