Court Orders New Hearings in Hymn Dispute

Court Orders New Hearings in Hymn Dispute

Court wants new hearings in dispute over ‘I’ll Fly Away’

Nashville Tennessean — August 15, 2013

Written by Brett Barrouquere —  Associated Press

A long-running family dispute over a popular gospel song won’t just fly away.

The U.S. 6th Circuit Court of Appeals on Thursday ordered more hearings in the fight over who owns the rights and royalties to Albert Brumley Sr.’s classic “I’ll Fly Away.”

Judge Boyce Martin wrote that a trial judge erred in excluding two articles quoting Brumley about where he worked when the song was written and ordered further proceedings in the case. Martin also concluded that U.S. District Judge Aleta Trauger properly allowed a recording of an interview between Brumley and one of his sons to be played at a 2011 trial.

“The evidentiary weight to be given to the challenged content in the articles should have been left to the discretion of the jury,” Martin wrote.

The dispute, which has been going on for five years, stems from a disagreement between Robert Brumley and two of his siblings and their children. The children filed a lawsuit against Robert Brumley, arguing that they should be able to get a share of the royalties from the song. They asked the court to terminate the copyrights to the song, which was being held by a company owned by Robert Brumley.

“I’ll Fly Away” was featured in the movie “Oh Brother, Where Art Thou” and is one of the most recorded gospel songs of all time. “I’ll Fly Away” has been recorded and performed by artists from many different types of music genres, including rapper Kanye West, Johnny Cash, blues and jazz singer Etta James, and Christian band Jars of Clay.

The song has generated about $1.4 million in royalties between 2004 and the third quarter of 2009, the last years referenced in court records.

Albert Brumley Sr. began writing the song in 1928 or 1929 while picking cotton on his parent’s Oklahoma farm. He copyrighted the song and renewed the copyright in 1960. In between, he sold the song to Hartford Music Company, then bought the copyrights of Hartford Music a few years later.

Brumley ultimately sold the publishing and exploitation rights to “I’ll Fly Away” along with his publishing company, Brumley & Sons, two of his children, William and Robert, for $100,000, in 1975. The elder Brumley died in 1977, leaving his wife Goldie and their six children as survivors.

Goldie Brumley became the sole inheritor of all his property, including any interest in any copyrights. She sold her interest in the music to Brumley & Sons for $1 in 1979. Seven years later, Robert Brumley bought out his brother for $240,000 and took sole possession of the musical inventory. Goldie Brumley died in 1988.

In April 2006, Brumley’s four other children sought to terminate the 1975 transfer of rights from their father to their brother. Robert Brumley objected, sparking the lawsuit between family members.

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Read more at http://www.tennessean.com/viewart/20130815/BUSINESS/308150097/Court-wants-new-hearings-dispute-over-ll-Fly-Away-

FlightPaths: The Tablecloth — by Dene Ward

FlightPaths: The Tablecloth — by Dene Ward

FlightPaths: The Tablecloth — Dene Ward — Posted 8-15-2013

http://flightpaths.weebly.com/2/post/2013/08/the-tablecloth.html

My grandmother crocheted a lace tablecloth for me many years ago.  She was quite a lady, my grandmother.  She was widowed in her forties, left behind with two of her five children still at home.  She met the bills by doing seasonal work in the citrus packing sheds of central Florida, standing on her feet 10-12 hours a day, 6 days a week in season, and then working in a drugstore, a job she walked to and from for nearly thirty years.  She delivered prescriptions, worked the check-out, even made sodas at the fountain.

It was a small town and once, a woman whom my grandmother knew was not
married, came in looking for some form of birth control. My grandmother told her, “No!  Go home and behave yourself like a decent woman should.”  No, she did not lose her job over that.  She merely said what every other person there wished they had the nerve to say back in those days.  She lived long enough to see the shame of our society that no one thinks it needs saying any more.

As to my tablecloth, most people would look at it and think it was imperfect.  She crocheted with what was labeled “ivory” thread, but she could never afford to buy enough at once to do the whole piece.  So after she cashed her paycheck, she went to the store and bought as much as her budget would allow that week and worked on it.  The next week, she went back and did the same, always buying the same brand labeled “ivory.”  Funny thing about those companies, though—when the lot changes, sometimes the color does too, sometimes only a little, but sometimes “ivory” becomes more of a vanilla or even crème caramel.  The intricately crocheted squares in my tablecloth are not all the same color, even though the thread company said they were.

Some people probably look at it and wonder what went wrong. All they see is mismatched colors. What I see is a grandmother’s love, a grandmother who had very little, but who wanted to do something special for her oldest grandchild.  I revel in those mismatched squares because I know my grandmother thought of me every week for a long time, spent the precious little she had to try to do something nice, and, as far as I am concerned, succeeded far beyond her wildest dreams.

If it were your grandmother, you would think the same I am sure.  So why is it we think Almighty God cannot take our imperfections and make us into great men and women of faith?  Why is it we beat ourselves to death when we make a mistake, even one we repent of and do our best to correct?  Do we not yet understand grace?  Are we so arrogant that we think we don’t have to forgive ourselves even though God does? Yes we should understand the enormity of our sin, repenting in godly sorrow, over and over, even as David did, but prolonged groveling in the pit of unworthiness can be more about self-pity and lacking faith in God to do what he promised than it is about humility.  The longer we indulge in it, the less we are doing for the Lord, and Satan is just as pleased as if we had gone on sinning. Either way helps him out.

The next time you look into a mirror and see only your faults, remember my tablecloth.  When you give God all you have, he can make you into something beautiful too.

And God is able to make all grace abound unto you, that you, always having all sufficiency in everything, may abound unto every good work,    2 Cor 9:8.  

Dene Ward

Read more at:  http://flightpaths.weebly.com/2/post/2013/08/the-tablecloth.html

40 Maps That Will Help You Make Sense of the World

40 Maps That Will Help You Make Sense of the World

From Twisted Sifter – August 13, 2013

Read more at http://twistedsifter.com/2013/08/maps-that-will-help-you-make-sense-of-the-world/

If you’re a visual learner like myself, then you know maps, charts and infographics can really help bring data and information to life. Maps can make a point resonate with readers and this collection aims to do just that.

Hopefully some of these maps will surprise you and you’ll learn something new. A few are important to know, some interpret and display data in a beautiful or creative way, and a few may even make you chuckle or shake your head.

If you enjoy this collection of maps, the Sifter highly recommends the r/MapPorn sub reddit. You should also check outChartsBin.com. There were also fantastic posts on Business Insider and Bored Panda earlier this year that are worth checking out. Enjoy!

1. Where Google Street View is Available

map-of-the-world-where-google-street-view-is-available

Map by Google

2. Countries That Do Not Use the Metric System

map-of-countires-that-use-metric-system-vs-imperial

3. The Only 22 Countries in the World Britain Has Not Invaded (not shown: Sao Tome and Principe)

the-only-countries-britain-has-not-invaded

4. Map of ‘Pangea’ with Current International Borders

map-of-pangea-with-current-internatoinal-borders

Map by eatrio.net via Reddit

Pangea was a supercontinent that existed during the late Paleozoic and early Mesozoic eras, forming about 300 million years ago. It began to break apart around 200 million years ago. The single global ocean which surrounded Pangaea is accordingly named Panthalassa.

5. McDonald’s Across the World

map-of-countries-with-mcdonalds

6. Paid Maternal Leave Around the World

paid-maternal-leave-by-country

7. The Most Common Surnames in Europe by Country

map-of-most-common-surnames-in-europe

8. Worldwide Driving Orientation by Country

Worldwide_Driving_Orientation_by_Country-(1)

9. Map of Time Zones in Antarctica

Map-of-time-zones-in-Anarctica

10. Global Internet Usage Based on Time of Day

internet-usage-of-the-world-based-on-time-of-day_2

Map by Carna Botnet via Reddit

 

What IS “Intelligent Design,” Really?

What IS “Intelligent Design,” Really?

Straw Men Aside, What Is the Theory of Intelligent Design, Really?

Casey Luskin August 10, 2013 6:33 AM

– See more at: http://www.evolutionnews.org/2013/08/what_is_the_the075281.html#sthash.VWT5PwWb.dpuf

DebatingDD.jpegFirst, let’s discuss what the theory of intelligent design is not.

Part A: What Intelligent Design Is Not

Many critics of intelligent design have promoted false, straw-man versions of ID, typically going something like this:

Intelligent design claims that life is so complex, it could not have evolved, therefore it was designed by a supernatural intelligence.

Of those many ID critics who have promoted this false definition, some know it is a falsehood: I call them “Type I” critics. Others, whom I call “Type II” critics, actually believe the false version to be true but only because they have been misled by Type I critics. Of course it’s not always easy to distinguish the two groups. In the Kitzmiller v. Dover ruling, for example, Judge Jones adopted the plaintiff’s false version of intelligent design — making him, according to my paradigm, a Type II critic, even though ID had been explained to him repeatedly in the courtroom what ID really is. Since Judge Jones knew how ID proponents define their theory, but nonetheless mischaracterized it, does this make him a Type I critic instead? Who can really know?

In any case, there are two main components of this definition, both false:

1. ID is NOT merely a negative argument against evolution

The first problem with the critics’ definition is that it frames ID as merely a negative argument against evolution. In fact, ID offers a strong positive argument, based on finding in nature the type of information and complexity that, in our experience, comes from intelligence alone. I will explain this positive argument further in Part B of this article. Those who claim ID is nothing more than a negative argument against evolution are misrepresenting ID.

2. ID is NOT a theory about the designer or the supernatural

The second problem with the critics’ definition of ID is that it suggests the theory is focused on studying the designer. The claim is that it specifically invokes supernatural forces or a deity. But ID is not focused on studying the actual intelligent cause responsible for life, but rather studies natural objects to determine whether they bear an informational signature indicating an intelligent cause. All ID does is infer an intelligent cause behind the origins of life and of the cosmos. It does not seek to determine the nature or identity of that cause. As William Dembski explains:

Intelligent design is the science that studies signs of intelligence. Note that a sign is not the thing signified. … As a scientific research program, intelligent design investigates the effects of intelligence, not intelligence as such.1

Similarly, Michael Behe explains that we can detect design even if we don’t know anything about the identity or nature of the designer:

The conclusion that something was designed can be made quite independently of knowledge of the designer. As a matter of procedure, the design must first be apprehended before there can be any further question about the designer. The inference to design can be held with all the firmness that is possible in this world, without knowing anything about the designer.2

Behe even suggests that “[i]ntelligent design does not require a candidate for the role of the designer.”3

ID limits its claims to what can be learned from empirical data, meaning that it does not try to address questions about the identity or nature of the designer. While the empirical data allow us to study natural objects and determine whether they arose from an intelligent cause, such data simply may not allow us to determine the identity or nature of the intelligent cause.

– See more at: http://www.evolutionnews.org/2013/08/what_is_the_the075281.html#sthash.VWT5PwWb.dpuf

Footnote 22 — Michael S. Horton, A Place For Weakness

Footnote 22 — Michael S. Horton, A Place For Weakness: Preparing Yourself For Suffering (Grand Rapids, MI: Zondervan, 2006); digital edition; p. 23 of 194 – Location 163/172 of 2557.

“For at least a century and a half, American evangelism has spent great effort and money on public relations campaigns for Christianity …Famous athletes, politicians, entertainers, and other icons of popular culture are regularly trotted out as icons of grace.  Have you ever seen a janitor interviewed for his testimony?  … Would Paul have made a very good spokesman for “muscular Christianity” or for the other images of success so widely praised among us?

“We seem obsessed at times with convincing the world that we are cool, which especially in this culture means healthy, good-looking, prosperous, and even better, famous.  Not only can one remain cool in Christ; it is this personal relationship with Jesus Christ that, far from calling us to die, gives us that little bit extra to ‘be all we can be.’  [This worldview suggests that]  …Jesus came to recruit a team of all-stars and coach them to the Super Bowl of Better Living.”

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And Jesus answered them,“Those who are well have no need of a physician, but those who are sick. 32 I have not come to call the righteous but sinners to repentance.”  —  Luke 5:31-32, ESV

But he said to me, “My grace is sufficient for you, for my power is made perfect in weakness.”Therefore I will boast all the more gladly of my weaknesses, so that the power of Christ may rest upon me. 10 For the sake of Christ, then, I am content with weaknesses, insults, hardships, persecutions, and calamities. For when I am weak, then I am strong.  —  2 Corinthians 12:9-10, ESV

“For the word of the cross is folly to those who are perishing, but to us who are being saved it is the power of God. 19 For it is written,

‘I will destroy the wisdom of the wise,
and the discernment of the discerning I will thwart.’

20 Where is the one who is wise? Where is the scribe? Where is the debater of this age? Has not God made foolish the wisdom of the world?  21 For since, in the wisdom of God, the world did not know God through wisdom, it pleased God through the folly of what we preach to save those who believe. 22 For Jews demand signs and Greeks seek wisdom, 23 but we preach Christ crucified, a stumbling block to Jews and folly to Gentiles, 24 but to those who are called, both Jews and Greeks, Christ the power of God and the wisdom of God. 25 For the foolishness of God is wiser than men, and the weakness of God is stronger than men.

26 For consider your calling, brothers: not many of you were wise according to worldly standards, not many were powerful, not many were of noble birth. 27 But God chose what is foolish in the world to shame the wise; God chose what is weak in the world to shame the strong; 28 God chose what is low and despised in the world, even things that are not, to bring to nothing things that are, 29 so that no human being might boast in the presence of God.  30 And because of him[e] you are in Christ Jesus, who became to us wisdom from God, righteousness and sanctification and redemption, 31 so that, as it is written, “Let the one who boasts, boast in the Lord.”  —  1 Corinthians 1:18-31, ESV

This Week in the Civil War: Aug 12-18, 1863

WalterCoffey's avatarCivil War History

Wednesday, August 12.  On the South Carolina coast, Federal cannon began firing on Confederate positions at Fort Sumter and Battery Wagner in Charleston Harbor. This was an effort to test the range of the heavy Parrott rifles, but it began a new Federal offensive against the harbor. Fort Sumter was severely damaged by the batteries.

President Abraham Lincoln refused to grant an army command to General John McClernand, who had been relieved as corps commander by General Ulysses S. Grant for insubordination. A Federal expedition began from Memphis, Tennessee to Grenada, Mississippi. Skirmishing occurred in Mississippi.

Thursday, August 13.  A Confederate army chaplain wrote to President Jefferson Davis “that every disaster that has befallen us in the West has grown out of the fact that weak and inefficient men have been kept in power… I beseech of you to relieve us of these drones and pigmies.” The recent Confederate defeats…

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Memories From Another Life: Hot Brown

Memories From Another Life: Hot Brown

Lexington Road Trip: Lunch at Ramsey’s Diner

From Alan Cornett’s Pinstripe Pulpit — Posted on August 9, 2013
Read more at  http://pinstripepulpit.com/lexington-road-trip-lunch-at-ramseys-diner/

Ramsey's doorThe great thing about going to Lexington is that my two favorite places are just around the corner and across the street from each other. When one is famished from browsing at Black Swan Booksyou will find that Ramsey’s Diner is only a quick walk away.

Ramsey’s Diner opened around the same time I started at the University of Kentucky, although I didn’t eat there until a fellow editor at the student daily The Kentucky Kernel took me there for lunch during my senior year. I’ve been devoted to Ramsey’s ever since. They’ve blossomed into a local Lexington chain while maintaining their quality. I’ve eaten at most of their locations across town, but for my now rare trips to Lexington I prefer the original.

Ramsey’s menu is anchored by a meat and three menu, and I’m a particular fan of their chicken fried steak. But the vegetables are the real stars here. Ramsey’s does an excellent job of sourcing locally grown fresh vegetables. When I was there it was their annual “Corn Daze” when corn is in season and featured in all its culinary forms.

Living in an agricultural region of the South, it’s frustrating that more restaurants won’t do this. The food is far fresher, the taste better, the local economy stronger. It shows respect for the customers they serve and the community they profit from. Ramsey’s has it right.

These days I get to Ramsey’s so seldomly, maybe twice a year, I can’t resist ordering my favorite thing on the menu: the Hot Brown. The Hot Brown is a Kentucky tradition, and hard to find outside the Commonwealth. It also happens to be the world’s most perfect food, a combination of bread, ham, turkey, mornay sauce, cheese and bacon.

A HYMN FOR TODAY – Praise, My Soul, the King of Heaven

A HYMN FOR TODAY

Praise, my soul, the King of heaven;
To His feet thy tribute bring.
Ransomed, healed, restored, forgiven,
Evermore His praises sing:
Alleluia! Alleluia!
Praise the everlasting King.

Praise Him for His grace and favor
To our fathers in distress.
Praise Him still the same as ever,
Slow to chide, and swift to bless.
Alleluia! Alleluia!
Glorious in His faithfulness.

Fatherlike He tends and spares us;
Well our feeble frame He knows.
In His hands He gently bears us,
Rescues us from all our foes.
Alleluia! Alleluia!
Widely yet His mercy flows.

Angels, help us to adore Him,
As you see Him face to face;
Sun and moon, bow down before Him,
All who dwell in time and space.
Alleluia! Alleluia!
Praise with us the God of grace.

8.7.8.7 – Henry F. Lyte, 1834
From Psalm 103:1-8, 13-14, 20-22

Tune: REGENT SQUARE – Henry T. Smart, 1867 alt.

#43 in Psalms, Hymns, and Spiritual Songs, 2012

A sunrise few have seen

Ferrell Jenkins's avatarFerrell's Travel Blog

Trent and Rebekah are “vagabonding” for forty days in Israel between the close of the Ashkelon excavation and the opening of their fall semester at Jerusalem University College (also known as the American Institute of Holy Land Studies). Last Thursday morning they were at Masada for the sunrise. I didn’t ask if they spent the night there.

This view from Masada to the east at sunrise is one I have not seen. They graciously allowed me to post it here.

There is more to this photo than just the beauty of it. In their photo you see the Lisan (or Tongue) that extends from the east into the Dead Sea. You may also see the canal through which water is pumped to the southern end of the Sea.

The photo below was made near mid-day from Masada.

The same photo below has been enhanced further in Photoshop to reveal the…

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Show and Tell: A Mini-Exhibit in Stone-Campbell Hymnody…reblogged from ACU Special Collections

mac's avatareScriptorium

We had a special treat a few days ago when several participants in the TX Singing School visited Special Collections for a tour.  In response to their request, I pulled several hymnals and related artifacts for a brief show and tell.  We thought you’d like to see the pictures.

Elias Smith, A Collection of Hymns, for the Use of Christians. Boston: Manning and Loring [1804].

Elias Smith, A Collection of Hymns, 1804

more at ACU Special Collections blog here.

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