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Apple, Google, Intel under fire for hiring policy collusion
At a hearing in San Jose, California federal court on Thursday, US. District Judge Lucy Koh ordered Apple CEO Tim Cook to be deposed by plaintiff attorneys <a href="http://macnn.com/rd/277535==http://www.electronista.com/articles/12/01/20/doj.shows.no.hiring.conspiracy.but.small.deals/" rel='nofollow'>in a case</a> alleging an agreement between Silicon Valley tech giants to not poach each other's employees. The judge believes that internal emails prove that the companies felt the agreement would provide financial benefits to each other, despite the accord being in violation of Federal law.<br />
Judge Koh's hearing was intended to decide if the lawsuit will proceed as a class action, which gives the five former employees who filed the suit a better position to obtain a large settlement from the companies. The judge feels that, at the time the no-poaching arrangement was negotiated, the executives of the companies believed that a collective hiring approach was more efficient than one-on-one dealings with employees. The judge did not rule on the hearing topics today.
Plaintiff attorneys have estimated damages in the suit could run into the hundreds of millions of dollars. Adobe attorney Robert Mittelstaedt, as part of the defense team, claimed that the plaintiffs had no evidence that the employees were actually impacted, financially or otherwise, by the deals between the companies' CEOs.
Such deals risk stifling competition by preventing a natural flow of talent, as well as potentially hurting the employees themselves, as it makes it harder for engineers to discover their true worth to employers. As options for changed employment drop, workers are potentially denied pay increases, bonuses, and other incentives either for joining another company or as retention methods. On the other hand, no-poaching agreements can shield workers from being constantly recruited by competitors, and avoids conflict-of-interest situations where confidential company data may be compromised. The ad hoc deals have since mostly, if not entirely, stopped.
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Copyright ©2000 - 2013, vBulletin Solutions, Inc. | <urn:uuid:576ae770-1d23-432e-b0e9-4f4ddc947976> | CC-MAIN-2013-20 | http://forums.macnn.com/tech-news-113/497305/apple-google-intel-under-fire-hiring/print/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696381249/warc/CC-MAIN-20130516092621-00008-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.953919 | 496 | 1.546875 | 2 |
Prime Minister of Canada Stephen Harper spoke with Jane Harman, Director, President, & CEO of The Wilson Center, Monday afternoon.
The discussion covered US-Canada relations, the largest trading partnership in the world, and focused on economics, border security, energy and the environment.
Afterwards, Prime Minister Harper answered questions from the audience.
The event follows Prime Minister Harper's meeting with President Obama and President of Mexico Felipe Calderon earlier in the day, in which the leaders will likely discuss economic growth and competitiveness, security, energy and climate change. They will also focus on North America's role in the Sixth Summit of the Americas in Cartagena, Colombia on April 14 and 15.
The Summit of the Americas meetings gather heads of state and government in the Western Hemisphere gather to discuss policy issues and shared challenges. | <urn:uuid:5b5e0d6a-4d8b-4278-8584-0f5ff1d9e445> | CC-MAIN-2013-20 | http://www.c-span.org/Events/Canadian-Prime-Minister-Talks-with-Wilson-Center-CEO/10737429525/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368697380733/warc/CC-MAIN-20130516094300-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.934877 | 167 | 1.679688 | 2 |
The striking picture by Steve Young, from St Mary's on the Isles of Scilly, scooped the £5,000 prize from among thousands of shots taken by photographers across the UK.
The award for Young British Wildlife Photographer was won by 14-year-old Adam Hawtin, from Packwood, Solihull, for his stunning picture of a blue leaf-beetle.
Winners of other categories in the competition included shots of coots sparring, Canada geese and mallards wandering through the snow, mountain hares, a black and white portrait of frogs and a shot of dragonflies in dew.
A category introduced to mark this year's International Year of Biodiversity was won by Geoff Simpson, from High Peak, Derbyshire, for his shot of a male sand lizard - the rarest lizard in the UK.
And a special award for a portfolio of pictures was won by Terry Whittaker, from Folkestone, for his photographs documenting a water-vole reintroduction scheme by the Wildwood Trust, Kent.
Competition judge Greg Armfield, from WWF, described the winning picture of the herring gull as "a unique and striking image, one that captures perfectly the power, chaos and intensity of the ocean as it surrounds the majestic gull".
Fellow judge Tom Hind, from Getty Images, said: "I like the defiance in this shot - the gull's refusal to be moved in the face of this crashing wave seems to sum up a peculiarly British stoicism.
"It's also a great example of how the commonplace can be transformed in a judicious moment."
Poul Christensen, chairman of Natural England, which supported the category marking the International Year of Biodiversity, said the winning images were a great showcase for the wildlife wonders which exist in the UK.
"I'd like to congratulate all of the entrants for the exceptionally high quality of their images - extraordinary pictures of our rarest animals sit alongside uniquely beautiful shots of the wildlife on our doorstep.
"In this, the International Year of Biodiversity, we should take stock of what a precious resource our natural environment provides and remind ourselves just how much it enriches our lives."
This year a coffee table book of the awards - which were founded in 2009 - is being produced, while a nationwide year-long touring exhibition of the top pictures launches at the Hooper's Gallery, Clerkenwell, London, on October 14.
:: For more information about the British Wildlife Photography Awards, including the opening dates for next year's competition, visit | <urn:uuid:920ed6a3-af9d-45f9-ae36-a7b135ca9b69> | CC-MAIN-2013-20 | http://www.belfasttelegraph.co.uk/news/environment/wildlife-picture-awards-gull-wings-it-to-victory-28563472.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368706499548/warc/CC-MAIN-20130516121459-00002-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.954228 | 526 | 1.648438 | 2 |
Created on Saturday, 08 December 2012 07:16
Written by REUTERS
Egypt central bank
Egypt’s central bank kept interest rates on hold on Thursday, saying inflation could tick higher and warned that political turmoil could hurt the economy, after fierce overnight clashes killed seven people.
Economic growth remained feeble and could take a further knock, the bank noted in a statement issued on its website after two days of violence over President Mohammed Mursi’s decision to expand his powers and push through a constitution opposed by liberals.
Egyptian officials said seven people had been killed overnight and 350 wounded in the violence.
The bank’s Monetary Policy Committee (MPC) left its key overnight lending rate steady at 10.25 percent and the overnight deposit rate at 9.25 percent after its regular meeting.
“Given the balance of risks surrounding the inflation and gross domestic product outlooks and the uncertainty at this juncture, the MPC judges that the current key Central Bank of Egypt rates are appropriate,” the bank said in its statement.
The committee noted that consumer prices rose 6.7 percent in the year to October, after a 6.2 percent increase in September, blaming this on a rise in the price of cooking gas cylinders, due to bottlenecks in distribution, and on an increase in school tuition fees.
Sporadic increases in food prices also contributed.
It said a further rise in international food prices seemed less likely but the “re-emergence of local supply bottlenecks and distortions in the distribution channels pose upside risks to the inflation outlook”.
It said Egypt’s growth was still feeble in the July to September quarter. A “nascent” economic recovery was based on a more buoyant construction industry, the bank said, but noted continuing weakness in manufacturing and tourism.
“Looking ahead, the current political transformation may continue to have ramifications on both consumption as well as investment decisions, adversely weighing on key sectors within the economy,” the bank said.
Egypt has endured two years of turmoil on its streets and bickering between politicians as it seeks to build a new, democratic nation after Hosni Mubarak’s 30-year autocratic rule was brought to an end in February 2011 in a popular revolt.
“The MPC will continue to closely monitor all economic developments and will not hesitate to adjust the key Central Bank of Egypt rates to ensure price stability over the medium-term,” the bank said. | <urn:uuid:d948c4ab-73e5-46c2-a324-b8fe95e02c64> | CC-MAIN-2013-20 | http://www.voiceofthecopts.org/index.php/categories/news/9381-egypt-central-bank-holds-rates-with-eye-on-price-political-risks | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368706499548/warc/CC-MAIN-20130516121459-00015-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.965868 | 514 | 1.625 | 2 |
Mega Repeat: Search Engine Mimics Dotcom's MegaUpload
Crowdsourced MegaSearch site indexes all files on Mega, allowing users to share uploaded, encrypted content.
In other words, thanks to an apparent crowdsourcing twist, the combination of Mega and Mega-Search.me enables people upload, share, or retrieve any file -- just as they did with the disgraced Megaupload. "Already more than 2000 links," claimed a tweet from Mega-Search last week.
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Although files uploaded to Mega are encrypted, the decryption key is included in the link to the file that's generated for users. Thus any file URL that's publicly disclosed can be used by anyone else to download and decrypt the stored file. A file-sharing feature is notably absent in the official Mega site, which offers 50GB of cloud storage for free, as well as premium accounts offering more.
[ Read more about the new Mega site: 'Mega' Insecure: Kim Dotcom Defends Rebooted Megaupload Security. ]
Mega launched at 6:48 a.m. New Zealand time on Jan. 20, 2013 -- the precise anniversary of New Zealand police and FBI agents' raid last year of Megaupload founder Kim Dotcom's home and shutdown of all Megaupload servers in the United States.
The Department of Justice have accused Dotcom and three other key company officials of using Megaupload to illegally generate $175 million in profits, while causing $500 million in damage to copyright holders, by condoning and supporting illegal file sharing, in part by ignoring numerous takedown requests. Prosecutors are continuing to seek the four men's extradition from New Zealand to the United States to stand trial. All four men have said they're innocent, and fought the extradition request.
The launch of Mega was meant to signal Dotcom's "cloud storage" second coming, and this time on a more clear legal footing. Indeed, given the FBI's takedown of his previous site, this one appeared to be designed by the company's lawyers to protect the executives from any accusations that they were promoting the illegal sharing of files. Instead, the new service has been pitched as a competitor to Dropbox, Google Drive, and Microsoft SkyDrive, but with added security features. In particular, Mega promised to encrypt all files.
The service also stipulated that only a user who uploaded a file would be allowed to download it. As Mega's terms of service state: "If you allow others to access your data (e.g. by, amongst other things, giving them a link to, and a key to decrypt, that data) ... you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms."
Last week, Mega -- and Megaupload -- attorney Ira P. Rothken said that in Mega's first 11 days, it had already responded to 150 takedown requests, comprising 250 files, reported Computerworld. Those takedown requests had come from the United States, among other countries. "Mega doesn't want folks to use its cloud storage services for infringing purposes," Rothken said.
Mega-Search.me would seem to make short work of any restrictions on file sharing. But who runs the service? That's not clear. The site uses the top-level domain for Republic of Montenegro (.me), and was registered about 24 hours after the launch of Mega, but the domain's administrator has been hidden using a domain privacy service based in Denver, Colo., which lists an email at that service as a contact point for the site. The site's owner didn't immediately respond to an email asking if the site was funded or supported in any way by Mega.
Posts made by the site's owner -- or owners -- to Twitter and Facebook this week, however, suggest that Mega-Search.me is an independent venture, and faltering. Notably, the Facebook page for Mega-Search.me reported Thursday morning that "MEGA just deleted all our links without checking their contents." The search engine's administrator posted that he suspected that Mega had begun using a tool to automatically identify all links submitted to the search engine, and then delete the related files from the Mega site.
Another post suggested a possible next step for the search engine. "We are searching for some help with the mega API [written in] PHP. In particular, the decryption part," read one Facebook post (translated from French). In other words, instead of the search engine relying on users to submit files they've submitted to Mega, the site could forcibly index every file on Mega itself.
Needed: One PHP coder with a bent for file sharing.
InformationWeek is surveying IT executives on global IT strategies. Upon completion of our survey, you will be eligible to enter a drawing to receive an Apple 32-GB iPad mini. Take our 2013 Global CIO Survey now. Survey ends Feb. 8. | <urn:uuid:41e8e0b3-e4f0-400e-9b8e-f47fbb62f69e> | CC-MAIN-2013-20 | http://www.informationweek.com/security/privacy/mega-repeat-search-engine-mimics-dotcoms/240147557?cid=SBX_iwk_related_news_Mobility_development | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696382584/warc/CC-MAIN-20130516092622-00016-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.952943 | 1,064 | 1.585938 | 2 |
As one of the signature elements of the park, we put much effort into keeping the lawn green all season long. It's a lot of work to maintain the lawn, while it remains open and in use for the multitude of park events like Broadway, yoga, and juggling - each of which causes wear and tear to the green jewel of midtown.
This work is complicated by the fact that we have a new lawn each year. The fresh sod laid every Spring always brings its own set of quirks and inconsistencies. This means that our staff must "relearn" the lawn each year, in order to keep it looking fresh. We take a lot of pride in our efforts to use the lawn as much as possible, while also preserving its lush green color. Did you know that we take an aerial photograph of the lawn every morning, so that we can track our progress? All this work pays off, when you take a look back at lawn highlights since 2002, and realize that we're doing something right!
July 19, 2002
Brown spots all around. Load-in for an event is probably underway in the southeast corner.
Though you can spot a few brown patches, the lawn doesn't look so bad this year.
Only one dry spot to be found! Digital camera quality also seems to be improving.
July 20, 2011
With the improvements to the irrigation system, we see a healthier, greener lawn. | <urn:uuid:8a04c157-1ff7-4de1-866b-923915e8bbcd> | CC-MAIN-2013-20 | http://blog.bryantpark.org/2011/08/lawn-maintenance-through-years.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368699881956/warc/CC-MAIN-20130516102441-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.972982 | 288 | 1.515625 | 2 |
Like most of you who called, I like the idea of a constitutional convention for California -- emphasis ''idea.'' The usual devil -- or many of them -- will reside in the details. But for starters, it really would show who's serious if the delegates had to dress as they would have at California's original constitutional convention more than 150 years ago. And no AC, no pizza delivery -- just the work.
The hurdles to organizing such a convention are enormous. Let's take representation: would Modoc County have as many seats at the table as LA County? And do we let in those nasty special interests? Especially when one voter's ''special interest'' is another voter's ''voice.''
But the problems that need solving are even vaster. Does it really make sense that the biggest and most complex state in the country is the only one to require both a 2/3 legislative vote to pass a budget, and a 2/3 vote to levy a tax? That initiatives passed on a simple majority can amend the constitution -- that's why we have about 500 amendments, some of them contradictory -- but you have to move heaven, earth and the ballot box to un-amend the constitution?
I'd be tempted tothrow out the whole thing up and start again, making it more like the U.S. Constitution, which is so hard to amend that there are fewer than 30 amendments. Instead, it's a flexible and fluid document that leaves it to the courts to clarify the Constitution and the laws that Congress passes.
What California could accomplish, though, is a constitutional convention that amends and mends the institutions of governance to make sure they can ... govern, that is.
Julius Shulman died at 98. He was the seminal LA architectural photographer whose eye created, captured and defined a Southern California esthetic. His work hangs in the Getty, and it's practically the reason that coffee table books exist.
I interviewed him about a year and a half ago, which was a few months after I saw him at an exhibition here in LA of the work of French photographer Francois Marie Banier. Julius was in a wheelchair but his spirit was still running a four-minute mile. Several years before, I joined him and some of his friends for dinner at the restaurant atop the old Transamerica building downtown. He was the life and soul of the table, telling stories and jokes and twinkling like the supernova he was.
-- Patt Morrison | <urn:uuid:9faee2af-0e23-44e8-94b6-a771d8ae0071> | CC-MAIN-2013-20 | http://www.scpr.org/blogs/patt-morrison/2009/07/17/120/lets-get-conventional-california-yese-we-can/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698924319/warc/CC-MAIN-20130516100844-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.9731 | 501 | 1.59375 | 2 |
I'm sure you know that the University of Portland is just a couple neighborhoods over form Kenton. Since it is so close, we take advantage of the events they have that are open to the public -- theater, sporting events, Halloween in the dorms, etc. Being on a college campus reminds me of my college years when I had time and energy and idealism to invest in a cause (I still try but it's on a quieter scale these days).
I just heard from Oregon Public Broadcasting about a public event at University of Portland where you can shake out your ideals. On Thursday, January 31, for a live one-hour OPB radio broadcast, the university will host "Focus the Nation, a 'Green Democracy' forum about finding solutions to the global warming threat. Students from nine universities and colleges across Oregon will pose questions and follow-ups to Congressman Earl Blumenauer, Governor Ted Kulongoski, State House Representative Jackie Dingfelder and State Senate Representative Ben Westlund."
According to OPB, there'll be guest speakers, crowd participation, "global warming haiku," music, and climate-change-themed comedy with Live Wire! Hillstomp will open the evening and the band Stars of Track and Field will conclude the event.
The event is free and open to the public, but seating is limited. Register and print out a ticket (scrap/recycled paper is encouraged by the hosts) for admission. The first 700 college students with tickets (and student IDs) get to sit on the main floor. The event begins at 5:00pm and the live broadcast will be 6:00 - 7:00. If you can't be there, tune in! | <urn:uuid:099175f5-476d-46fa-a6b0-427f1f2280d1> | CC-MAIN-2013-20 | http://blog.oregonlive.com/kenton/2008/01/going_green_at_up.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704132298/warc/CC-MAIN-20130516113532-00003-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.948369 | 347 | 1.609375 | 2 |
About the Work
Is Cuba part of an "Other" that is unfamiliar to us or is it more like us than we know? Can we understand some of its icons – including cars from the 1950's and faded, but elegant, architectural gems - as a reflection of its history and unique priorities? Are the people in the street threatening to us or our neighbors? What does our estrangement from Cuba accomplish? Perhaps these glimpses of Havana will encourage us to ask, if not answer, these questions. | <urn:uuid:38d6d6a5-ef9c-439a-86a2-83a1d43593a2> | CC-MAIN-2013-20 | http://www.photographyatelier.org/atelier07/atelier_2007/tuttle/lwtWork.htm | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702810651/warc/CC-MAIN-20130516111330-00005-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.96472 | 102 | 1.65625 | 2 |
Random idea: Using MIDI for WAV file compression
Since even mobile devices now have basic General MIDI support now, what about approximating digital audio as a stream of very short MIDI notes?
Encoding seems like it would be reasonably simple - do a best fit of each 100ms audio sample with a library of cached samples of a few hundred MIDI samples converted to raw WAV format, then stream the MIDI info. Obviously this could be optimized with some math smarts and statistical analysis on voice and music data. It wouldn't handle polyphonic music well, and would be pretty darn lo-fi, but it seems like a good way to compress audio since both sides of the communication have a common library of audio information.
Of course this is not so useful now that bandwidth is plentiful, but it still could make for at least an interesting BSCS project, right?
Usually any ideas I come up with are unworkable, have been patented the year before or are unpopular for some reason I don't understand. Which is this? | <urn:uuid:eae082f1-0ef3-45a2-a2fb-66fe5356323e> | CC-MAIN-2013-20 | http://weblogs.asp.net/jgalloway/archive/2005/08/11/422226.aspx | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368697974692/warc/CC-MAIN-20130516095254-00016-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.961801 | 211 | 1.6875 | 2 |
NEW YORK (CNNMoney.com) -- UAL Corp.'s United Airlines announced a deal to merge with Continental Airlines on Monday, in a move that would create the world's largest airline, with estimated sales of $29 billion a year.
The combined company, which will fly under the United moniker and Continental logo, is now larger than Delta Air Lines (DAL, Fortune 500), which became the country's largest airline when it merged with Northwest Airlines in 2008.
The combined companies will serve more than 144 million passengers per year and fly to 370 destinations in 59 countries, the companies said in a statement.
"This combination will provide a strong platform for sustainable, long-term value for shareholders, opportunities for employees, and more and better scheduled service and destinations for customers," said Glenn Tilton, chairman, chief executive of UAL Corp., in a statement.
Under the terms of the deal, Continental shareholders will receive 1.05 shares of United common stock for each Continental common share they own, the companies said in a statement.
United shareholders would own approximately 55% of the combined company and Continental shareholders would own approximately 45%.
As a result of the merger, the companies expect to save between $1 billion and $1.2 billion over the next three years.
United and Continental discussed combining in 2008 and Houston-based Continental backed out. United boasts a stronger financial position this time around though.
Last week, the Chicago-based company reported a first-quarter loss of $82 million, much narrower than the $382 million loss posted a year earlier. And revenue jumped 15% to $4.2 billion.
Thanks to an improved financial performance, United was expected to have more weight in the talks. Last weekend, the company pushed to base the deal on the closing price of its shares the day before an agreement is signed.
Assuming the deal clears anti-trust hurdles, the combined airline would be based in Chicago and use the United name but would be run by Continental chief executive Jeff Smisek, the source said.
Tesla Motors announced Wednesday that it has repaid a $465 million loan from the government nearly a decade before it was scheduled to do so. More
Home sales and home prices continue to show strength of housing recovery in latest reading. More
The tornado that struck the Moore, Okla., area Monday afternoon left an almost 2-mile wide path of destruction, flattening homes and businesses and taking at least 24 lives. More | <urn:uuid:db9022e7-130e-4e0d-bcd9-17a42f24bf67> | CC-MAIN-2013-20 | http://money.cnn.com/2010/05/02/news/companies/United_Continental_merger/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702448584/warc/CC-MAIN-20130516110728-00000-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.940006 | 501 | 1.539063 | 2 |
Sep 27, 2011, 11:50 AM
Juvenile "Gray"Tree Frog
Even though Northern and Southern Gray Tree Frogs should be Gray, they do get a bright green, at first when the wife called me over to see a baby frog on our grandson's toy house, I thought it might have been a juvenile Pine Barrens Tree Frog which we have had here many years ago and stopped a developer from putting in additional houses here, thanks to me reporting that the endangered frog was in fact here and not as reported by the "professionals" they hired to fill a endangered species survey, prior to gaining approval, but all of that is a different story.
Sure is a little cutey, I put an Oak leave next to him for size comparison. Late Spring thru mid Summer the chorus of these Tree Frogs is something else to hear, eat them bugs!!
"The mantra has always been don't clean a (copper) coin or it will lose value.
For undug coins this is true. For dug coins this is untrue.
The value will increase with judicious cleaning."
Sep 27, 2011 11:50 AM
Sep 27, 2011, 10:13 PM
Re: Juvenile "Gray"Tree Frog
fossil hunter Indian Artifact collector MDer Antique collector | <urn:uuid:8b7b9d47-ecc3-4a39-b643-c0d0ef06df27> | CC-MAIN-2013-20 | http://www.treasurenet.com/forums/my-daily-snapshot/260638-juvenile-gray-tree-frog.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368708766848/warc/CC-MAIN-20130516125246-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.951444 | 270 | 1.734375 | 2 |
Posts Tagged ‘Types Of Tea’
Tea Company: Hampstead Tea (website)
Ingredients: Fairtrade black tea
Vendor Suggested Preparation: Use one sachet or level teaspoon of tea leaves per person. Brew with freshly boiled water and infuse for up to three minutes
It has been a while since I’ve been able to sit down and relax long enough to review some teas. I appreciate all types of tea but the tea that I’m having today is really special. It’s a Darjeeling and it is beautiful. It appears to be a second flush, dark brown, thin leaves with a sprinkling of tips. The dry leaves smell like typical black tea only a bit more musky, reminds me of my grandfather hmm. This is the first time I’ve had tea from the Maikaibari Estate (Kurseong, Darjeeling in West Bengal ,India) and I get the feeling I’m going to be impressed with it.
Steeping it in boiling water for three minutes. It has settled to a light orange color with a sweet and still musky scent to it. It does appear to be a Summer flush, possibly a late Summer though… The tea tastes rich and full, a bit sweet, with a perfect muscatel after taste. The color has lightened after a few steeps but the flavor is still strong. It is spicey and warming, perhaps more of a winter tea, but I am still going to cold steep some for later.
Love teas from India, also love that this one is organic and Fairtrade certified. Can’t wait to try more teas from Hampstead, the quality in this tea and its packaging is outstanding.
You can purchase the Organic Fairtrade Darjeeling directly from the Hampstead Tea website.
Tea Company: Chicago Tea Garden (website)
Vendor Suggested Preparation: Water Temperature: 212 deg F, 1st steep 30 sec, 2nd steep 30 sec, 3rd steep 45 sec, 4th steep 1 min
When the average American first learns of tea, then tend to learn about black tea (often Lipton-eqsue types of black tea) or herbals. If they’re lucky enough to start to explore the genre of tea, then the worlds of greens, whites and oolongs come into focus, but the pu-erhs often remain uncharted territory. Of all types of tea, pu-erhs seem the most mis-understood and mysterious teas out there. I often see people new to tea mention that they are *scared* of them. And, that can be understandable; some of the adjectives often associated with pu-erhs are big, strong, bold words like “leathery,” “earthy,” and in worst case scenarios “fish-tank-y.” I don’t want to drink a fish tank. Ew!
Personally, I’ve only started to stratch the surface of pu-erhs. And even in this small sampling I’ve had some that I’ve spit out, and some that I’ve absolutely adored. So I went into this tea with a very open mind – this one could be anything. It came in cute little mini-cakes smelling vaguely of rose. But it wasn’t as scented as the name suggested – I was expecting more floral On brewing, it steeped at a rich carmely brown – a little lighter than I’d expected. And the flavor was very smooth with a hint of a sweet finish. Not as much of the earthy strong characteristics I’ve come to associate with pu-erhs, but rather a medium-bodied brew. And again, not much floral, either in the scent or the flavor.
This is a rich and soft brew. Don’t come to this tea expecting lots of rose. You won’t find it. But you will find a nice mellow pu-erh. This would be a good springboard pu-erh for those afraid or hesitant to try them.
You can purchase the Rose Scenter directly from the Chicago Tea Garden website. | <urn:uuid:5912942d-edef-4162-a49e-e3e1637da358> | CC-MAIN-2013-20 | http://www.itsallabouttheleaf.com/tag/types-of-tea/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702448584/warc/CC-MAIN-20130516110728-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.950579 | 886 | 1.609375 | 2 |
(Roland Rickets is one of the people featured in "Autism Grows Up," a one-hour documentary airing Friday, March 1st at 10 a.m. and 8 p.m.)
Cat Ricketts says she saw signs early on that something was different with her son Roland.
"He always skirted the periphery," remembers Cat Ricketts. "It was like he liked being with us, but he'd kind of always be on the edges....We had to do some daycare and he just didn't like daycare and daycare people didn't like him.... and so finally we had some friends...her name was Lily and she said, "'You know, Roland's like a little ghost. He doesn't talk, he doesn't interact.'"
Roland was diagnosed with autism in the mid-1980s, before widespread knowledge about the disability, or the therapies for it. But Cat and her husband Lex had a vision for a normal life for their son, and committed themselves to it. Cat spent hours a day for years doing flash card sessions with him.
Videos show Cat teaching a kindergarden aged-Roland the days of the week. She focused on getting him to look her in the eye and speak in full sentences. Lex and Cat said the behavior modification they did with their son was often criticized.
"Even the most awkward stuff we did because we cared and it often didn't look like we cared," said Lex Ricketts. "It often looked like we were being very cold and stern."
In the video, Roland looks uncomfortable, he flaps his hands, squeels, and picks up the table in front of him.
"We were afraid if we didn't do something, he'd be an adult with a helmet on his head sitting and rocking, banging his head against the wall and doing that."
More than two decades later, Roland is all grown up and lives with his parents in Elk Grove. He graduated from high school and has a job. He wears glasses, has long, thick blond wavy hair, and often flashes a pleasant grin.
My name is Roland. We're at my parents' house, and...I, I... my dad has health problems. My mom works at Lodi High School. She's a teacher.
Five days a week, Roland earns an hourly wage at the California Auto Museum, detailing cars, doing janitorial work, setting up for events.
Mario Pulido is Roland's job coach, and oversees his work. But he says he doesn't have to do much quality control.
"At first glance you would think that Roland is not capable of doing a lot, but he actually is," says Mario Pulido. "And I feel the impact when he's not here... In a sense I don't look at Roland as being disabled."
Back at home, Roland helps his dad with everything from putting on his shoes to repairing computers, and rewiring electrical sockets.
But Cat says there are some things he'll always need help with, like balancing a check book. Socializing can be too intense for him - Cat says one time a girl wanted to be 'kissy' with him, but he wasn't interested. His parents say Roland would be missed - but they'd like to see him on his own one day.
"You want roots and wings for your kids. Roland's got the roots, and at some point he's going to take flight. And he's going to need his wings, and I have to let him do that."
Cat imagines eventually he could move in with a roommate, or live in a group home.
Roland says he will live on his own one day, but he's doing it on his own timeline.
"'Gonna live with my parents until I'm 35,"says Roland at a bus stop. "[They] like having me in their lives."
For now, Roland seems comfortable with his life at his parents' house. He uses public transportation to and from work. He goes to the gym, and he scuba dives. | <urn:uuid:a6529556-69cf-4804-b0f4-6dcb33b9f044> | CC-MAIN-2013-20 | http://www.capradio.org/184453 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696383156/warc/CC-MAIN-20130516092623-00001-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.992938 | 838 | 1.664063 | 2 |
These podcasts are meant to provide people with the opportunity to get further into the issues Dennis Loo discusses in his book, Globalization and the Demolition of Society, as well as to be in dialogue and collaboration with people whose work speaks to the critical issues of our time.
We believe that understanding the world more deeply is essential to changing it and that to make a different world requires that people engage on a deep level and broadly throughout society. So we invite and encourage discussion and debate at the highest possible level, hosting interviews and debates, and commentary by and about, major ideas and theories, by prominent intellectuals and activists, scientists, artists, authors, and people who are not (yet) famous about the connection between people’s ideas and their actions. We recognize that how people understand what is happening in the world—how their ideas and paradigms operate and what facts they are aware of or not aware of—determines what people will or will not do to change the current trajectory.
Stephen Rohde is a super lawyer, writer and lecturer fighting on behalf of the people in various struggles. Stephen is based in LA, where he writes and lectures widely on freedom of expression, censorship, media regulation, hate speech, pornography, and the Internet. He is the author of American Words of Freedom and Freedom of Assembly and co-author of Foundation of Freedom. He has also hosted a segment on Radio's Clear and Present Danger and served as President of the ACLU of Southern California and Chair of the ACLU Foundation of Southern California. He is currently Chair of Interfaith Communities United for Justice and Peace.
This podcast is our second in an ongoing series. Stephen will be a regular podcast guest.
Watch for our next upcoming guests who will also be regular contributors: Law Professor Barbara Olshansky, co-author of The Case for Impeachment, who has also represented detainees at Gitmo, and award-winning playwright Donald Freed.
This conversation between Stephen Rohde and Linda Rigas runs approximately 46 minutes.
Note: when listening to this you'll want to adjust your volume by using the volume controls on your computer keyboard, usually located on the top row of keys. We're working on improving the volume balance for future podcasts.
Other interviews and podcasts so far can be found by clicking on the navigation bar tab above entitled Interviews & Talks. | <urn:uuid:212635b9-89e0-4b0e-bdf3-19b78bed8be6> | CC-MAIN-2013-20 | http://dennisloo.com/podcasts-archive.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368699881956/warc/CC-MAIN-20130516102441-00001-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.962187 | 478 | 1.515625 | 2 |
Tall Horse Wine
Tuesday, 1 January 2013 | Admin
We are now selling Tall Horse South African Wines in store. Read on to find out more about the Tale of the Tall Horse and Tall Horse wines...
In 1824, the Sultan of Egypt presented the King of France with a giraffe as a diplomatic gift. The giraffe was sent up the Nile by boat and shipped across the Mediterranean where it landed at the port of Marseilles. Its journey continued as it was walked across the length of France until it eventually reached its destination in Paris. Tens of thousands thronged the streets of the city to witness the astonishing scene as the towering creature arrived. The giraffe, nicknamed Tall Horse, sent off a frenzy of scientific and cultural interest. Some even say that it was the immense elegance, grace and stature that inspired the construction of the Eiffel Tower.
There are many similarities between the giraffe that traveled from Egypt to Paris and the wines that have come to share its name. Tall Horse wines come all the way from South Africa. The grapes grow in vineyards with near perfect conditions in the Western Cape winelands. From the slopes of the Cape Mountains caressed by cooling sea breezes, the vines drink in the winter rainfall and bask in the long summer sunshine hours allowing fantastic ripe expression of variety and land. In fact, it is these very enviable conditions that conceived a legacy of winemaking that traces back to the late 1600’s.
The Tale of the Tall Horse is reproduced from Tall Horse Wines. | <urn:uuid:5cc3a522-4664-4ca4-8718-5d19f71d123d> | CC-MAIN-2013-20 | http://www.therealalecorner.co.uk/news/news-8.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368701852492/warc/CC-MAIN-20130516105732-00000-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.960333 | 315 | 1.835938 | 2 |
Hiring anybody to do anything is always tricky because you find yourself having to predict the future and how thatwill perform in it. In , there’s always a call that has to be made while evaluating the and honesty of the person you hire. But selecting a is even trickier because the are much higher. For example, if you hire a plumber and he doesn’t out, you him the agreed and move on with your life. But if you hire a and he doesn’t work out, then not only do you have to pay the agreed but you also have to with the that your life or may have been jeopardized. Therefore, selecting the best possible financial advisor is much more critical because you are giving that person to your .
However, many people further reduce theirof finding a financial advisor by not gathering enough and by making the following .
Cutting corners and not putting enough effort into the process
People tend to take thetoo lightly. There are a number of steps in this process (e.g. identifying your needs, researching different advisors, checking references etc.) and each one of them is time consuming. But in the long run, it’s time well spent not only because finding the right person can help you achieve your but also because finding the wrong person can you a of .
Relying solely on recommendations from friends andto make a decision
Everybody’s financial situation is unique, so an advisor who worked well for somebody might not work well for you.
Not understanding what kind of advisor you are looking for
There are numerousof financial advisors out there (e.g. , fee-only planners, fee-based planners, comprehensive planners, advisors, planners etc.) and people tend to they are all basically the same. That is not the case. If you just tax , don’t go to a just because he calls himself a financial advisor.
Confusing salesmen with financial advisors
Not understanding what feeyou will be paying
For example, paying a financial advisor aevery time you or sell a stock is not the same as paying an advisor a fee based on . In the former, the advisor makes money no matter whether your investment goes up or down but in the latter, the advisor makes a lot more money when your investment goes up. Therefore, the advisor’s are more aligned with yours.
Not researching an advisor’s background to check past disciplinary actions
Not spending enough time judging core competence
An advisor canthe right and have the correct but if he is not good at his job, there is no point in hiring him. Therefore, people should take the time to whether the advisor knows what he is doing and has a sufficient level of . One way of judging this is looking at the past of the advisor, especially in (everybody can make money in ).
Not evaluatingand tendencies of an advisor
Peopleto make sure that there is a good fit between their and the advisor’s investment and for risk; otherwise, the relationship can turn out to be frustrating (and expensive).
Putting too much emphasis on an advisor’s personality
Don’t hire an advisor just because he is. Some financial advisors are especially good at coming across as friendly because that is part of the , but that’s not the most important .
What Can You Expect Out of Your Financial Advisor?
This often depends on the kind of financial advisor that you hire. If you are hiring a ‘niche’ financial advisor (e.g., estate planner, tax advisor, etc.), then yourshould be more specific than if you were hiring a comprehensive financial advisor or planner. However, in both , you have a right to expect the advisor to do a good job.
People tend to expect too much from their financial advisors when it comes to investment performance and they tend to expect too little when it comes to other things. To expand on this a little, some people think of their financial advisor as a stock picker. They have unreasonable performance expectations and when they don’t see those results, they are disappointed. Obviously, those expectations are unrealistic and people need to keep this in mind going in.
However, there are a number of other important areas where people don’t expect enough from their advisor when they have a right to. Some of these things include not expecting aof why an should follow a certain (people tend to think they have to follow a financial advisor’s advice blindly), and not expecting an advisor (especially if he is comprehensive planner) to give them advice on the of major life changes (e.g., marriage, birth of a ). Individuals should consult with advisors before these but sometimes are hesitant to do so because they think it falls outside the of an advisor’s responsibilities.
There are also small administrative expectations that people don’t have of financial advisors when they should, such as getting detailedand timely updates on the performance of key .
Having said all this, people also need tothey also have a to make the relationship work and they have to do certain things too (e.g., keeping the advisor informed, understanding the investments being recommended) and not let the advisor do all the work. | <urn:uuid:2246bb0a-7d6b-4ad1-bc27-84281980cd1f> | CC-MAIN-2013-20 | http://www.investorguide.com/article/11827/common-mistakes-that-people-make-while-picking-a-financial-advisor-igu/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705195219/warc/CC-MAIN-20130516115315-00003-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.966864 | 1,070 | 1.765625 | 2 |
IN THE COURT OF APPEALS OF THE STATE OF KANSAS
NATIONAL MEDICAL SERVICES, INC., d/b/a NMS LABS,
and COMPASS VISION, INC.,
SYLLABUS BY THE COURT
1. Kansas is a notice-pleading state. As a general rule, a petition need contain only (1) a short and plain statement of the claim showing that the pleader is entitled to relief and (2) a demand for judgment for the relief to which the pleader deems the pleader is entitled. K.S.A. 60-208(a).
2. A legal theory for relief need not be detailed, so long as the petition apprises the defendant of the facts upon which the plaintiff claims to be entitled to relief.
3. In considering a motion to dismiss for failure to state a claim upon which relief can be granted, the court must assume the truth of all factual allegations in the petition and draw all reasonable inferences in favor of the plaintiff to determine if the petition states an actionable claim on any possible theory.
4. Whether a legal duty exists is an issue of law over which an appellate court has unlimited review.
5. Three elements must be satisfied before a legal duty arises in Kansas. First, the plaintiff must be a foreseeable plaintiff, i.e., within the range of apprehension. Second, the probability of harm must be foreseeable. Third, there must be no public policy against imposing the claimed duty on the defendant.
6. The test for negligence is not whether the defendant should have anticipated the particular act from which the injury resulted, but whether the defendant should have foreseen the probability that injury might result.
7. Foreseeability is a common-sense perception of the risks involved and includes whatever is likely enough to happen that a reasonably prudent person would take it into account in formulating a course of conduct. An injury is foreseeable so as to give rise to a duty of care when a defendant knows or reasonably should know that an action or the failure to act will likely result in harm.
8. Kansas courts tread lightly on matters of public policy because the legislature is better equipped to establish public policy.
9. Under the facts presented, the plaintiff has alleged an actionable claim for negligence against the provider and administrator of an alcohol testing program used by the Kansas State Board of Nursing which resulted in the loss of the plaintiff's nursing license.
10. In interpreting the provisions of a legislative enactment, courts give effect to the intent of the legislature as expressed through the language it employed. There is no need to speculate as to the legislature's intent when confronted with a statute that is clear and unambiguous on its face. When considering such a statute, courts will not read into it something not readily found there.
11. The Kansas Consumer Protection Act applies to consumers engaged in consumer transactions with suppliers. K.S.A. 50-623(b); K.S.A. 50-624 comment (c); K.S.A. 50-626(a). A consumer transaction is the sale, lease, assignment, or other disposition for value of property or services to a consumer. K.S.A. 50-624(c).
12. Courts liberally construe a petition in search of any viable theory of recovery. However, courts cannot ignore the obvious import of specific allegations in a petition and accept the plaintiff's mischaracterization of them in order to preserve a consumer protection claim that obviously does not arise from a consumer transaction under the Kansas Consumer Protection Act.
13. Under the facts presented, the petition fails to allege a consumer transaction between the plaintiff and the defendants.
Appeal from Johnson District Court; MARK MURPHY, judge pro tem. Opinion filed April 3, 2009. Affirmed in part, reversed in part, and remanded.
Jason M. Hans, of Rouse Hendricks German May PC, of Kansas City, Missouri, for appellant.
Matthew M. Merrill, of Brown & Dunn PC, of Kansas City, Missouri, for appellee National Medical Services, Inc., d/b/a NMS Labs.
William M. Modrcin, of Stinson Morrison Hecker LLP, of Kansas City, Missouri, for appellee Compass Vision, Inc.
Before McANANY, P.J., BUSER and STANDRIDGE, JJ.
McANANY, J.: This case comes to us following the district court's dismissal of plaintiff's amended petition for failure to state an actionable claim for either negligence or violation of the Kansas Consumer Protection Act. Resolution of the negligence claim turns on whether the defendants owed a duty to plaintiff under the facts alleged. Resolution of the Kansas Consumer Protection Act claim turns on whether plaintiff's claim is barred either because the action was not commenced within the period of the applicable statute of limitations or because plaintiff was not a party to any consumer transaction.
Kansas is a notice-pleading state. As a general rule, a petition need contain only "(1) [a] short and plain statement of the claim showing that the pleader is entitled to relief; and (2) a demand for judgment for the relief to which the pleader deems such pleader's self entitled." K.S.A. 60-208(a). A legal theory for relief need not be detailed, so long as the petition apprises the defendant of the facts upon which the plaintiff claims to be entitled to relief. Febert v. Upland Mutual Ins. Co., 222 Kan. 197, 199, 563 P.2d 467 (1977). In considering a motion to dismiss for failure to state a claim upon which relief can be granted, we must assume all factual allegations in the amended petition are true and draw all reasonable inferences in favor of the plaintiff to determine if it states an actionable claim on any possible theory. See Nungesser v. Bryant, 283 Kan. 550, 559, 153 P.3d 1277 (2007); Halley v. Barnabe, 271 Kan. 652, 656, 24 P.3d 140 (2001). Plaintiff asserts the following which we assume to be true for the purpose of our analysis:
The plaintiff, Judith Berry, was a registered nurse licensed to practice her profession by the Kansas State Board of Nursing (Board). Berry admitted to the Board that she had a problem with alcohol dependency. Accordingly, in August 2003 she agreed to participate in the Board's Kansas Nurses Assistance Program (KNAP) pursuant to which she agreed to refrain from consuming alcoholic beverages and to submit to random testing to confirm her abstinence.
The Board contracted with defendant Compass Vision, Inc. (Compass), to serve as the third-party administrator of KNAP's alcohol testing program. In turn, Compass engaged defendant National Medical Services, Inc. (NMS), to provide alcohol testing for nurses in KNAP and to report its test results to the Board.
Ethyl glucuronide (EtG) is a metabolite of alcohol. The presence of EtG in urine reportedly provides proof of prior alcohol consumption, even after the alcohol itself has been eliminated from the body. Compass and NMS were leading proponents of EtG testing and touted EtG testing as the "gold standard." Compass and NMS established 250 ng/ml (nanograms per milliliter) as the threshold for a "positive" test result. In other words, the presence of more than 250 ng/ml of EtG in a urine sample was reported to the Board as positive for the test subject having consumed alcohol. Further, Compass claimed that any EtG test result over 500 ng/ml conclusively proved intentional consumption of an alcoholic beverage by the test subject.
Published scientific literature as early as March 2004 disclosed that many ordinary products, including hand sanitizers used in hospitals throughout the country, contain ethanol, the use of which could result in positive EtG test results. Notwithstanding this information, the defendants continued to promote as valid and reliable their EtG test with its 250 ng/ml threshold for a positive result.
In January 2005, and again in June 2005, Berry submitted to random urinalyses and provided samples that were collected by Compass and analyzed by NMS. The test results for both samples were positive for Berry having consumed alcohol in violation of her KNAP agreement. Berry denies having consumed any alcoholic beverage that would account for the positive test results. In August 2005, the Board revoked Berry's nursing license.
In this action Berry claims Compass and NMS were negligent in a number of respects, including in designing, implementing, promoting, and managing their EtG testing protocol. Among the various specific grounds for negligence, she asserts that Compass and NMS were negligent in "[e]stablishing cutoffs over which test results would be reported as 'positive' that were arbitrary and scientifically unreliable and invalid." Further, Compass and NMS knew that because Berry was a participant in KNAP, her license to practice nursing would be in jeopardy if she tested positive. Berry also claims the conduct of Compass and NMS constitutes deceptive acts and practices contrary to K.S.A. 50-626 of the Kansas Consumer Protection Act (Act).
The district court, without analysis or explanation, sustained the defendants' motions to dismiss.
In her negligence claim Berry does not assert that EtG is an inaccurate indicator for alcohol or that the defendants mishandled or misanalyzed her urine sample. Neither does she claim that they misreported the presence of EtG in her sample. She maintains only that because alcohol is present in everyday products like the hand sanitizers she used at her job, the defendants owed her a duty to avoid reporting false-positive results by adopting a minimum threshold which accurately indicates alcohol consumption instead of incidental exposure to alcohol. Further, she does not allege that the defendants failed to warn her or the Board of alternative sources of EtG, as the defendants seek to characterize her claim. Her claim is simply that the defendants set the threshold for a positive test result at a level that is arbitrary and scientifically unreliable.
The fundamental basis for the defendants' motion with respect to the negligence count was that they owed no duty to Berry. Whether a legal duty exists is an issue of law over which appellate courts have unlimited review. Roe v. Kansas Dept. of SRS, 278 Kan 584, 592, 102 P.3d 396 (2004). As expressed by our Supreme Court in Blackmore v. Auer, 187 Kan. 434, 441, 357 P.2d 765 (1960),
"[a]n act is wrongful, or negligent, only if the eye of vigilance, sometimes referred to as the prudent person, perceives the risk of damage. The risk to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension. (Palsgraf v. Long Island R.R. Co., 248 N.Y. 339, 162 N.E. 99, 59 A.L.R. 1253)."
Three elements must be satisfied before a legal duty arises in Kansas. First, the plaintiff must be a foreseeable plaintiff, i.e., "within the range of apprehension." Durflinger v. Artiles, 234 Kan. 484, 489, 673 P.2d 86 (1983), disapproved on other grounds Boulanger v. Pol, 258 Kan. 289, 900 P.2d 823 (1995).
Second, the probability of harm must be foreseeable. OMI Holdings, Inc. v. Howell, 260 Kan. 305, 338, 918 P.2d 1274 (1996). "'[T]he test of negligence . . . is not whether the [defendant] should have anticipated the particular act from which the injury resulted, but whether it should have foreseen the probability that injury might result.' [Citation omitted.]" 260 Kan. at 337-37; see Cerretti v. Flint Hills Rural Electric Co-op. Ass'n, 251 Kan. 347, 351, 837 P.2d 330 (1992). Foreseeability as referred to in these first two tests is
"'"a common-sense perception of the risks involved in certain situations and includes whatever is likely enough to happen that a reasonably prudent person would take it into account. [Citation omitted.] An injury is foreseeable so as to give rise to a duty of care where a defendant knows or reasonably should know that an action or the failure to act will likely result in harm."' [Citation omitted.]" South v. McCarter, 280 Kan. 85, 103-04, 119 P.3d 1 (2005).
Third, there must be no public policy against imposing the claimed duty on the defendant. OMI Holdings, 260 Kan. at 338 ("A court may choose not to recognize the duty if the duty goes against public policy."). But Kansas courts tread lightly on matters of public policy because the legislature is better equipped to establish public policy. For example, in Ling v. Jan's Liquors, 237 Kan. 629, 640, 703 P.2d 731 (1985), our Supreme Court deferred to the legislature and declined to impose liability on alcohol vendors for torts committed by inebriated patrons when the legislature had not enacted a dram shop act.
Berry easily satisfies the tests for a foreseeable plaintiff and foreseeable injury. Berry's circumstances stand in stark contrast to the classic circumstances of Mrs. Pfalsgraf, who was standing on the railroad platform when a man carrying a package of fireworks attempted to jump onto a train which had started to move. A railroad employee, attempting to help the man, dislodged the package of fireworks, causing them to fall to the tracks and explode. The concussion caused scales on the platform many feet away to fall, striking Pfalsgraf. See Pfalsgraf v. Long Island R.R. Co., 248 N.Y. 339, 162 N.E. 99, 59 A.L.R. 1253 (1928). Berry, on the other hand, was not a bystander but the direct and immediate object of the defendants' conduct. Among those whom these defendants could foresee asserting a claim against them for negligent testing, Berry clearly stands at the front of the line.
The harm Berry alleges was equally foreseeable by the defendants. The testing services promoted and provided by these defendants could be used by private employers evaluating prospective employees, by licensing agencies such as the Board here, or by courts when dealing with criminal defendants. Errors in administering alcohol testing programs or reporting their findings could lead to a prospective employee being rejected by a private employer or, in circumstances such as those present here, a licensed professional being denied the opportunity to continue in his or her profession. In the case of the courts, these errors could lead to the loss of personal freedom.
Here, the defendants solicited business from the Board to test nurses whose licenses were at risk because of claims of alcohol abuse. The defendants could clearly foresee that a positive test result could result in the loss of the test subject's license. The exact harm Berry claims to have experienced here was a foreseeable consequence of negligence in the testing and reporting of the test results to the Board.
Finally, there is no public policy against imposing liability. We defer to our legislature in establishing public policy and find no expression by our legislature that urinanalysis providers are exempt from liability for their negligence in providing faulty results or interpretations. These defendants, as testing providers to the Board, do not argue that they are protected by sovereign immunity. We find no public policy that would immunize these defendants from the consequences of their actions. Therefore, the third element for establishing a duty has been satisfied.
In this regard we note the dissent's public policy argument which is predicated upon the fact that this claim arose in the context of administrative proceedings to determine Berry's fitness to practice her profession. The dissent seems to confuse the wrongful conduct Berry complains of with the product of that wrongful conduct. The wrongful conduct in this action is the claimed negligence of Compass and NMS, not the action of the Board in revoking Berry's nursing license. The consequence of this claimed negligence was the loss of Berry's license and the damages that followed.
We conclude that under Kansas law Berry has alleged the breach of a recognizable duty, and she has pled a cause of action for which relief may be granted.
Appellate courts in other states have reached the same conclusion we reach today. See Stinson v. Physicians Immediate Care, 269 Ill. App. 3d 659, 646 N.E. 2d 930 (1995); Lewis v. Aluminum Co. of America, 588 So. 2d 167 (La. App. 1992); Duncan v. Afton, Inc., 991 P.2d 739 (Wyo. 1999).
Defendants, on the other hand, rely on Perez-Rocha v. Com., Bureau of Pro., 933 A.2d 1102 (Pa. Commw. 2007), as contrary authority. There, the Pennsylvania Supreme Court affirmed the 3-year suspension of a medical doctor's license. 933 A.2d at 1108. The issue before the court was the sufficiency of the evidence supporting the agency's action, not whether the testing agency owed a duty to its test subject. Defendants rely on Perez-Rocha to establish the scientific reliability of EtG testing. The issue is not the reliability of the test itself, but the manner in which its results are reported. As we read Berry's amended petition, she does not challenge the scientific basis for EtG testing, she merely claims that the defendants were negligent in establishing an arbitrary and unreasonably low threshold for a positive test result. Perez-Rocha does not apply.
Defendants also rely on SmithKline Beecham Corp. v. Doe, 903 S.W.2d 347, 353-55 (Tex. 1995), which involved a preemployment drug screen which disclosed opiates in the applicant's urine. The applicant claimed that she tested positive because she had eaten poppy seeds before the test. She alleged that the testing laboratory had a duty to inform her or her employer that poppy seed consumption could cause a false-positive test result. She also claimed that the lab should have asked her before the test whether she had eaten poppy seeds. In rejecting this claim, the Texas Supreme Court found that the duty the plaintiff advocated would require the testing lab to "inform each test subject not only of the possible effect of poppy seeds but of all possible causes of positive results other than using drugs." 903 S.W.2d at 353. The court left open the question "whether a drug testing lab . . . has a duty to use reasonable care in performing tests and reporting the results." 903 S.W.2d at 355.
SmithKline Beecham is not persuasive. Berry does not claim that the defendants had the duty to warn the Board of all the potential sources of EtG such as hand sanitizers. Rather, she alleges that the defendants were negligent in setting too low a threshold for a positive test result. The court in SmithKline Beecham was concerned that it was being asked to impose an unreasonable burden on testing entities by requiring them to inform each test subject of all possible sources and causes of positive test results. 903 S.W.2d at 353. The duty Berry seeks us to declare here would have no such burdensome effect.
The defendants also rely on Willis v. Roche Biomedical Laboratories, 61 F.3d 313 (5th Cir. 1995), a case decided about a week after SmithKline Beecham, which was based on Texas substantive law. In Willis, Roche provided random drug testing for DuPont. Willis, a DuPont employee, tested positive for methamphetamine and was placed on restricted work duty and sent to a physician. Three months later Roche informed DuPont that the test had registered a false positive by confusing the presence of an over-the-counter cold medicine with illegal methamphetamine. Upon learning of the mistake, DuPont compensated the employee for lost time and for medical expenses. The Fifth Circuit Court of Appeals, without undertaking a foreseeability analysis, relied on SmithKline Beecham in affirming the district court's entry of summary judgment in favor of Roche on Willis' negligence claim. 61 F.3d at 315-16. Since the holding in Willis is predicated entirely upon the decision in SmithKline Beecham, and since SmithKline Beecham is clearly distinguishable, we do not find Willis to be persuasive.
The other cases cited and discussed by the defendants, such as Caputo v. Compuchem Laboratories, Inc., 1994 WL 100084, *3-4 (E.D. Pa. 1994) (unpublished opinion), and Vargo v. National Exchange, 376 N.J. Super. 364, 870 A.2d 679 (2005), also involved claims that the testing entity failed to inform the employer that the positive test result could be attributable to causes other than the presence of illegal drugs. As discussed earlier, these cases are distinguishable from the claims before us. Berry makes no claim that the defendants had the duty to inform the Board of all the possible sources for the metabolite found in her urine sample. She simply claims that the threshold for a positive test result was set in a negligent fashion.
Berry presents an actionable claim for negligence against these defendants. The district court erred in dismissing Berry's amended petition for failure to state a claim.
Consumer Protection Claim
The defendants claim that Berry's consumer protection claim is barred because it was not commenced within the period of applicable statute of limitations and because Berry's claim does not involve a consumer transaction. We need only address the latter defense.
Berry claims in her amended petition that she was the victim of deceptive practices in a consumer transaction with the defendants. This claim calls for our de novo interpretation of the Act. See Genesis Health Club, Inc. v. City of Wichita, 285 Kan. 1021, 1031, 181 P.3d 549 (2008). In doing so, we give effect to the intent of the legislature as expressed through the language it employed. There is no need to speculate as to the legislature's intent when confronted with a statute that is clear and unambiguous on its face. When considering such a statute, we will not read into it something not readily found there. See In re K.M.H., 285 Kan. 53, 79-80, 169 P.3d 1025 (2007), cert. denied 172 L. Ed. 2d 239 (2008).
The Act applies to "consumers" engaged in "consumer transactions" with "suppliers." See K.S.A. 50-623(b); K.S.A. 50-624, comment (c); K.S.A. 50-626(a). A "consumer transaction" is the "sale, lease, assignment or other disposition for value of property or services . . . to a consumer." K.S.A. 50-624(c). We assume arguendo that drug testing is a "service" contemplated by the Act. See Moore v. Bird Engineering Co., 273 Kan. 2, Syl. ¶ 4, 41 P.3d 755 (2002) (finding that an engineer who designed a bridge provided a service under the Act).
A close reading of Berry's amended petition discloses the following allegations:
Compass contracted with the Board to be the third-party administrator for the Board's alcohol testing program for nurses.
NMS contracted with the Board to do EtG testing of the nurses.
NMS provided to the Board the results of alcohol testing.
Nurses who abuse alcohol are required to submit to random urinalyses.
Berry agreed with the Board to submit to random testing.
Berry submitted to random testing in January and June 2005.
In Count II of her amended petition Berry incorporates the foregoing facts and adds that she "purchased the defendants EtG test for allowable purposes under the act and is therefore entitled to an award of [damages]." This reference to a "purchase" seems to be a contradictory characterization of the transactions described in detail earlier in her amended petition. Her factual allegations disclose transactions between the Board and the defendants but not a consumer transaction between Berry and the defendants.
Nowhere in her amended petition does Berry allege facts one could characterize as her exchanging anything of value with the defendants to secure their services. The Act only applies to "consumer transactions," which are "sales" or other "dispositions for value" of consumer goods or services. K.S.A. 50-624(c). Black's Law Dictionary 1364 (8th ed. 2004), defines "sale" as the exchange of "a thing" for "a price in money paid or promised." It defines "value" as the "money that something will command in an exchange." Black's Law Dictionary 1586.
While we liberally construe Berry's amended petition in search of any viable theory of recovery, we cannot ignore the obvious import of her specific allegations and accept her mischaracterization of them in order to preserve a consumer protection claim that obviously does not arise from a consumer transaction. Accordingly, we conclude that the district court did not err in dismissing Berry's consumer protection claim.
Affirmed in part, reversed in part, and remanded for further proceedings on the plaintiff's negligence claim.
BUSER, J., concurring in part and dissenting in part: I concur in my colleague's affirmance of the district court's dismissal of Berry's consumer protection claim. I dissent, however, from the reversal of the district court's dismissal of Berry's negligence claim.
It is the public policy of this state, as decided by the Kansas Legislature in its enactment of K.S.A. 65-1120, that the Kansas State Board of Nursing (Board) has authority to establish, regulate, and enforce the professional competency of nurses. Moreover, pursuant to K.S.A. 77-621(c), the legislature has granted the judiciary a limited power to review (using a deferential standard) the Board's disciplinary actions against impaired nurses. These legislatively established public policies are undermined by the majority's decision of first impression in Kansas. I would hold that laboratory testing facilities and third-party administrators do not owe a duty to nurses addicted to alcohol whose specimens they test under a contract with the administrative agency empowered by the legislature to regulate the professional competency of nurses.
I would add the following facts to those recounted by the majority. Berry pled that
"[b]ecause of the sensitive nature of their positions with respect to patient care, registered nurses in Kansas who have an admitted history of addiction, are required to enter into Recovery Program Agreements with [the Kansas Nurses Assistance Program] KNAP, by which they agree to submit to random observed urine analysis to document a drug-free condition known as 'zero-tolerance' environment."
In addition, Berry pled that she "signed a KNAP Agreement with the Board submitting herself to future random testing." She also pled that after her January 13, 2005, test was returned positive (2200 ng/mL), she "was suspended for two months[,] not allowed to work as a nurse," and suffered damage to her reputation with consequent anxiety, stress, and humiliation. According to Berry, after her June 1, 2005, test was also returned positive (290 ng/mL), she was
"unable to work as a nurse and faced with mandatory expensive inpatient treatment and suspension from work based on the EtG testing . . . [she] refused to continue in the KNAP program because of the unfairness of the EtG testing, and in August 2005 her nursing license in Kansas was revoked, preventing her from employment as a nurse." (Emphasis added.)
As my colleagues acknowledge, "the fact that a duty may arise from the foreseeablity of harm does not always mean that such duty actually arises. A court may choose not to recognize the duty if the duty goes against public policy." OMI Holdings, Inc. v. Howell, 260 Kan. 305, 338, 918 P.2d 1274 (1976). In OMI Holdings, our Supreme Court held that a witness owed no duty to the parties in litigation to refrain from improper contact with jurors, even where a mistrial was foreseeable, "because it places an intolerable burden on all witnesses and may deter witnesses from testifying." 260 Kan. at 338.
The majority also properly recognizes that courts typically defer to the legislature on questions of public policy. See Ling v. Jan's Liquors, 237 Kan. 629, Syl. ¶ 5, 703 P.2d 731 (1985). In Ling, the issue was whether Kansas should, "in the absence of a dram shop act," impose a duty on liquor sellers to protect those who might be harmed by liquor sales. 237 Kan. at 635. The common law did not recognize such a duty, and our Supreme Court decided to leave the public policy decision to the legislature:
"Although empowered to change the common law in light of changed conditions, this court recognizes that declaration of public policy is normally the function of the legislative branch of government. Whether Kansas should abandon the old common-law rule and align itself with the new trend of cases which impose civil liability upon vendors of alcoholic beverages for the torts of their inebriated patrons depends ultimately upon what best serves the societal interest and need. Clearly, this is a matter of public policy which the legislature is best equipped to handle." 237 Kan. at 640.
In the present case, my colleagues err by concluding that our legislature has not spoken. Under K.S.A. 65-1114(a)(1)-(4), it is unlawful for any person to practice professional nursing in Kansas "unless such person has been duly licensed." Under K.S.A. 65-1120(a)(6), the Board may "deny, revoke, limit or suspend any license" if, after a hearing, the licensee is found to "be guilty of unprofessional conduct as defined by the rules and regulations of the board." Those rules and regulations define unprofessional conduct to include "failing to complete the requirements of the impaired provider program of the [B]oard." K.A.R. 60-3-110(s).
Assuming the amended petition is true, Berry's license was suspended, she was required to enter and complete treatment, and her license was eventually revoked, not by Compass Vision, Inc. (Compass), or National Medical Services, Inc. (NMS), which are private entities doing business with each other and the Board, but by the administrative agency empowered by the legislature to discipline impaired nurses.
The context in which Berry's claim arose--a governmental agency action to discipline a nurse for unprofessional conduct--is an important matter of public health and safety. This situation is clearly distinguishable from the typical claim which might be stated against a laboratory testing facility which negligently tests for illicit drugs and alcohol and, as a result, an employee is subjected to adverse action by a private employer. Laboratory testing facilities are typically the targets of such lawsuits because the employment was terminable at will or because the employer would have some other basis, such as a good-faith reliance on the test result, to justify its action. See Comment, Imposing Liability on Drug Testing Laboratories for 'False Positives': Getting Around Privity, 64 U. Chi. L. Rev. 287, 296-97 (1997).
The cases cited by Berry and relied on by the majority fall into this category. In Stinson v. Physicians Immediate Care, 269 Ill. App. 3d 659, 664, 646 N.E.2d 930 (1995), for example, the Illinois Appellate Court reasoned:
"[T]he injury, that the plaintiff would be terminated from his employment, is not only foreseeable, but also is a virtual certainty in the event of a positive drug test result. In addition, the likelihood of injury is great; the plaintiff allegedly lost his job and was hindered in his efforts to find other employment because of the false positive drug test report."
In marked contrast, Berry's licensure was not terminable at will. To the contrary, Berry possessed important due process rights to her nursing license. See Murphy v. Nelson, 260 Kan. 589, 598, 921 P.2d 1225 (1996) (property interests generally); see also Neal v. Fields, 429 F.3d 1165, 1167 (8th Cir. 2005) (nursing license is a property interest); Ross v. Indiana State Bd. of Nursing, 790 N.E.2d 110, 121 (Ind. App. 2003) (same); Miss. State Bd. of Nursing v. Wilson, 624 So. 2d 485, 494 (Miss. 1993) (same). Accordingly, through the administrative scheme promulgated by the legislature, Berry possessed a panoply of rights which afforded her every opportunity to raise the myriad of complaints she had regarding the EtG testing and redressing any disciplinary action taken by the Board.
Berry, however, chose not to invoke her due process rights under Kansas law. She withdrew from KNAP, and she does not allege that she contested the Board's subsequent revocation of her nursing license. Instead, Berry collaterally attacked the Board's adverse administrative action by claiming the laboratory facility and third-party administrator owed her, among other things, a duty of ordinary care in setting a threshold for positive alcohol testing.
I believe the legislature is best equipped to know "what best serves the societal interest and need." Ling, 237 Kan. at 640. The Board's administrative procedures both insure Berry's due process rights to licensure and also protect the health and safety of patients under the care and treatment of impaired nurses. It is not the public policy of Kansas to conduct administrative procedure through private causes of action. To find a duty owed to an impaired nurse by a private laboratory facility and a third-party administrator doing business with the Board is to sanction circumvention of the Board's authority. This approach is contrary to the legislature's clear intent to empower the Board to afford due process to impaired nurses, to establish appropriate rules and procedures for compliance with KNAP, and, when appropriate, to discipline impaired nurses in order to insure the public's health and safety.
Additionally, pursuant to K.S.A. 65-1121a, "[a]ny agency action of the [Board] . . . is subject to review in accordance with the act for judicial review and civil enforcement of agency actions," K.S.A. 77-601 et seq. Instead of acknowledging the legislature's limited grant of authority to the courts in this area, i.e. to review the Board's decisions under the deferential standard of K.S.A. 77-621(c), my colleagues would have the courts rule in the first instance, with the Board presumably to show deference to the courts even in the matters specifically entrusted to it by the legislature. I do not believe the courts are in a better position than the Board to determine the appropriate margin of safety for nurses with an alcohol dependency who provide care and treatment to their patients.
In short, the result reached by my colleagues contradicts the well-established relationship between the courts and administrative agencies. See Lacy v. Kansas Dental Board, 274 Kan. 1031, 1040, 58 P.3d 668 (2002) (district courts may not substitute its judgment for that of an administrative agency); NEA-Coffeyville v. U.S.D. No. 445, 268 Kan. 384, 389, 996 P.2d 821 (2000) ("Because agency decisions are frequently of a discretionary nature or frequently require specific expertise, the agency should be given the first chance to exercise that discretion or to apply that specific expertise.").
This lack of deference to the Board is also reflected in the majority's foreseeability of harm analysis. Although my colleagues contend that Compass and NMS should have foreseen that Berry's licensure could be harmed by a negligently determined positive test result, the decisions regarding KNAP compliance and Berry's licensure undoubtedly remained with the Board. This is a question of law, not fact. Berry could not, by mere pleading, turn the Board into an appendage of Compass and NMS. I also do not read Berry's petition to make that particular claim.
It was, therefore, not foreseeable that invalid test results would result in the Board's adverse action against Berry's nursing license. Berry had an opportunity to contest the results both at the agency level and before the courts, if necessary. In this way, the Board's status as an administrative agency distinguishes it from a private employer for purposes of foreseeablity.
Finally, Berry did not allege that her license was revoked after the first or even the second positive test result. Berry alleged that her license was revoked after she voluntarily withdrew from KNAP. Given this factual assertion by Berry, it appears that any harm she sustained was not foreseeable as a result of one or two positive test results, but was due to her own conduct in withdrawing from the impaired nurses program.
I would affirm the district court's dismissal of the amended petition. | <urn:uuid:87315c68-ac53-4c16-bf26-13729bfff4ec> | CC-MAIN-2013-20 | http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2009/20090403/99953.htm | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705559639/warc/CC-MAIN-20130516115919-00005-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.943982 | 7,728 | 1.65625 | 2 |
- Last Updated: 9:07 AM, July 27, 2012
- Posted: 9:02 AM, July 27, 2012
Turkey has set up a secret base with allies Saudi Arabia and Qatar to direct vital military and communications aid to Syria's rebels from a city near the border, Gulf sources have told Reuters.
News of the clandestine Middle East-run "nerve center" working to topple Syrian President Bashar al-Assad underlines the extent to which Western powers - who played a key role in unseating Moammar Khadafy in Libya - have avoided military involvement so far in Syria.
"It's the Turks who are militarily controlling it. Turkey is the main co-ordinator/facilitator. Think of a triangle, with Turkey at the top and Saudi Arabia and Qatar at the bottom," said a Doha-based source.
"The Americans are very hands-off on this. US intel(ligence) are working through middlemen. Middlemen are controlling access to weapons and routes."
The center in Adana, a city in southern Turkey about 100 km (60 miles) from the Syrian border, was set up after Saudi Deputy Foreign Minister Prince Abdulaziz bin Abdullah al-Saud visited Turkey and requested it, a source in the Gulf said. The Turks liked the idea of having the base in Adana so that they could supervise its operations, he added.
A Saudi foreign ministry official was not immediately available to comment on the operation.
Adana is home to Incirlik, a large Turkish/US air force base which Washington has used in the past for reconnaissance and military logistics operations. It was not clear from the sources whether the anti-Syrian "nerve center" was located inside Incirlik base or in the city of Adana.
Qatar, the tiny gas-rich Gulf state which played a leading part in supplying weapons to Libyan rebels, has a key role in directing operations at the Adana base, the sources said. Qatari military intelligence and state security officials are involved.
"Three governments are supplying weapons: Turkey, Qatar and Saudi Arabia," said a Doha-based source.
Ankara has officially denied supplying weapons.
"All weaponry is Russian. The obvious reason is that these guys (the Syrian rebels) are trained to use Russian weapons, also because the Americans don't want their hands on it. All weapons are from the black market. The other way they get weapons is to steal them from the Syrian army. They raid weapons stores."
The source added: "The Turks have been desperate to improve their weak surveillance, and have been begging Washington for drones and surveillance." The pleas appear to have failed. "So they have hired some private guys come do the job."
President Obama has so far preferred to use diplomatic means to try to oust Assad, although Secretary of State Hillary Clinton signaled this week that Washington plans to step up help to the rebels. | <urn:uuid:f20308d6-88e5-4d93-9d1d-ee39d9b54e63> | CC-MAIN-2013-20 | http://www.nypost.com/p/news/international/secret_turkish_nerve_center_leads_8XItyzJUeOUgc5RGDzR1xI | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702448584/warc/CC-MAIN-20130516110728-00000-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.970423 | 603 | 1.585938 | 2 |
25 years ago
january 27, 1988
Phyllis Melton presented an interesting program at the Marion Kiwanis Club meeting Monday when she told about the history of the Santa Fe Trail. The program was secured by Ira Newcomer in honor of the upcoming Kansas Day to be observed Jan 29.
Now designated as an official National Historic Trail, some of the most significant places on the trail are located in Marion County.
Photographs from the collection of Almus R. Gantz of Marion are among those on exhibit at the Hays Art Council’s five-state photography exhibition now in progress.
Cynthia Heerey, daughter of Mr. and Mrs. Charles Heerey, has accepted a position as a staff accountant with the F.B. Cubick firm in Wichita. She graduated from Emporia State University in December with a Bachelor of Science degree in business.
Greg Jirak, son of Leo and Margaret Jirak, rural Tampa, was one of 29 troopers who graduated with the 50th anniversary class at the Kansas Highway Patrol Academy near Salina.
Two students from Marion are among those listed on the fall semester honor roll at Tabor College, Hillsboro. They are Pauline Holub, a senior in elementary education and business, and Melissa Krispense, a senior majoring in English and religious honors. | <urn:uuid:1296d5f7-f78a-45ba-8722-999e177daec4> | CC-MAIN-2013-20 | http://www.marionrecord.com/direct/25+4418-25+4d454d4f524945533a2020266e6273703b203235 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368706499548/warc/CC-MAIN-20130516121459-00013-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.960824 | 278 | 1.765625 | 2 |
Catholic school converts to Hindu temple
Pennsylvania, Feb 22 : A former Roman Catholic school building is reportedly being converted to a Hindu temple in Steelton (Pennsylvania, USA). Reports suggest that the 24,490 square-feet building complex, which used to house Prince of Peace Parish School in Steelton, has been purchased for USD 575,000 and it would be turned into BAPS Hindu Temple, where BAPS stands for Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha, an international socio-spiritual Hindu organization with its roots in the Vedas. Meanwhile, Hindu statesman Rajan Zed, in a statement in Nevada (USA), applauded efforts of temple-project leaders and the area community to realize this Hindu temple complex. Zed, who is President of Universal Society of Hinduism, further said that it was important to pass on Hindu spirituality, concepts and traditions to coming generations amidst so many distractions in the consumerist society and hoped that this temple would focus in this direction.
He stressed that instead of running after materialism; we should focus on inner search and realization of Self and work towards achieving moksh (liberation), which was the goal of Hinduism.
Catholic school, which fell under the Roman Catholic Diocese of Harrisburg where Joseph P. McFadden is the Bishop, reportedly closed due to financial reasons and this sale will help the parish finances. Dhanji Mistry is one of the temple project leaders.
Female majority Steelton, incorporated in 1880, on the eastern shore of Susquehanna River, is a borough in Dauphin County.
Thomas F. Acri, Jeffery L. Wright and Douglas E. Brown are Mayor, Borough Council President and Borough Secretary respectively of Steelton, whose tagline is "our renaissance continues...".
Prominent people associated with it include decorated Lieutenant General Homer Litzenberg; and football players Marne Intrieri, Bull Behman, Frank Sinkovitz, John Yovicsin and Troy Drayton.
Hinduism, oldest and third largest religion of the world, has about one billion adherents. | <urn:uuid:f9ec9a66-cd20-4a2a-baea-46b61956c633> | CC-MAIN-2013-20 | http://www.newkerala.com/news/newsplus/worldnews-139074.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368701852492/warc/CC-MAIN-20130516105732-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.943807 | 442 | 1.789063 | 2 |
Richard Miniter, Contributor to Forbes
Remember those “shovel ready” jobs that President Obama promised the $700 billion stimulus bill would create? Almost four years and more than $250 million in federal grants later, they still haven’t arrived in Los Angeles.
Meanwhile, life-saving improvements to the police, fire and other local government communications systems have been delayed–putting the more than 9 million residents of Los Angeles County at risk.
Here is a story that the mainstream media has largely ignored; a tale of cronyism, special interests, law-breaking, bureaucratic delays, union complaints, last-minute changes in the law solely designed so that Los Angeles could keep federal grant money, panicked spending of federal money, and ultimately more than $800 million of your tax dollars.
Like all tragedies, it holds a powerful lesson: massive Keynesian spending programs often fail to create jobs or grow the economy, but insider “experts” rarely fail to get their piece of the action.
Our story begins with a lofty and laudable goal. In bureaucratic argot, it is known as “interoperability.”
That’s a fancy word for the ability of police, fire, first responders, ambulance drivers, hospitals and even public works department workers to talk to each over a shared network. In a horrific terrorist attack or ordinary mudslide, police might be needed to provide order, fire rescue teams to pull people from collapsed buildings, public-works bulldozers to clear the roads, ambulance teams to be efficiently dispatched and share medical records with hospitals and so on. Imagine if a hospital could review your records before you arrive or a police helicopter could tell an ambulance that the road ahead is blocked but a side road is open. Saving time amounts to saving lives.
To achieve true “interoperability” in Los Angeles County, you need to link together 88 independent cities and agencies (from Beverly Hills to Torrance), the city of Los Angeles, the county government and its sheriff, several port authorities, a national forest and so on. An undertaking that is described by an LA-RICS board member “as hard as going to the Moon.”
But we eventually got to the Moon. Los Angeles County has yet to put up a single tower.
To knit all of the agencies and governments together, Los Angeles County formed a “joint-powers authority” (binding together all of the cities and other agencies in America’s most populous county) to administer the new Los Angeles Regional Interoperable Communications System (known by the acronym LA-RICS), and applied for the largest federal grant ever given for that purpose. And the county got its wish. It received a more than 11 federal grants with a combined value of $250 million, including a $154 million Broadband Technology Opportunities Program grant, the largest of its kind in the nation. The balance, perhaps another $500 million, was to be borne by the taxpayers of Los Angeles.
The champagne was hardly uncorked, when the problems spilled over.
Since communications systems—both radio and microwave—require expertise to design and build, an obscure outfit known as DeltaWrx was hired. The joint-powers authority board didn’t want to pay for the consultants. So the chief executive officer of Los Angeles County, William T. Fujioka, decided to pay them with county money. The County CEO has a “delegated authority” to hire consultants, of course.
Usually, this involves paying a firm $150,000 to do an environmental study or legal research. Yet, in this case, Fujioka agreed to pay DeltaWrx more than $4 million—far more than any other consultant in that period.
I reviewed the consulting contracts listed under Fujioka’s delegated authority quarterly disclosure statement for July-September 2010; it shows only three of the 22 contracts listed were for more than $2 million over that period. DeltaWrx, at $4.075 million, was, by far, the largest. That fact has left some people wondering: What makes DeltaWrx so valuable?
Some of those wondering actually sit on the board of LA-RICS. One was LeRoy Jackson, the City Manager of Torrance. He repeatedly asked some hard questions about DeltaWrx: What is scope of services in their contract, whom do they report to, who is liable for decisions based on their advice? No copy of the outsized contract has ever been made public.
LA-RICS executive director, Pat Mallon, told me that he hasn’t seen the DeltaWrx contract and didn’t know its terms. County Chief Executive Fujioka admitted to me in a telephone interview that DeltaWrx’s “scope of work kept changing.”
One way to clarify DeltaWrx’s role is find out whom the firm reports to and ask that person — but that is not as simple as it sounds. When I asked the LA- RICS executive director: “Whom does DeltaWrx report to?” He laughed. He said it’s a “sort of a hybrid.” DeltaWrx’s president, Michael Thayer, has an office beside executive director Mallon’s and, Mallon explained, “he is supposed to support me” in a rapidly moving set of technical challenges. But Thayer’s boss is actually county chief executive, Fujioka. And DeltaWrx is supposed to be providing technical advice to the LA-RICS board, but the firm doesn’t answer to them.
LA-RICS board member LeRoy Jackson asked why the pricey consultants reported to the County CEO instead of the board? After all, if they work for the board, Jackson said, they should report to the Board. Fujioka, citing a responsibility to manage money the county pays out, told me the board doesn’t pay DeltaWrx’s bills, so it doesn’t have a say. Jackson’s objections were shouldered aside and the DeltaWrx contract continued. Confused yet?
Indeed, every one I talked to about DeltaWrx seemed kind of fuzzy about how the firm adds value.
But it soon became clear how DeltaWrx subtracts value.
The consulting firm, Mallon said, has played an integral role in the project since its start. DeltaWrx’s president helped design the giant “request for proposal” (known as an “RFP” in the lingo) that brought in bidders from around the country in April 2010. It was a three-year undertaking—but the Rube Goldberg contraption soon exploded.
Soon after the initial RFP was awarded to Raytheon and its partners in March 2011, the County Counsel’s office found that the RFP was illegally designed, violating a number of California laws, including the Brown Act. (Months later, Los Angeles County and City would be forced to approach Governor Brown in the hopes of getting what amounts to an exception to his father’s signature legislative act.)
A confidential legal analysis, conducted by the County Counsel’s office, was soon circulating among key decision makers. It concluded that the RFP was “flawed and cannot proceed,” adding that there were so many legal defects that “it would result in a court voiding any contract” awarded under it. Among the numerous legal defects, it ignored the state’s strict contracting laws on new construction. The RFP included constructing some 255 towers and digging up sidewalks to string fiber-optic cable. How could the costly consultants not realize that California’s construction contracting laws would come into play?
So three years of effort and tens of millions of taxpayer dollars were thrown away and Los Angeles had to start over, in July 2011.
The Los Angeles County Board of Supervisors was not amused. The board’s chairman, Zev Yaroslavsky, thundered: “This is one of the worst and potentially most costly mistakes I have ever witnessed in all my years in government.” Yaroslavsky has been observing the microscopic hijinks of Los Angeles politics for decades.
Bureaucratic blundering also frustrated another Supervisor, Mike Antonovich. His staffer, Anna Pembedjian, said he was “very unhappy about the way the first RFP was handled.”
Yet no one was fired. The County Counsel, Andrea Ordin, retired, but that may have been unrelated to the legal contracting mess that was described by nearly every participant as a “fiasco.”
Thayer — the $4 million man — had his fingerprints all over the illegal RFP. He remains at his post. As for DeltaWrx (once known as Thayer Consulting)? It secured a $1.69 million contract renewal to continue its work on L.A.-RICS in May 2011. Despite repeated calls to his Woodland Hills corporate offices and emails to his L.A.-RICS email address, Thayer refused all requests for an interview.
Instead, Pat Mallon—who had wowed county officials by successfully forming a joint-crime lab to be shared by Los Angeles County and city investigators—was brought in to fix the mess as executive director in May 2011.
Meanwhile, the only hope Los Angeles had of meeting federal deadlines for spending tens of millions of dollars meant that it had to get a mulligan so it could play past California law. That proved relatively easy to do thanks to a flexible minded committee chairwoman in the state legislature. “There was no way that we were giving up a great public safety tool just because someone forgot to dot the I’s and cross the T’s,” Assemblywoman Bonnie Lowenthal (D-Long Beach) told the Los Angeles Times. “Federal money isn’t so easy to come by these days and we can’t afford to let this get away.”
With Lowenthal leading the charge, the California legislature passed a law creating a unique loophole in state contracting law… so that L.A. could keep its federal grants. They couldn’t afford to let the money get away.
After the missed deadlines, technically illegal procurement plans, the shouting behind closed doors and the last-minute changes in state law, a new danger loomed. Again, it found that L.A. could not spend money in accord with the federal deadlines. This time, the enemy was time. Time itself.
If Los Angeles County and City didn’t spend $58 million by the federal deadline of May 2012, it would have to return that grant money. And they couldn’t possibly do it. Working at breakneck speed, the L.A.-RICS staff and board had presented a new RFP in November 2011. Bids came in from all over the country. There was simply no way the staff could get through the statutory contract evaluation process in time.
Even if the new contract was awarded in the coming weeks (as expected), there was simply no practical way for the contractor and its sub-contractor firms to spend that much money in that little time on approved uses. Despite their best efforts, it looked like L.A. was going to have to return some of its federal grant money…
That is, unless Fujioka became creative. And he did. He identified millions of dollars in existing city and county contracts where he could legitimately spend federal grant money in some way or another, to further the LA-RICS plan. All perfectly legal and perhaps bureaucratically brilliant—but driven by the fear of losing federal money and the impending wallop of missed federal deadlines. The County chief executive demanded that LA-RICS board members and county officials get their proposals in immediately. Panic was setting in. The money was about to go back to Washington.
One clever solution was dispatcher’s consoles. Police, fire and other dispatchers sit at a console loaded with equipment, sort of mini-Mission Control. But Houston, we have a problem. Those consoles were due to be replaced and new ones would not be compatible with the system LA-RICS was designing. Why not use the federal grant money to upgrade to new, compatible consoles? Anything to soak up federal grants before they left L.A. County unspent.
Meanwhile, the police and fire fighters’ unions began to have objections of their own. The LA-RICS system would literally be a matter of life and death for those unionized public-safety officers. “We understand that there are tight timelines the JPA [LA-RICS] is trying to meet, but we ask , what is the rush?” wrote Dave Gillotte, the president of Los Angeles County Fire Fighters Local 1014, in a letter to L.A. County chief executive Fujioka. “Why not make sure that we do it right? We don’t want to repeat the same mistakes of New York, Pennsylvania, and other failed systems across the country in our efforts to get it done quickly. It is heartbreaking for us to see that ten years after 9/11 that New York still does not have an operating system due to vendor failures. We strongly believe that we have one shot to get this right. We believe that with our collective lobbying efforts they [the Obama Administration] will be patient with us in order to ensure we have the best operating system possible for our men and women of public safety.””
It is a good question, perhaps the fundamental question of LA-RICS. Why rush? Why can’t the deadlines be relaxed, as the union leaders thoughtfully suggested? And the unions even offered to lobby the Obama Administration for a deadline extension. So why rush?
Mallon knows the answer. “The federal government wanted those jobs in 2011. They will take them in 2012,” he said. “But not 2013.”
He’s right. The federal deadlines are very unlikely to be eased. The soft-spoken former Sheriff’s Department commander is too polite to say the obvious: it is presidential politics.
Why spend federal money today to create jobs in a future year when President Obama may not be in the White House to enjoy the credit? 2012 is an election year, after all. Meanwhile, the people of Los Angeles County wait for a radio system that will actually allow their more than 50 police and 31 fire departments to talk to each other. | <urn:uuid:263d6ecd-0d43-4895-8177-152c9c7d9e38> | CC-MAIN-2013-20 | http://blog.tcomeng.com/index.php/2012/obamas-next-solyndra-style-scandal-is-called-la-rics/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368700958435/warc/CC-MAIN-20130516104238-00006-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.965361 | 3,014 | 1.710938 | 2 |
Shaun recently posted material noting that the IEA had revised its world oil reserve estimates downward and suggesting that the US had put pressure on the agency to keep them artificially high.
That post took me back to my long lost past, when I wrote my PhD dissertation on social factors affecting estimates of how much oil was left in the ground. The diagram at left shows some of the data from my dissertation, illustrating that the pattern of estimates fell into distinct historical periods. Each dot represents a particular estimate of how much oil is left in the ground in the US plotted against the year that the estimate was published. As you can see, revisions are a fairly common occurrence :+) And, as I argued, significantly political.
Unfortunately, I can't embed the pdf of the article on the blog. But anyone that is interested in can take a look at the original here. If you aren't at a location that will allow access to the journal, the citation information is: Gary Bowden, "Estimating U.S. Crude Oil Resources: Organizational Interests, Political Economy, and Historical Change" The Pacific Sociological Review (the journal changed its name, now it is Sociological Perspectives), 25(4): 419-448. October 1982. | <urn:uuid:8cfca880-b3dd-4940-9753-1b68ab955530> | CC-MAIN-2013-20 | http://ecologicalsociology.blogspot.ca/2009/11/shaun-recently-posted-material-noting.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702448584/warc/CC-MAIN-20130516110728-00016-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.968045 | 253 | 1.765625 | 2 |
It was more than one year since we had been out confluence hunting. With the monsoon arriving and cooling south India down, it looked like a good time to plan a trip to reach 15N 75E and 16N 75E.
Both confluences are located near the town of Hubli in Karnataka. My uncle Jagan, Mohan and I decided to take a train to Hubli and drive out from there to these two points. The overnight train journey was ok and we reached Hubli at 0530 and were picked up by the shuttle bus from the hotel. After washing up and tucking into a good breakfast we got our gear together and waited for a car that Jagan had arranged to pick us up.
We started out to 15N 75E at 0830. The GPS (and Google Earth) seemed to indicate that the point was about 42 kilometers from Hubli. We drove through the town of Kalghatgi towards the town of Mundgod. The point seemed to be about a kilometer from the road before Mundgod. But we found that the point was about 2.5 kilometers to the right of us and there was no road heading that way. But, in the distance and in the direction of the point, we saw huge buildings. On checking with a local, we were told that the road switches back to that direction after a few kilometers. The road did switch back and we rapidly approached the point. Interestingly, we found ourselves in the midst of a Tibetan settlement. Later, we saw boards that mentioned that it was the Mundgod Tibetan Refugee Settlement. A lot of interesting architecture in Tibetan style. The point was about 400 meters from the road and we got to it without any trouble.
After taking photos, we headed out again towards Hubli to drive north towards 16N 75E. | <urn:uuid:aca61bc3-e3d5-4ccd-8387-92e472f704a9> | CC-MAIN-2013-20 | http://www.confluence.org/confluence.php?id=8758 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698207393/warc/CC-MAIN-20130516095647-00008-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.979977 | 371 | 1.507813 | 2 |
Brazil, the world’s second largest user of genetically engineered (GE) seeds, just took Monsanto down a notch. The court focused on Monsanto’s harassment and exploitation of farmers — potentially causing huge financial losses to the company, and keeping their army of lawyers busy for a while. Meanwhile, we celebrate a rare commonsense legal decision.
Monsanto's RoundUp Ready soy seeds comprise 85% of all soy grown in Brazil, and the corporation has been making a tidy profit charging farmers a levy of 2% on top of the cost of seed. In April, a Brazilian court ruled this levy illegal. | <urn:uuid:8f9f2908-f08b-4c5c-ad3c-20a683c20b26> | CC-MAIN-2013-20 | http://www.panna.org/blogs/pesticide-action-network?page=10 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696383156/warc/CC-MAIN-20130516092623-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.9399 | 125 | 1.820313 | 2 |
Tri States Public Radio Staff
World of Opera
Fri October 21, 2011
An All-Consuming Parental Love: Verdi's 'Rigoletto'
Originally published on Tue November 8, 2011 8:27 am
It's easy to wonder whether actual events in the lives of great composers are directly reflected in their music. Sometimes people even argue about it. But in the case of personal tragedies early in Giuseppe Verdi's life, the case seems like a slam dunk.
Verdi wrote his first opera (Oberto) while in his late 20s for Milan's historic opera house, La Scala. The successful 1839 premiere led the company to offer him a contract for three more dramas. It seemed Verdi was on his way to a solid career, but then disaster struck.
Not long before, Verdi had endured the death of his young son. By the spring of 1840, he had also lost both his wife and his second child, an infant daughter. Later that year, his next opera was a flop. Verdi's personal life and career were in tatters and he considered giving up composing altogether.
Eventually, Verdi made a comeback with his third opera, the smash hit Nabucco. In it, he touched on a dramatic theme that recurred in many operas throughout his long career. That theme is parental love, and in particular the loving yet complex relationship between father and daughter — a relationship that, tragically, Verdi himself never had the chance to enjoy fully.
The father-child relationship crops up in a number of Verdi's finest operas including Aida, Simon Boccanegra and La Traviata. But the composer never portrayed it more poignantly, or more tragically, than in Rigoletto.
Verdi completed Rigoletto in 1851 and based it on a play by Victor Hugo called Le Roi S'Amuse. The composer once said it was "perhaps the greatest drama of modern times," and went on to describe its main character as "a creation worthy of Shakespeare."
That character, named Triboulet in Hugo's play, became the title character in Verdi's opera. He's a man whose harsh life is warmed only by the unconditional love of his daughter — a young woman who is eventually destroyed as an inadvertent result of Rigoletto's own anger and bitterness.
On World of Opera, host Lisa Simeone presents Verdi's Rigoletto in a production by the Washington National Opera. Baritone Carlos Alvarez stars in the title role, with soprano Lyubov Petrova as Rigoletto's daughter, Gilda. | <urn:uuid:6c6653d7-5390-4df5-a858-c04602816fc2> | CC-MAIN-2013-20 | http://tristatesradio.com/post/all-consuming-parental-love-verdis-rigoletto | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698924319/warc/CC-MAIN-20130516100844-00014-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.979423 | 544 | 1.742188 | 2 |
State economy still dragging
October unemployment rate remains above national average
Oregon's economy continued to stagnate in October, with the unemployment rate virtually the same as September, according to the Oregon Employment Department.
The state's seasonally adjusted unemployment rate was 9.5 percent last month, essentially unchanged from 9.6 percent the month before, according to figures released by the department on Wednesday.
Oregon's October unemployment rate is higher than the U.S. seasonally adjusted unemployment rate, which was 9.0 percent in October and 9.1 percent in September. The department said the difference is not statistically significant, however.
According to the department, Oregon's seasonally adjusted nonfarm payroll employment rose by 800 in October. The gains were led by 2,300 additional professional and business service jobs, 1,400 government jobs, and 1,300 trade, transportation and utilities jobs. These gains were offset, however, by the lost of 2,300 manufacturing jobs, 1,300 leisure and hospitality jobs, and 900 construction jobs.
Oregon's seasonally adjusted unemployment rate has been below 10 percent since March, the department says, when the rate was 9.9 percent. The recent low point for Oregon's rate was in May, when it reached 9.3 percent. Prior to May, the rate generally had been declining since reaching a recent high of 11.6 percent in both May and June 2009.
Average earnings of all private-sector payroll employees in Oregon rose to $21.90 per hour in October, up from $21.68 in September. The October figure was up 12 cents per hour, or 0.6 percent, from October 2010.
In October, 177,350 Oregonians were unemployed. This is 20,761 fewer than in October 2010, when 198,111 Oregonians were unemployed. | <urn:uuid:1c7d305b-711a-453d-b4cc-86ed58188815> | CC-MAIN-2013-20 | http://portlandtribune.com/component/content/article?id=15576 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704392896/warc/CC-MAIN-20130516113952-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.98325 | 370 | 1.710938 | 2 |
By Tenzin Wangmo
Tibetans unfurl 40 foot "Xi Jinping: Tibet Will Be Free" ballon banner at Marriot Hotel in Los Angeles while US government officials meet with Xi Jinping.
Los Angeles, CA: Carrying signs and chanting “Tibet will be free,” Tibetans and supporters from San Francisco and Los Angeles trailed China’s future President Xi Jinping at every location he visited during his first official visit to the United States.
“Xi Jinping is here representing a regime that is right now engaged in an-all out vicious assault on the Tibetan people,” said Tenzin Tselha, of the Students for a Free Tibet. “As a Tibetan –American, I demand that our leaders stand up for the values Americans and Californians care about most - freedom, democracy and basic human rights - and urge China to stop its bloody crackdown.”
While Vice President Xi Jinping was visiting Los Angeles reports stated that Losang Gyatso, age 19, self-immolated in Ngaba town in eastern Tibet at 2:30pm Beijing Standard Time on February 13. Twenty-three Tibetans have now set fire to themselves in Tibet since 2009, 10 since January 2012, in an unprecedented show of defiance to Chinese rule. In an effort to stop news of the unrest reaching the world after security forces opened fire on unarmed protesters calling for Tibetan freedom and the return of the Dalai Lama, the Chinese government has sealed Tibet off to foreigners and journalists.
Over 400 Tibet activists protested on Thursday and Friday with approximately 150 people traveling in buses from San Francisco Bay Area. On Thursday, one Tibetan activist and two Tibet supporters disrupted Xi Jinping’s business delegation meeting at ChinaMart in Los Angeles. Giovanni Vassallo, President of the Bay Area Friends of Tibet grabbed the mic and started shouting “Free Tibet” and “Human Rights over trade,” while Bonnie McCalla recorded the action.
Vasallo was taken away by security forces and arrested for interrupting the business delegates meeting.
“The Chinese government wants the world to believe this new generation of leaders are more open and democratic, when nothing could be further from the truth,” Vasallo said. “Beijing's ultraviolent rule in Tibet, and abuses against Chinese people, show that China remains a repressive and authoritarian state.”
Similar activities took place Thursday night when Xi Jinping met with Chinese business delegates at the JW Marriot Hotel where he was staying. Students for a Free Tibet board member Yangchen Lhamo and Tenzin Wangmo along with San Francisco Regional Tibet Youth Congress board members Yangchen Dolkar and Tsokyi Choera made an attempt to enter the room where the meeting was being held. As Chinese delegates came out of the room, they raised the Tibetan National flag and started shouting “Xi Jinping - Tibet will be free!”
Video can be viewed here - http://bit.ly/wsyS9t
“Our goal was to show the next Chinese leader that the next generation of Tibetans are more dedicated to our freedom movement than ever and we will never give up,” Lhamo said.
“The Chinese government is using extreme violence against any Tibetan who dares to publicly call for Tibetan freedom, but the more violent they are, the more Tibetans will resist.”
Protest activities included a massive 40 foot-tall balloon banner with the message “Xi Jinping, Tibet Will be Free!”
On Friday, as Jinping met with Vice President Biden, Governor Brown, and other U.S. officials at the J.W. Marriott at L.A. Live. Tibetans and supporters protested outside the hotel from 8a.m. to 9.p.m.
Tibet protestors met Jinping’s motorcade four times on Friday alone. At one point, the motorcade changed route and headed in the wrong direction on a one-way street. This moment was extremely encouraging for the protestors, as it confirmed that Jinping definitely received the message that Tibetans will never give up.
Around 8 p.m. Friday night, Jinping attended the Lakers game, where he was met yet again with Tibet activists shouting Free Tibet in the stadium as they unfurled the Tibetan National flag.
Tashi Wangden, President of the SFRTYC and Giovanni Vasallo of BAFOT attended the Lakers left the stadium during half time after they were told by security to leave.
Beijing's desperate attempt to maintain absolute control through violent force is exacerbating an already tense situation and only making Tibetans more determined to resist,” said Tashi Namgyal, President of the San Francisco Regional Tibetan Youth Congress.
“China must be pressured by the US government and other world government to immediately reduce the tensions, dismantle the checkpoints, withdraw the troops, and respect Tibetans’ basic rights,” he said.
The chilling images and reports coming out of Tibet of Chinese police viciously beating unarmed Tibetans have moved the world to action. Senator Dianne Feinstein (D-Calif.) introduced a Senate resolution expressing deep concern about the current situation in Tibet and steadfast support for the Tibetan people. Just a week before the senate resolution, the city of Berkeley in California also unanimously passed a resolution to stand up for Tibet, acknowledging the courage displayed by the Tibetan people in Tibet.
“While Xi Jinping watched the Lakers game for his amusement, Tibetans in Tibet are burning themselves while demanding their freedom” SonTse, Board member of the Tibetan Association of Northern California said. “It’s time for China to raise its game on human rights.”
----Protests jointly organized by Tibetan Association of Southern California and San Francisco Team Tibet (San Francisco Regional Tibetan Youth Congress, Tibetan Association of Northern California, Committee of 100 for Tibet, Bay Area Friends of Tibet and Students for a Free Tibet.) | <urn:uuid:20f45a9b-cde1-49a3-a2f9-9618adeb0a7b> | CC-MAIN-2013-20 | http://phayul.com/news/article.aspx?c=10&t=1&id=30969&article=Tibetans+challenge+China's+future+leader+during+his+visit+to+Los+Angeles | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705953421/warc/CC-MAIN-20130516120553-00006-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.939763 | 1,219 | 1.515625 | 2 |
|Augusta National finally decided that women are fit to join their club. (Getty)|
If this is where I'm supposed to congratulate Augusta National on changing its sexist policy and admitting a woman -- two whole women! -- then I'm screwing up right from the start.
Because this doesn't feel like a day to congratulate Augusta National for joining the early 20th century.
It doesn't exactly feel like a day to rip Augusta National, since the club is doing the right thing. And, OK, fine -- Augusta National should be applauded for doing the right thing. Lots of corporations don't, whether the right thing is ethical or financial or whatever. Augusta National did the right thing on Monday by opening its membership to women.
There. I've been nice. And fair. Now I can go back to being honest.
|Augusta National timeline|
What took you so long, Augusta National? Shame didn't do it. Decency didn't do it. Martha Burk and her boycott in 2002 didn't do it.
Augusta National didn't allow black members until 1990, and for years it required its caddies to be black. Longtime Masters chairman Clifford Roberts, who helped found Augusta National in 1933, famously said, "As long as I'm alive, all the golfers will be white and all the caddies will be black."
And all the members will be male.
This is Augusta's shameful past, and if we're going to be honest, many institutions in the South -- beyond the South, too -- have a shameful past. But very few of them clung to that shame as diligently as Augusta National clung to its racist and sexist worldview.
Black members were finally allowed in 1990. Now, women.
And this is where I'm supposed to pat Augusta National on the back?
Not a chance. For decades Augusta National was a racist, sexist club inhabited by racist, sexist pigs. Many of those pigs still roam the grounds.
Congratulations, Augusta National. You finally got here. But you have a long way still to go. | <urn:uuid:89ca84fb-0af5-42dc-8ea9-31932f3f40b8> | CC-MAIN-2013-20 | http://www.cbssports.com/general/blog/gregg-doyel/19834816/way-to-go-augusta-national-i-guess | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368706153698/warc/CC-MAIN-20130516120913-00013-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.967941 | 427 | 1.523438 | 2 |
DescriptionBelow the Root
is based on Zilpha Keatley Snyder's fantasy book series "The Green-Sky Trilogy". Following the events in those books, The Kindar and the Erdling societies have joined together. However unrest and distrust still remains. An old woman, D'ol Falla has heard the words "The Spirit fades, in Darkness lying. A quest proclaim, the Light is dying". Choosing one of five available people (of different ages and of either Kindar or Erdling descent) either she believes can help, D'ol Falla assigns the quest of discovering what these words mean and how to quell the racial and political tensions building between the races.Below the Root
is a adventure game and a platform game. Choosing one of five characters (each very different from one another), the player explores the tree-based lands Erdling and the underground-based lands of the Kindar. As an adventure game, goals are primarily accomplished by talking to people (though each character is treated differently by others) and finding the right items to use in specific situations, but also dealing with the challenges of level design in a platform game.
Each character can obtain different items to help with their movement as well as psychic abilities such as pensing (telepathy), kiniporting (telekinesis) and grunspreking (plant manipulation). Violence is abhorred among the Kindar and the Erdling and violent actions tend to harm the player's reputation. Kindar or Erdling factions may kidnap the player's character if they wander into the wrong areas, throwing them into a local "prison house" from which they must escape. The player must eat constantly to retain their energy, however Erdling characters do not eat meat.
Part of the Following Groups
The Press Says
Below the Root
is adapted from the original 1978 'science fiction fantasy' novel written by Zilpha Keatley Snyder
, and is the first in Green-Sky Trilogy
, Followed by the books: And All Between
(1979) and Until the Celebration
The game was a direct result of readers' dissatisfaction with the ending of the books. Agreeing with a lot of the criticism, author Zilpha Keatley Snyder decided that a computer game might be used to continue the story and provide a better resolution to the series' events. Much of the game focuses on discovering the hidden truths behind some of the events described in the final novel.Information also contributed by | <urn:uuid:504d78dc-b214-4e7f-a307-d9b11522eea3> | CC-MAIN-2013-20 | http://www.mobygames.com/game/below-the-root | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702810651/warc/CC-MAIN-20130516111330-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.948105 | 505 | 1.820313 | 2 |
Gas restrictions include Nutley, surrounding towns
As Nutley residents try to bounce back from Sandy's aftermath, the gas shortage proves to be a major issue.
Gov. Chris Christie enacted an odd-even gas restriction law, which went into effect at noon Saturday. If a motorist's last vehicle plate number is odd, they can only receive gas on odd-calendar days, and cars ending in even numbers can get gas on even days.
The law covers Bergen, Essex, Hudson, Hunterdon, Middlesex, Morris, Monmouth, Passaic, Somerset, Sussex, Union and Warren counties.
"This system will ease the strain on those gas stations still operating while we work to bring more online for the public to access fuel, in a manner that is fair, easy to understand, and less stressful," Christie said in a statement quoted in The Record.
Prior to the restriction, a Delta service station on Nutley's Washington Avenue drew a mile-long line of more than 100 cars on Thursday.
"We sped here," Lombardi said after hearing of the availability.
After having waited more than an hour, they had a little under a quarter tank of gas left in their SUV. Lombardi said that she had received word that only 3,000 gallons were left at the station. This was Lombardi's first time getting gas since the storm.
"They ran out," she said of the Belleville stations. "I have to get to work."
Lombardi works in East Hanover, which is a 40-minute commute. She said she left work early just to get gas.
Lombardi said they were still in the dark at home. "I would like to see PSE&G [on my street]," she said.
On Friday, the only open service station in Nutley was U.S. Gas, located near the intersection of Passaic Avenue and Kingsland Street. Nutley police officer Alan Ballester was on patrol. The line extended miles into the Clifton Commons shopping center.
Sandra Binkiewicz had just gotten in line at the exit of Clifton Commons and knew what she was in for.
Resident Kevin Kane was in line since 9 a.m. before reaching the station at 1 p.m. He was navigating his car and the car of his girlfriend, who was also in line to fill a gas container. | <urn:uuid:e600b9d8-0060-4dc1-aa8d-77c03fa1c415> | CC-MAIN-2013-20 | http://www.northjersey.com/news/177099901_Gas_restrictions_include_Nutley__surrounding_towns.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368707435344/warc/CC-MAIN-20130516123035-00018-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.984522 | 493 | 1.601563 | 2 |
Written by AE911Truth
Friday, 08 February 2013
On February 7, an unidentified woman who has been described as having "mental health problems" was arrested for defacing a famous painting in a satellite museum of the Louvre in France. According to news reports, the woman used a black marker to scrawl “AE911” on the painting by artist Eugène Delacroix, titled "La Liberté guidant le peuple".
Eugène Delacroix, "La Liberté guidant le peuple"
We do not know if this act of vandalism was done in reference to our organization. Whether or not this is true, Architects & Engineers for 9/11 Truth (AE911Truth) condemns and deplores the defacing of this priceless work of art and all public and private property. Our code of conduct requires all of our volunteers to abide by the laws, rules, and regulations of society.
The founder and CEO of the non-profit organization, Richard Gage, AIA, noted, “I was shocked and horrified to learn of this senseless act of vandalism. I sincerely hope that this unbalanced person is not in anyway associated with our numerous volunteers in France. Our organization prides itself on the integrity of its activists, who are seeking a real, unimpeachable investigation of the destruction of the three World Trade Center skyscrapers on 9/11.”
Over 1,700 architects and engineers have signed our petition to Congress, which cites scientific forensic evidence that proves the Twin Towers and WTC Building 7 were brought down by explosive controlled demolition. The evidence is also detailed in our latest documentary, 9/11: Explosive Evidence – Experts Speak Out, which calls for the public to peacefully and lawfully demand justice.
Anyone who is interested in distributing our vital information should do so in obedience with local, regional, national and international laws.
More information about our organization and the 9/11 evidence is available at www.AE911Truth.org. | <urn:uuid:441627c9-3d98-4ee5-a69f-eb735f935228> | CC-MAIN-2013-20 | http://911blogger.com/dailynews?page=2&paged=2&s=infowars | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696382584/warc/CC-MAIN-20130516092622-00000-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.947353 | 411 | 1.726563 | 2 |
So you are moving to Springfield! Moving home can be an adventure and you are sure to be eagerly awaiting the day of your move. But before you start looking for Springfield movers or Springfield storage companies, it’s good to know some information about your new locale. This page will give you the low-down on Springfield to help you in forward planning.
Springfield – Location and Neighborhoods
Springfield is situated in the south-central regions of the State of Massachusetts, a short drive from the state line with Connecticut. Springfield is known as the city of firsts so it is no surprise to learn that Springfield, MA is the first location in the US to take this name. The city has a proud place in US history particularly in the field of manufacturing.
As the so-called “city of firsts” Springfield can proudly claim to be pioneers, dating back to colonial times with the production of the first American Musket at the National Armory in 1794. Other ground-breaking inventions which can be traced back to Springfield are; the first American-English dictionary (1805); the first use of production lines featuring interchangeable components (1819), the invention of vulcanized rubber (1844) the sport of basketball (1891); and America’s first commercial radio station (1921). Springfield’s reputation as a locus of innovation has led many companies and universities to establish centers in or close to Springfield.
Springfield is split into 17 neighborhoods, the most notable of which are Boston Road, Forest Park, Indian Orchard, Liberty Heights, the McKnight historic district, Metro Center, Old Hill and South End.
Important Places in Springfield
Located within two miles of Springfield are two of New England’s most popular attractions; the amusement park, Six Flags New England and the fair the Big E.
A group of five museums can be found at the Quadrangle in Metro Center, including the Springfield Science Museum, the George Walter Vincent Smith Art Museum and the Connecticut Valley Historical Museum. In close proximity to the Quadrangle, you can find Springfield’s public library, the Central Library.
At present Springfield’s music scene is diverse. The Springfield Symphony Orchestra are acclaimed whilst there are a number of annual music festivals including the Hoop City Jazz Festival. In addition, Blues legend Taj Mahal hails from Springfield.
Popular Living Areas in Springfield
East Forest Park – Primarily an upper middle-class neighborhood, one of the neighborhood’s major attractions is Forest Park which contains basketball courts, volleyball courts, biking and walking trails, picnic areas and playgrounds, although the central feature is the zoo featuring exotic animals. With good links to public transport and a selection of housing solutions this makes for a great neighborhood to live.
Liberty Heights – There are some great housing options in the Liberty Park neighborhood, mainly these are single-family homes, although apartment complexes can be found on the fringes of the neighborhood. Baystate Medical Center and Shriner’s Children’s Hospital can be found on the south edge and there are several parks including Calhoun Park and Van Horn Park.
Old Hill – Like most Springfield neighborhoods the choice of housing styles is varied and includes single family houses and apartment communities. Residents of Old Hill can choose from three parks that have public recreational spaces. In the north-eastern sector of the district you can find the Winchester Square historic district whose landmarks includes a number of historic homes.
Amazon Relocation Services in Springfield
You’ll undoubtedly be looking for Springfield moving companies, and Amazon Relocation would like to be there for you, helping to make your relocation to Springfield the smooth and hassle-free experience it should be. Professional Springfield movers, we will be there with you every step of the way, helping you to plan and strategize your move and to answer every question you have – and even those you haven’t thought of. Our Springfield movers can help you pack in the right way so that each of your precious belongings makes it through surely and safely, and for our movers Springfield is like home. With Amazon Relocation, trusted, tried and registered with AMSA, the American Moving and Storage Association, you can rest easy knowing your belongings are in the best possible hands. So do check out Springfield moving companies available, and make sure you talk to us and let us in more detail show you what we can do for you and your move. | <urn:uuid:bee07d7a-3312-458c-b98e-a52ff0673a8e> | CC-MAIN-2013-20 | http://amazonrelocation.com/long-distance/moving-to-massachusetts/moving-to-springfield/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368703298047/warc/CC-MAIN-20130516112138-00017-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.935689 | 912 | 1.617188 | 2 |
Obsolete Microprocessor Board
P/N 8534866 was replaced by P/N 8564542 and the new board is missing a device where two wires plug in with stacons. The device on the old board is titled Microtemp. It would be located right above P2_alt and C13 if it were on the new board.
What do I do with the two wires that were plugged into Microtemp on the old board?
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I cried out to God for help; I cried out to God to hear me. When I was in distress, I sought the Lord; at night I stretched out untiring hands and my soul refused to be comforted. I remembered you, O God, and I groaned; I mused, and my spirit grew faint. You kept my eyes from closing; I was too troubled to speak. I thought about the former days, the years of long ago; I remembered my songs in the night. My heart mused and my spirit inquired: “Will the Lord reject forever? Will he never show his favor again? Has his unfailing love vanished forever? Has his promise failed for all time? Has God forgotten to be merciful? Has he in anger withheld his compassion?”
Then I thought, “To this I will appeal: the years of the right hand of the Most High.” I will remember the deeds of the LORD; yes, I will remember your miracles of long ago. I will meditate on all your works and consider all your mighty deeds. Your ways, O God, are holy. What god is so great as our God? You are the God who performs miracles; you display your power among the peoples. With your mighty arm you redeemed your people, the descendants of Jacob and Joseph. The waters saw you, O God, the waters saw you and writhed; the very depths were convulsed. The clouds poured down water, the skies resounded with thunder; your arrows flashed back and forth. Your thunder was heard in the whirlwind, your lightning lit up the world; the earth trembled and quaked. Your path led through the sea, your way through the mighty waters, though your footprints were not seen. You led your people like a flock by the hand of Moses and Aaron.
Most people seem to have trouble transposing God’s faithfulness in past times to the present. “Sure He’s saved me before,” we think, “But how do I know he will this time? Maybe He’s tired of dragging my sorry self out of the fire. Maybe I’ve finally gone too far and He’s going to sit this one out to teach me a lesson.”
We think this way because we impute our motives to His behavior. Knowing we’re fed up with our behavior, we assume He is too, and that He’ll do to us what we’d do in His place. Not understanding the limitless reaches of His Grace, we think that each transgression of ours could be the straw that breaks the camel’s back.
In Matthew 18:21 Peter asked how many times we should forgive each other. “Up to seven times, Lord?”
Jesus answered, “I tell you, not seven times, but seventy times seven.” If that’s the standard for us, what do you suppose God’s standard is?
Because of the LORD’s great love we are not consumed, for his compassions never fail. They are new every morning; great is your faithfulness. (Lamentations 3:22-23) This means that every morning God erases the past and we start with a clean slate. No matter how badly we missed the mark yesterday, today is a new beginning. And not just for a week or month or even a year, but for all our lives.
In ancient times a lamb was placed on the altar every morning to burn all day. This protected the Israelites from being struck down for the unintentional sins they committed during the day. At sundown a new lamb replaced the one that had burned all day. This one burned all night to protect them until morning. And so it went every morning and every evening. As long as there was a Temple and as long as the priests were faithful the people were OK. But since the protection was only retro-active and only covered unintentional sin they still had a tremendous exposure.
But when this priest had offered for all time one sacrifice for sins, he sat down at the right hand of God. Since that time he waits for his enemies to be made his footstool, because by one sacrifice he has made perfect forever those who are being made holy. (Hebr. 10:12-14)
With the death of Jesus our protection extended both ways along the time line and included intentional sin as well. His one sacrifice has made us perfect forever in God’s sight, even as we are still being made Holy. The cross allows God to see us now as we will be after He’s made us immortal and incorruptible. All we have to do when we sin is confess and we are automatically forgiven. And more than that, our sins are immediately forgotten. We are purified from all unrighteousness. (1 John 1:9)
Our Father loves us so much, He wanted every barrier to the full expression of His love for us torn down. Jesus accomplished that on the cross, except for one. The one remaining is the one we’ve erected. It’s made of pride and guilt and the false belief that His love for us is conditioned upon our performance. Only we can tear that one down. But once we do we can experience the full meaning of Lamentations 3:22-23. His compassions never fail. Not for seven times or even seventy times seven, they are new every morning. | <urn:uuid:dd92aad9-6181-4c6c-b4e8-ed0fb1bc90e0> | CC-MAIN-2013-20 | http://gracethrufaith.com/bread-from-heaven/psalm-77/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702810651/warc/CC-MAIN-20130516111330-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.96865 | 1,133 | 1.53125 | 2 |
Noor-e-Hidayat V1.1 (A hadya for you)
- Complete Quran Karim (Scanned images of Mushaf-e-Madinah), Tafseer-e-Usmani
- Urdu translation (1): Hadhrat Maulana Mehmood-ul-Hassan
- Urdu translation (2): Hadhrat Maulana Fateh Muhammad Jalandhri
- Tafseer: Hadhrat Allama Shabbir Ahmed Usmani
- English translation (1): Dr. Muhammad Mohsin Khan
- English translation (2): Hadhrat Justice Mufti Taqi Usmani
- Tilawat / Recitation: Sheikh Abdul Basit Abdul Samad (Mujawad)
- Khulasa-tul-Quran: Hadhrat Mufti Attique ur Rehman
- Searchable urdu / english translations
- Quranic topics urdu / english
- Free CD + Free Shipping for Pakistan
Iman: The Articles Of Faith
"It is to believe in Allah, His angels, His books, His messengers, and the Last Day, and to believe in divine destiny, both the good and the evil thereof." (Saying of the Prophet, pbuh) Iman is the state in which the heart accepts the Truth and lives by it. It is to believe in its six 'pillars' such that, the lips and tongue make the profession of the truth, and the limbs execute what is required of them by the truth. It is important to recognise that the first of the Prophet Muhammad's titles - his 'titles of Glory' - is not 'Messenger' or 'Prophet' but 'slave' ( abd ). For man must be a slave to the truth before he can be its messenger, and the slave is, by definition, one who submits body and soul to his master, claiming no rights, asking no questions and owning nothing that he can call his own. It is for the master, if he will, to raise him to a higher status. Read More...
Quran (The Final Revelation)
The Qur'an is the final Message from Allah to humanity. It was transmitted to us in a chain starting from the Almighty Himself through the angel Jibreel (Gabriel) to the Prophet, Muhammad (peace be upon him). This message was given to the Prophet (peace be upon him) in parts over a period spanning approximately 23 years, from when the Prophet was 40 till the time of his demise (610 CE to 633 CE). The language of The Message is Arabic, from which it has been translated into many other languages. Read More...
The Amazing Qur'an
Some years ago, the story came to us in Toronto about a man who was in the merchant marine and made his living on the sea. A Muslim gave him a translation of the Qur'an to read. The merchant marine knew nothing about the history of Islam but was interested in reading the Qur'an. When he finished reading it, he brought it back to the Muslim and asked, "This Muhammad, was he a sailor?" He was impressed at how accurately the Qur'an describes a storm on a sea. When he was told, "No as a matter of fact, Muhammad lived in the desert," that was enough for him. He embraced Islam on the spot. He was so impressed with the Qur'an's description because he had been in a storm on the sea, and he knew that whoever had written that description had also been in a storm on the sea. The description of "a wave, over it a wave, Read More...
The Greatest Prophets Muhammed [Sallallaahu Alayhi Wa Sallam]
"Muhammad is the Messenger of Allah." [ Qur'an 48:29]
It was in the midst of such conditions and environments that Muhammad was born in 569 after Christ. His father, 'Abdullah had died some weeks earlier, and it was his grandfather who took him in charge. According to the prevailing custom, the child was entrusted to a Bedouin foster-mother, with whom he passed several years in the desert. All biographers state that the infant prophet sucked only one breast of his foster-mother, leaving the other for the sustenance of his foster-brother. When the child was brought back home, his mother, Aminah, took him to his maternal uncles at Madinah to visit the tomb of 'Abdullah. During the return journey, he lost his mother who died a sudden death. At Mecca, another bereavement awaited him, in the death of his affectionate grandfather. Subjected to such privations, he was at the age of eight, consigned at last to the care of his uncle, Abu-Talib, a man who was generous of nature but always short of resources and hardly able to provide for his family. Read More...
Hadith is a body of literature that comprises the sayings, teachings, behaviour etc. of Prophet Muhammad (peace be upon him). Muslims try to emulate the character of the Prophet Muhammad (pbuh) in their daily lives and use Read more...
Sahabah of Rasulullah [Sallallaahu Alayhi Wa Sallam]
The companions (Radiallaahu Anhum) of Rasulullah (Sallallaahu Alayhi Wa Sallam) are the criterion of the Truth. It was from the Sahabahs that the world learned what the Deen of Islam was. It is from the Sahabahs that we have been able to Read more...
AL-IMAM AL-AZAM ABU HANIFAH [Rahimahu Allahu Ta'ala]
The book Qamoos al-alam states: Al-Imam al-azam Abu Hanifa's name was Numan. His father's name was Thabit. His grandfather's name was Numan, too. He was the first of the four great imams of the Ahl as-Sunnah Wal Jama'ah. 'Imam' means 'profoundly learned scholar.' He was one of the main pillars of the brilliant religion of Muhammad (Sallallahu Alaihi Wa Sallam). He was a descendant of a Persian notable. His grandfather had embraced Islam. He was born in Kufa in 80 (698 A.D.). He was born early enough to see Anas ibn Malik, 'Abdullah ibn Abi Awfa, Sahl ibn Sad as-Sa'idi and Abu al-Fadl Amir ibn Wasila, four Sahaabis (Radi-Allahu ta'ala anhum). He learned 'ilm al-fiqh from Hammad ibn Abi Sulaiman. He enjoyed the companionship of many notables of the Tabi'een, and of Imam Ja'far as-Sadiq (Rahimahu Allahu Ta'ala). He memorized innumerable Ahadith. He was brought up so as to become a great judge, but he became an imam al-madhhab. He had a superior, and amazingly keen intellect. In 'ilm al-fiqh, he attained an unequalled grade in a short time. His name and fame became worldwide. Read more... | <urn:uuid:2461771e-e391-4b35-8773-ea5be2ebc590> | CC-MAIN-2013-20 | http://noorehidayat.org/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368700264179/warc/CC-MAIN-20130516103104-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.973372 | 1,519 | 1.773438 | 2 |
Installing applications from the market is one thing, but keeping them up to date with the most current version is a whole other piece. Most developers are constantly working behind the scenes to improve their applications, and every so often they drop a new version for us all in the Android market, and installing them is quite important. We are lucky enough to have the ability to have our applications auto update in the market now, but not everyone is a fan of that. Personally I like to read the change log and see what exactly has been improved, or if the developer has any notes regarding the update. For me, I update manually, and here is how.
- Launch the Android market
- Press menu, then select my apps
- Next to each app requiring an update it will say "update" in orange or green (depending on if you have the new market)
- Tap the app, then click update (if there are multiple apps requiring update the top will have an "update all" button
See, keeping your applications up to date is quite simple, and something you should try to do often. There is no need to check the market every hour, but once a day or so should be sufficient to keep yourself all caught up and all your applications performing at their maximum potential.
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- Tips and Guides
|Rate this tip:| | <urn:uuid:95fef00e-e150-4050-9432-35673320021f> | CC-MAIN-2013-20 | http://www.androidcentral.com/android-101-how-update-applications | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368701852492/warc/CC-MAIN-20130516105732-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.946651 | 278 | 1.539063 | 2 |
From The Guardian:
Afghanistan's first post-Taliban elections have been delayed for a second time amid increasing violence towards voters and officials, it was announced yesterday. The presidential vote will now take place on October 9, and parliamentary elections will not happen until next spring...From the NY Times:
The Taliban have vowed to disrupt any electoral process that would legitimise the presidency of the US-backed Karzai.
Although aid workers, contractors and security consultants have every right to enjoy themselves, there is mounting resentment among ordinary Afghans, who feel the West has been busier opening drinking holes than rebuilding their nation.
For some time, Afghanistan has been two countries: Kabul, which is relatively peaceful, and the rest, so riven by warlords and resurgent Taliban that the United Nations has declared a third of the country off limits to its employees.
But more recently, Kabul has become a city with two sides. With as many as a 1,000 nongovernmental organizations in residence, rents are higher here than in much of Manhattan. In Kabul's most affluent area, Wazir Akbar Khan, once favored by Osama bin Laden's Arabs and now a Western enclave, $5,000 a month gets only a small, uncared-for house. Most of the owners are rich Afghans living abroad, and, according to real estate agents, many are Taliban commanders living in Pakistan and using the rent to finance madrassas and militia training. | <urn:uuid:69ce6362-d1c2-49a3-a559-a817613146ae> | CC-MAIN-2013-20 | http://allspinzone.blogspot.com/2004/07/land-that-bush-forgot-from-guardian.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704713110/warc/CC-MAIN-20130516114513-00005-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.968188 | 298 | 1.609375 | 2 |
(L–R) David Matthews (Chair of English Australia), Sue Blundell (English Australia Executive Director), Katherine Brandon (English Australia Professional Support and Development Officer), Professor Anne Burns (UNSW). John Gardiner, Amal Khabbaz, Brendan Brown, Adi Rotem, Megan Baker, Sara Kablaoui, Brigette Fyfe, Christine Vella, Dr Nick Saville (Cambridge ESOL)
Exciting research by two RMIT English Worldwide (REW) staff members, Amal Khabbaz and Sara Kablaoui, has been published in Cambridge Research Notes, Issue 48 May 2012. This quarterly publication reports on matters related to research, test development and validation within Cambridge ESOL.
Amal and Sara both come from Arabic-speaking backgrounds and have also both taught English in Middle Eastern countries. They collaborated on a Cambridge ESOL Action Research in ELICOS project in 2011 and presented their research and findings in September 2011 at the English Australia Conference in Adelaide.
Their research paper, ‘Developing reading skills of learners from Arabic-speaking backgrounds’, is one of six research projects published by Cambridge Research Notes.
Amal and Sara’s research focused identifying the difficulties and challenges Arabic ESL learners face when they read and respond to texts. They wanted to understand what Arabic learners need to do to develop the skills necessary to be able to enjoy reading books. The students were taught four reading strategies designed to address their reading difficulties. Amal and Sara observed the students and collected feedback via surveys. Their research showed that a systematic reading approach facilitated by regular class-based reading activities is invaluable in developing and refining reading skills for Arabic learners.
Ann Wright, Director of the REW Melbourne Language Centre, emphasised the importance of contributions from teaching staff like Amal and Sara in providing the best opportunity for international students to develop their English language skills.
‘We have a number of Arabic learners that come through the REW Melbourne Language Centre each year and understanding how they learn is critical to their success,’ Ann said.
Ann believes that as a leading ELICOS provider, REW is very aware of the needs of its students and that the English Academic Passport teaching materials coupled with the highly qualified teaching staff sets REW apart from other English language providers.
Ann goes on to point out, ‘Research projects such as this provide great professional development opportunities for teachers and REW is very pleased to support these activities. We are very proud of what Amal and Sara have achieved.’
A hearty congratulations must go to Amal Khabbaz and Sara Kablaoui for their hard work, valuable research and relevant findings—definitely something to read and think about!
To read this article, please click here. | <urn:uuid:b589ddd0-0f7f-4978-87b8-ab52c10f3677> | CC-MAIN-2013-20 | http://www.rmittraining.com/browse.aspx?ContentID=arabic_learners_getting_ready_to_read | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702810651/warc/CC-MAIN-20130516111330-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.946912 | 567 | 1.75 | 2 |
Anyone who has pitched VCs knows they are obsessed with market size. If you can’t make the case that you’re addressing a possible billion dollar market, you’ll have difficulty getting VCs to invest. (Smaller, venture-style investors like angels and seed funds also prioritize market size but are usually more flexible – they’ll often invest when the market is “only” ~$100M). This is perfectly rational since VC returns tend to be driven by a few big hits in big markets.
For early-stage companies, you should never rely on quantitative analysis to estimate market size. Venture-style startups are bets on broad, secular trends. Good VCs understand this. Bad VCs don’t, and waste time on things like interviewing potential customers and building spreadsheets that estimate market size from the bottom-up.
The only way to understand and predict large new markets is through narratives. Some popular current narratives include: people are spending more and more time online and somehow brand advertisers will find a way to effectively influence them; social link sharing is becoming an increasingly significant source of website traffic and somehow will be monetized; mobile devices are becoming powerful enough to replace laptops for most tasks and will unleash a flood of new applications and business models.
As an entrepreneur, you shouldn’t raise VC unless you truly believe a narrative where your company is a billion dollar business. But deploying narratives is also an important tactic. VCs are financiers — quantitative analysis is their home turf. If you are arguing market size with a VC using a spreadsheet, you’ve already lost the debate.
Read more posts on Chris Dixon » | <urn:uuid:308c96bd-af95-4745-9324-54d1d6dbe5bf> | CC-MAIN-2013-20 | http://www.businessinsider.com/chris-dixon-sell-vcs-on-a-stroy-not-numbers-2010-04 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368701852492/warc/CC-MAIN-20130516105732-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.942311 | 343 | 1.65625 | 2 |
Wildscreen, arguably the world’s most prestigious wildlife and environmental film festival, is coming to India, albeit in a highly abridged form. Award-winning films from last year’s festival will travel to Delhi, Kolkata, Pune and Chennai, where special screenings will be held. The programmes will also include workshops and presentations by some of the top wildlife filmmakers from the U.K., courtesy Wildscreen, the British Council and the British High Commission.
Wildscreen’s mission is to use the power of wildlife imagery to promote the appreciation and conservation of our living planet. During its 25 years of existence, the festival has become synonymous with excellence in wildlife filmmaking, and its Panda Awards are to wildlife filmmakers what the Oscars are to the makers of feature films. Held every two years at the Watershed Media Centre in Bristol, the festival is a fascinating mix of film screenings, debates, seminars, pitching sessions and master classes lasting an entire week. The delegates to Wildscreen, each paying about four hundred pounds to participate, represent every facet of this specialized industry – from powerful Commissioning Editors and seasoned pros, to wide-eyed wannabes hoping to strike that vital first deal.
Competition for the Panda awards is stiff, and it all begins with over 400 films from around the world being entered in over a dozen categories. The films vary in quality, from million dollar productions shot with the latest Hi-definition cameras, to small independent films made with no more than love and fresh air – and a Mini DV camera. A nomination jury, made up mostly of industry professionals, and a few specialists from other disciplines such as journalism and conservation, sift the meritorious from the mediocre. The final jury then views the short-listed films, usually four per category, and awards a Panda to the winner in each category. There is also a ‘Best of Festival’ prize in the form of the coveted Golden Panda award.
In the past, most entries to Wildscreen tended to be of the straight natural history variety, depicting ecosystems and animal behaviour. These highly expensive ‘blue chip’ films were the virtual monopoly of the U.K. and the U.S., two countries that boast a wide and dedicated television audience for wildlife films. In recent years, however, in keeping with changing tastes and concerns, a host of new categories have been introduced, including a Campaign Award and a News Award, in which content and conservation awareness take precedence over production values. This has provided an opportunity for filmmakers from other countries to compete, notably, from countries like India, where many filmmakers have talent but lack the resources to produce cutting edge natural history films. The success of a few Indian films at recent Wildscreens, mostly in the newly added categories, has made Indian filmmakers more aware of this festival. In the early 90’s there were usually just two or three Indian faces in the crowd. Today, over a dozen filmmakers from India regularly attend Wildscreen, either with a film in the competition, or just to establish contacts. In fact, among all the countries represented, India had the fourth largest number of delegates at Wildscreen 2004, the last one I attended.
This increase in numbers however, belies the sorry state of wildlife filmmaking in the country. Contrary to expectations, wildlife film production in India is not on an upward curve, but is actually a dying genre of filmmaking. Not only are there no incentives at all for wildlife filmmakers in the country, there are a vast number of obstacles that make survival virtually impossible.
Unlike IT or biotechnology, which generate thousands of jobs, bring in huge foreign investment and provide valuable services cheap to global markets, Indian wildlife filmmaking will do none of the above, and is therefore of little or no interest to the government. Indigenous television channels too seem to have no interest in wildlife, and are unlikely to venture into this specialized segment, given the cost and time involved in producing such programmes. With Discovery, National Geographic and Animal Planet having captured the niche audience for this type of programming, there is little incentive for homegrown channels to jump into the fray. But without local outlets that pay for and broadcast fledgling productions, aspiring wildlife filmmakers don’t have a chance to hone their skills. Lacking experience, they will not be able to compete with filmmakers from the West, who have a far greater degree of access to knowledge, techniques, equipment, opportunities and funding.
The other great obstacles faced by Indian wildlife filmmakers are the crippling costs of access to wildlife, and the non-viability of investment in new technology. All National Parks and Wildlife Sanctuaries in India are under the control of the respective state governments and special permits are required for filming in them. Apart from the red tape that is enough to quell most ambitions, there is no uniform policy or fee structure for filming. With the enlightened exception of one or two states, Indian wildlife filmmakers do not enjoy preferential rates for filming and have to pay the same exorbitant fees as foreign crews operating with budgets in pounds and dollars. Given that international budgets have dropped drastically during the last few decades, even foreign crews are finding India’s park fees hard to stomach. A good wildlife film can take over a year to shoot, but with the fees being what they are, Indian wildlife filmmakers cannot afford to spend the requisite amount of time gathering footage. Changing technology has also compounded the problem.
Until a few years ago, a really determined Indian filmmaker could just about scrape together enough money to buy a new or used 16mm or Digi-Beta camera and a few lenses, and either independently produce a film or get commissioned by a western broadcaster. That era has now passed into history, with the world firmly set on the path to Hi-Definition broadcasting. To protect their considerable investments in these programmes, most western broadcasters now only accept films shot with incredibly expensive Hi-Definition equipment. This is a huge challenge even for freelance camerapersons in the west. Most Indian filmmakers can only fantasize about owning this kind of equipment. Yet, without one’s own camera and specialized accessories, it is almost impossible to make wildlife films. Hiring the equipment from commercial rental houses is highly expensive and impractical, given the uncertain durations of shooting schedules and the hostile field conditions in which one has to operate in.
In the past, a few of us managed to ‘make it’ in the highly competitive world of international television through a combination of grit, native ingenuity, talent and, often, secondhand equipment. Could I do it again if I had to start from scratch today? I seriously doubt I have the financial muscle it would take.
While the Wildscreen Festival in India is extremely welcome, it’s potential impact on wildlife filmmaking in the country is debatable. That it will make more people aware of its existence is certain. It is also fairly certain that it will lure a few more hopeful aspirants to Bristol. But apart from Delhi, where a lot of aspiring filmmakers seem to live, the workshops scheduled for other parts of the country may not make much of a mark, given the general lack of interest in this genre of filmmaking. The most unfortunate thing is that even if the festival manages to inspire and enthuse a whole lot of young people, nothing will change until India relaxes its restrictive policies in wildlife reserves and adopts a reasonable fee structure for those producing documentaries.
WITH WILDSCREEN ARRIVING IN INDIA, SHEKAR DATTATRI LAYS OUT THE PITFALLS OF INDIAN ENVIRONMENT FILMMAKING.
THIS ARTICLE FIRST APPEARED IN TEHELKA MAGAZINE.
WILDLIFE & CONSERVATION FILMMAKING | <urn:uuid:8d64b1e8-4220-4dbb-8f9a-5daed31556a3> | CC-MAIN-2013-20 | http://www.shekardattatri.com/?page_id=84 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368706499548/warc/CC-MAIN-20130516121459-00012-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.948472 | 1,578 | 1.703125 | 2 |
|President Hu Jintao Meets with ROK President|
NEW YORK, Sept. 23 (Xinhua) -- Chinese President Hu Jintao met with his South Korean counterpart Lee Myung-bak on the sidelines of the UN meetings in New York Wednesday morning to exchange views on bilateral relations and issues of common interests.
Under the joint effort of both sides, China and South Korea have seen a rapid growth of bilateral links since they established diplomatic relations 17 years ago.
The two countries have maintained frequent contact between high-ranking officials, enhanced political trust, expanded trade and mutually beneficial economic cooperation, and deepened exchanges and cooperation in such fields as culture, education and science.
The two sides also strengthened communications and coordination on major regional and international issues such as cooperation among China, South Korea and Japan, climate change and international finance.
The heads of state of the two countries exchanged visits last year. They agreed on establishing a strategic partnership of cooperation in May 2008, opening up a new era of bilateral ties. They met again on the sidelines of the financial summit of the Group of 20 (G20) in London in April this year.
China and South Korea are both important neighbors and cooperative partners. Now China is the top trade partner, export market and source of imports of South Korea.
Hu is in New York to attend the UN climate change summit, the general debate of the 64th Session of the UN General Assembly and a Security Council summit on nuclear non-proliferation and disarmament. After the UN meetings, President Hu will fly to Pittsburgh to attend the G20 financial summit. | <urn:uuid:06c92139-c985-4556-a915-c842460e3f29> | CC-MAIN-2013-20 | http://www.china-un.org/eng/zt/hu2009summit/t606087.htm | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368701852492/warc/CC-MAIN-20130516105732-00002-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.936437 | 327 | 1.585938 | 2 |
Data on what doctors are prescribing is protected by the First Amendment, and pharma companies have every right to buy that information and use it to target their marketing efforts.
By Emily P. Walker, Washington Correspondent, MedPage Today, June 23, 2011
WASHINGTON -- Data on which doctors are prescribing which drugs is speech that is protected by the First Amendment, and pharmaceutical companies have every right to buy that information and use it to target their marketing efforts, the Supreme Court has ruled.
The nation's high court handed down a verdict Thursday in the
Sorrell v. IMS Health
case, striking down by a 6-3 vote a 2007 Vermont law that that bans the practice of data mining -- the sale and use of prescriber-identifiable information for marketing or promoting a drug, including drug detailing -- unless a physician specifically gives his or her permission to use the information.
Writing for the majority, Justice Anthony Kennedy said the goal of lowering the costs of medical services and protecting public health are laudable goals, but that the law doesn't advance those goals.
"Vermont seeks to achieve those objectives through the indirect means of restraining certain speech by certain speakers -- i.e., by diminishing detailers' ability to influence prescription decisions," he wrote. "But 'the fear that people would make bad decisions if given truthful information' cannot justify content-based burdens on speech."
Justices John Roberts, Clarence Thomas, Sonia Sotomayor, Antonin Scalia, and Samuel Alito joined Kennedy in the majority opinion.
Dissenting were Justices Stephen Breyer, Elena Kagan, and Ruth Bader Ginsburg, who argued that the Vermont law affects expression "in one, and only one way" -- by depriving data-mining companies of data that "could help pharmaceutical companies create better sales messages." That is more linked to legal government effort to regulate a commercial enterprise, and not speech protected under the First Amendment, wrote Justice Breyer. | <urn:uuid:13051a69-cb3b-4769-b8f3-21e591b5d6bc> | CC-MAIN-2013-20 | http://www.kdnuggets.com/2011/06/us-supreme-court-strikes-down-ban-on-data-mining.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368700264179/warc/CC-MAIN-20130516103104-00000-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.949279 | 401 | 1.507813 | 2 |
With all the factors involved in designing and building a Web site, one of the most important is often overlooked: Is your site easy to use?
Usability isn't the same as design. Just because you've hired a talented designer to craft your site and make it look great doesn't mean it's easy to use. Looking good is a completely different matter from working well! After all, plenty of beautiful sites have won design awards while losing customers by the thousands.
How many times have you gotten lost on a good-looking site or abandoned a purchase in frustration after you couldn't find the information you were looking for? If you walk into a brick-and-mortar store and can't find your favorite brand of gherkin pickles, you can simply ask an employee where they are. But on the Web, it's much easier for a customer to go to a competitor's site than to go through the trouble of sending an e-mail inquiry.
Whatever your business is about, your Web site will have specific goals, such as convincing people to:
- Subscribe to your newsletter,
- Fill out a survey,
- Purchase your product, or
- Inquire about a service you offer.
Usability is simply a gauge of how easy it is for your visitors to do these things. For an e-commerce site, usability is especially crucial. If people can't follow your navigation scheme, they won't be able to find your products. And if they can't find them, how can they buy them?
Obviously, a key measure of the success of your site is its efficiency in converting visitors to buyers. Yet did you know, according to market research from the Gartner Group, that more than 50 percent of Web sales are lost because visitors can't find the content they're looking for? And another study by usability consultants Creative Good estimated that improving the customer experience increases the number of buyers by 40 percent and increases the overall order size by 10 percent.
With results like these, why doesn't everyone test their sites for usability? Some people mistakenly assume that usability testing is too expensive, too time-consuming or too complicated to bother with, especially for smaller companies. Fortunately, usability doesn't need to be any of these things. While there are high-priced consultants who can do it for you, a do-it-yourself test can be very effective.
Setting Up a Basic Usability Test
While usability testing is most efficiently done as part of the process of creating a Web site, it can be done at any time to improve your site's effectiveness. If you're planning a design update or adding new elements to a site, it's crucial you begin the testing before you invest time and money in making changes.
To do a basic usability test, you just need to find a "sample group" of potential customers and ask them to perform simple tasks at your site--like purchasing a product, subscribing to a newsletter or locating specific information like your guarantee--while you watch them do it. Here are some simple steps to follow:
1. Decide when to test. You can test usability any time. In fact, even if you don't have a site yet, you can still test your initial design using rough sketches on paper that show the layout of key information and navigation links. If you're testing potential changes to an existing site, you can work from quick HTML mock-ups or use your designer's print-outs.
Obviously, the more detailed the testing prototype, the better the results, but you'll be surprised by how much information you can gather with even the roughest layouts.
If your site is up and running already, you can test your current design to flag any potential problems and increase its efficiency. Usability testing should be an ongoing process to fine-tune your site and make sure you aren't losing customers--and profits--unnecessarily.
2. Set your goals. Start by setting your testing priorities. Which of the actions your visitors perform are most important to your business? Focus on a few key things you want all visitors to be able to do, such as:
- Subscribe to your newsletter,
- Become a member,
- Add a product to their shopping cart, or
- Find answers to common questions.
These basic tasks are the "script" for the test. The more complicated the site, the more detailed the script. An e-commerce site selling plumbing supplies might use a script that looks something like this:
- Click the link for the page on which you think bathroom faucets are located.
- Find the American Standard "Ceratop" faucet.
- Are there any less expensive faucets?
- Add it to a list of items to buy.
- How much will it cost to ship the faucet to where you live?
- How long is the warranty?
- Complete the purchase.
As your testers work through each task, you'll be able to see how they use your site. Do they browse categories or look for a search function? Do they encounter any difficulties along the way? This is an incredible opportunity to get inside your customers' heads and watch what happens when they use your site.
You can also analyze your site's metrics to see what's not working. If an analysis of your Web logs reveals that tons of people are exiting your site from one or two particular pages, for instance, usability testing can be a good way to find out what's behind the high exit rate. This is especially crucial if these pages are part of your check-out process.
Note: If you can, get a test credit card number from your merchant account or gateway provider so your testers can complete test purchases. If this isn't possible, have the testers take the check-out process as far as possible, and then ask them what they'd expect to happen next.
3. Choose the right people. The people you choose for the test are important, as they should mimic the range of users you have (or want to have) using your site. Sit down and gather any customer demographic information you have to create a series of user profiles. What is their level of computer experience? How old are they? What special knowledge do they have (if your site serves a specific demographic or industry). A site targeting real estate professionals will have very different user profiles than a site selling skateboard wheels, so make sure your testers mirror your actual users.
Strive for a mix of computer experience that matches the mix you'd expect of your audience. Are most of your customers already comfortable with computers? Are there some newbies in the mix? You can recruit existing customers if you're testing changes to the site, but for an existing site, look for people who haven't used your site before.
Finally, don't worry about getting a large pool of testers: You only need five or six people to identify 80 percent of the main problems that may be affecting your sales.
Note: It's common practice to pay testers for their time and effort. And while using Uncle Henry or Bob from accounting may save you $40, they're likely to skew the results if they don't reflect your target audience and are already familiar with your site.
4. Prepare for the testing. Set aside a clean, quiet place where there will be no distractions, and provide a comfortable chair for the tester. Place a chair for yourself slightly behind the tester so you can see where they're clicking as they complete each task. (You'll be monitoring your testers one at a time, so you'll only need enough room for yourself and the tester.)
Have your tasks and questions--your script--written down, and be ready to take notes. If you have a video camera, you can also tape the test (with the camera looking over the tester's shoulder towards the screen). Before you start the actual test, run through the script yourself to make sure all the links are working, that the tasks make sense, and that the video equipment captures the detail you'll need to see.
5. Run the test. Before you start the test, explain to your testers that it's the site you're testing, not them. Let them know that they can't do anything "wrong," and tell them to surf the same way they normally would. The more relaxed and natural they are during the test, the better your results. Then ask them a few questions about their level of experience, how often they use the Web, and what they know about your company and products, so you can better understand their reactions.
Start at your homepage, and ask them what they think your site is about. This can be a good way of judging how successfully you're welcoming new visitors. Throughout the test, encourage your testers to think aloud while they work through the tasks you've set out for them, so you can get a sense of their expectations.
Next, work through your prepared script. Ask the tester to attempt various tasks and answer the questions you've prepared, while checking their expectations with questions such as "What do you think you'll be able to do here?" and "Before you press that button, tell me what you expect to see next." While you should take notes and follow the script, be flexible enough that you can pursue any responses that may take you by surprise.
During the test, be sure not to guide the subject. Watch that you don't provide any hints, suggestions or even answers that will influence their actions. If they can't complete a task, simply ask them what they expected to have happen and how they'd fix the problem, then move on to the next task.
If testers have a problem or become confused, don't assume you know why. Ask what the problem is, and then paraphrase their answer back to them to make sure you aren't bringing your own bias into the test.
6. Keep an eye out for the following actions.
Hesitation. If your tester's mouse cursor hovers over a link, ask them what they're thinking. Hesitation often means they're trying to figure something out, and it usually indicates a problem. In a perfect design, the user doesn't have to think--everything makes sense and the next step is always clear.
Once you've thanked your guinea pigs for their time and the tests are finished, go over your notes. You're looking for general patterns and behaviors, not details or specific statistics. Did most users get stuck at the same place? Did more than one person hesitate over the same button?
Backing up. When users back out of a page (using either their browser's "back" button or the site's navigation), it's often a hint that their expectations weren't met. Perhaps they thought the link would take them somewhere else or they've lost track of where they are in the site.
Unexpected routes. Did your tester take a different route than you expected through the site to accomplish a task? People tend to have different ways of navigating Web sites. Did they use their browser's back button three times to retrace their steps rather than clicking once on your navigation links? It may be a sign they've lost their way or haven't noticed the links.
Extended reading. Unless a page contains a long sales letter or a newsletter, users shouldn't have to read too many instructions to make their way through your site. Usability isn't just about buttons and navigation; it's also an important test of your copy. Can your visitors find the information they're looking for, and do they understand it?
The biggest sticking points should reveal themselves pretty quickly. Once you've identified the main roadblocks, use your testers' suggestions about how they'd fix them or what they'd expect to find as a basis for a solution, and then test the solution before you implement it! As with any testing, make sure you change only one thing at a time so you always know exactly what's responsible for any improvement.
And throughout the testing process--from coming up with the script to implementing the changes--try to keep an open mind and trust your users. Their feedback is not a criticism of you or a reflection of how much time you've spent on your site. In fact, the more time you've spent working on it, the less objective you may be about how it works.
Note: If you rely on third-party solutions like shopping carts or payment systems, you can't always change the way they work to improve usability. If testing reveals serious problems, it may be worth investigating and testing other solutions, even if they're more expensive. After all, a poorly designed shopping cart system that's causing half your customers to abandon their purchases is no bargain!
A big part of usability testing involves looking at your site from your customers' point of view. Sure, your programmer or Web designer may have a bunch of perfectly valid technical reasons for setting up things the way they are, but your goal shouldn't be to make things easier for your programmer or designer at the expense of your customers' experience.
As you surf the Web over the next few weeks, keep an eye out for usability issues you come across on other sites--basically anything that makes you back up, curse, stop to figure out the next step, or stare blankly at your screen. Make a note and bookmark these sites for future reference.
And make sure your site isn't guilty of common usability blunders like these:
- If a potential customer forgets to fill in their zip code when they submit an order form, will they lose all the information they already entered and have to start over again? If so, you'll likely lose a number of potential customers at this point.
- Your site's navigation scheme must be clear and intuitive. If your users have to guess at the meaning of vague icons or have to squint to read an obscure typeface, you're making them work too hard.
- Usability also takes into account other issues, such as load time. Research shows that if the time between a viewer's click and the appearance of a new page is more than six seconds, they get distracted and are likely to move on--probably to your competition!
These days, there are certain expectations regarding how a Web site should look and how it should work. For instance, research shows that most people expect to see a "home" link in the top left corner of a page, and that they look for internal links down the left as well. Now, you could argue that internal links look better or make more sense along the right side, but in the end, usability isn't about what "makes sense" or looks good to you, it's about what works for your average visitor. And if 90 percent of your users expect to find your navigation along the left side of the page, then the left side is what works!
Sometimes the simplest solution is the best. Links that look like buttons get clicked on more often simply because they look like something that can be clicked on. The first thing anyone who surfs the Web learns is that blue, underlined text is a link. If you start making your links look different for the sake of prettying up your site, you risk losing functionality.
Finally, don't reinvent the wheel just for the sake of being trendy. Your Web site is a business tool first and foremost. Study sites that have a similar function to yours and look for common approaches. Amazon.com, for instance, has helped set standards and expectations for how an e-commerce site should be organized. While you don't want to simply copy successful sites, it makes sense to adopt some of the same navigation techniques. After all, with millions of customers using a site like Amazon.com, chances are your visitors will be familiar with their approach. Take advantage of this familiarity and apply the usability strategies other successful sites have found to be effective to your site--then focus on testing to fine-tune the way your own site works.
Still not convinced you should test your site's usability? Make no mistake: If you don't test your site, your visitors and customers will "test" it every day! The problem is, if they're having trouble using your site, they won't take the time to send you a note offering helpful suggestions--they'll just check out your competition!
Internet marketing expert Corey Rudl has gained popularity because what he teaches are not theoretical approaches to online marketing but real examples of what works when it comes to having a successful business on the Internet. He's also the author of the bestselling how-to guide, Insider Secrets to Marketing Your Business on the Internet. For free tips and resources, please contact email@example.com. | <urn:uuid:3dfd7399-4f84-41c5-9ce8-a4c2ef06cd23> | CC-MAIN-2013-20 | http://www.imakenews.com/ephilanthropy/e_article000492759.cfm?x=b86Mjws,b2Rn7p5W,w | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368707435344/warc/CC-MAIN-20130516123035-00017-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.957938 | 3,426 | 1.664063 | 2 |
SEN virus detection in thalassemic patients infected with hepatitis C virus.
ABSTRACT HCV infection is known to be associated with clinical complications in thalassemic patients. D and H genotypes of SEN virus (SENV) are associated with blood-product transfusion and possibly non-A-to-E hepatitis. In this study, SENV viremia and its effect on liver ALT level in thalassemic patients, thalassemic patients infected with HCV, and HCV-infected patients were examined. Semi-nested PCR was conducted for detection of genotype H and D DNA, and the level of alanine aminotransferase (ALT) was measured. There was no significant difference in the mean ALT level in the studied groups and between SENV-positive and SENV-negative individuals. The results also showed that SENV infection does not affect the ALT level in these patients. | <urn:uuid:bd71a005-2959-4da4-983e-242a8eac2879> | CC-MAIN-2013-20 | http://www.researchgate.net/publication/230712020_SEN_virus_detection_in_thalassemic_patients_infected_with_hepatitis_C_virus | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705559639/warc/CC-MAIN-20130516115919-00013-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.96482 | 197 | 1.664063 | 2 |
The First Morning
Petalwink the Fairy: New Arrival
Hummingbirds are not known for patience. At their size and at their speed, the wait of the world is a long slow blur. This was especially true one very special morning, moments before the sun burst forth yellow and all was still a periwinkle calm. The barely-breeze was laden with jasmine, pine and dew. Some birds, the ones who were celebrating having gotten their worms, were already limber with singing.
One hummingbird hovered repeatedly over an unopened day-flower’s bud in Newman Forest. The morning glory’s soft furry tendrils fingered their way around twigs and young tree branches, every day reaching ever higher, pulling the plant closer to the sun so its happy faces could smile in the light.
This unopened bud seemed to hold such promise, the pearlescent green hummer couldn’t wait to be the first to taste its nectar. But there was something more about this one particular blossom, closed in a tight lustrous twirl of purple and pale green. It glowed from inside.
And then in a moment, in a soft flash of glory (like its name), the flower sprung open as the sun popped over a hill and the hummer drew back like a zipper. But he did not fly in for a sip, instead he chirped a twitter of approval and did a dance mid-air; in the center of the blue flower, stretching as if waking from a long nap, appeared a tiny radiant thing: ethereal and sweet, Petalwink the Fairy, herself the size of a hummingbird, appeared on the scene. Her glimmering periwinkle hair only a few inches long, yet reaching her waist, reflected the color of her resting place. Her tiny bug-like features, dainty and exquisite, were alert and expressive. Her iridescent aqua wings, like ornate poplar leaves, buzzed as quickly as the hummingbird’s in a blur of pale blue as she fluttered them awake.
Fairies like Petalwink, though without parents, are never orphans. They are born of joy, laughter and the delight of a child. Their very surroundings provides all that each forest resident could ever need: encouragement from a nodding flower, soft kisses from butterflies, lullabies from the crickets. Such was the case with Petalwink. Though she did not have parents as we think of parents, still she is parented with tender loving care. Her home, Newman Forest, is a place of possibility and promise; always in a season of renewal, glimmering with hope, color, and the radiance of sheer magic.
As Petalwink yawned and stretched and took in the sights, sounds and scents of the Forest, she very naturally made her way to the Fairy Ring at the heart of the forest in Violet Valley where the toadstools mingled with tiny viola plants. The Fairy Ring is a meeting place for fairies and their animal friends, a place of celebration and a place of introduction. There Petalwink was met by other fairies, frogs, birds and bugs and she felt she had always been home.
Morning heaved her gentle breath and caused leaves and feathers, petals and boughs, to whisper an invitation to celebrate. Fairies emerged as if from nowhere, each glimmering in a rainbow of colors, and as they converged on the fairy ring, it was as though the forest floor was a living bouquet. A lime green genteel Gardner snake with a silken neck tie, named Bliss Squiggle, slithered into his place; a cobalt-furred rabbit with overalls, grumpy George Rabbit, clomped out from a tangle of grass; Mayor Malone, a monocled emerald toad adjusted his vest; Birdie, an ostentatiously dressed nuthatch, whose chirp was as loud as her plumage, descended from above; a jade-hued diminutive frog with an orange and white polka-dot bow tie known as Francis leapt eagerly to attention, smacking his lips after swallowing a bug. Ladybugs came to light from the velvet underside of unfurled leaves and a gorgeous fat yellow and black striped honey bee with a cute hat hovered in a suspended drone above them all.
Petalwink the Fairy took her place in the center of the vibrant arena. Her purple and blue hair, fine as cobweb silk, fluttered near her tiny magenta rose-clothed waist. Her periwinkle skirt of fine vinca petals caught the rich morning light and glowed above her skinny green sprouts-for-legs. Yellow baby holly berries bejeweled her skirt and her sleeves. Her mini elfin shoes, coordinating with her petal skirt padded her feet. And in her hair, the tiniest pink daisy sat atop her green headband. Her pale skin, the color and quality of moonlight, glowed rosy at her cheeks and her movements were so quick and her eyes so bright, it was no wonder “wink” was part of her name. She was the blossoming of a flower, that magic moment of nature’s revelation.
She twirled and waved and the Forest unanimously broke out in a welcome chorus. Pixie dust as confetti fluttered all around and dewdrops made a slideshow of rainbows on every surface.
Petalwink the Fairy had arrived! | <urn:uuid:0ee686e0-6abe-4a16-942b-e09381e01936> | CC-MAIN-2013-20 | http://petalwink.com/blog/the-first-morning/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368699881956/warc/CC-MAIN-20130516102441-00009-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.966162 | 1,159 | 1.757813 | 2 |
Posted 23 December 2010 - 11:14 AM
I tend to think it's a class thing. I was reading an article on the reception that Kate Middleton is getting among many class-conscious Britons since her engagement to Prince William. In Britain, her status is as a commoner, not a royal, and some people are upset at the mixing of common and royal blood. In Britain, class is about birth and breeding. Americans don't have the same view of class; though we do have class distinctions, they are based more in money, education, and tastes than in birth. And of course, in America, you can change classes fairly easily.
Think about it - if you're an American, can you call to mind a mental image of a person who would have pink flamingo statues and lawn gnomes on their front yard? Perhaps a wooden cutout that resembles the backside of a heavyset woman bending over to do her gardening? Call that person to mind, now go inside their home. Would you be surprised to find a Kinkade painting in their home?
Americans like to protest that we are not class conscious, but we are, just in different ways. That's not to say there's no such thing as objectively better or worse art. But "taste" is often shaped by what class a person lives in - and what class they want to shun or avoid. Christian intellectuals and artists often want to shun their lower-class backgrounds, and aspire to be part of the "elite." I think the strong dislike of Kinkade's paintings stems - in part - from this impulse. | <urn:uuid:e98f196a-d2ba-4d45-acd4-14990a8082a0> | CC-MAIN-2013-20 | http://artsandfaith.com/index.php?showtopic=4071&st=80&p=237153 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704392896/warc/CC-MAIN-20130516113952-00006-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.975859 | 329 | 1.726563 | 2 |
Crime Magazine is about true crime: organized crime, celebrity crime, serial killers, corruption, sex crimes, capital punishment, prisons, assassinations, justice issues, crime books, crime films and crime studies.
LaStella Restaurant Queens, NY
When 13 mobsters sat down for lunch at La Stella restaurant in 1966, authors and journalists began to speculate on the meaning of the meet - and that speculation continues to this day. The lunch became known as "Little Apalachin."
by Allan May
Reporting organized crime events is far from an exact science. Take the La Stella restaurant incident for example. In 1966, 13 members of organized crime were arrested at an Italian restaurant in Queens, N.Y. The next morning the arrests appeared on the front page of The New York Times, which called the affair "Little Apalachin."
Why were the men meeting and having lunch together? Various sources have various takes on that: "They had assembled…to discuss pressing problems in the underworld – particularly, the Bonanno situation," wrote Gay Talese in his highly acclaimed best seller on the Bonanno crime family, Honor Thy Father.
Ernest Volkman, in his much maligned Lucchese Family tale, Gangbusters, reports that the meeting was held to discuss the successor to the terminally ill Tommy "Three Fingers Brown" Lucchese. Volkman also states that before the police arrived "flashbulbs suddenly went off," and that the gangsters’ table was surrounded by news photographers." | <urn:uuid:2c9bd3c5-745a-4274-9c17-2f08f6317b90> | CC-MAIN-2013-20 | http://www.crimemagazine.com/power-lunch-%E2%80%93-mob-style?page=23 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705953421/warc/CC-MAIN-20130516120553-00002-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.97434 | 313 | 1.828125 | 2 |
What it is: A tasty gluten-free, wheat-free blueberry lemon bar
With all those products, it’s next to impossible to sample everything that crosses my doorstep, so I share. Share with food banks, shelters and, of course, friends and neighbors. With the latter, I always request feedback — if they rave, I take a second look.
When products are gluten-free, I offer them to my friend Diane, who has celiac disease, or my doctor, whose son has the condition. Diane tried, liked and shared one particular snack bar with co-workers. All raved about them, not just as a good gluten-free snack, but also as a good snack. So I re-tried them and found them to be quite tasty, which is how Pamela’s came to be a FeaturedBite.
As the name suggests, Pamela’s Oat Blueberry Lemon Whenever Bars do contain their namesakes. They’re moist snacks, sweetened with agave and coconut sugar. And one bar adds only 170 calories!
Bryan: The rise of gluten-free products in the United States has been nothing short of phenomenal. This has to be the fastest growing food category of all time! While other “crazes” have also had some short-term boosts, nothing seems to have grabbed the American mindset like the concept of eliminating gluten from diets. Every time the wind changes direction, so does product labeling. In the midst of the Atkins Diet hype, many food packages were touting their “low carbs” or “no carbs.” When fat again became the enemy, “low-fat” and “no-fat” slogans were also on the rise. Generally, nothing is actually changed in the food product itself; the company just makes a marketing choice, playing to the most common themes of the day. So, what’s trending now in food labels? What’s the most popular food component to avoid? It’s not sugar, it’s not carbs (sort of the same thing), it’s not fat – it’s gluten!
“Gluten,” you ask? Not familiar? Well, gluten in many ways can be thought of as the building block of civilization. Say what you will, but I guess we’ve gone far enough as a society that we no longer need our foundation. Gluten is a part of wheat. Wheat is what allowed mankind to turn from hunting/gathering to farming, and the social contract wasn’t too far behind. More scientifically, gluten is a protein composite found in foods made from wheat (though it is also found in related grains like barley and rye). Gluten is what gives elasticity to dough, what gives bread its chewiness. Generally, bread-making flours are high in gluten while pastry flours are lower in gluten content. But, no matter what, if it’s baked, it likely has got gluten. So, why would you want to avoid such a staple of human dietary history? Well, odds are it really doesn’t make much of a difference to you unless you’re one of the 1 percent of people in the United States who are sensitive to gluten due to a rare condition called celiac disease. The disease causes abnormal reactions to gluten that can include rashes and other undesirable effects.
You’re probably asking yourself right now why something that affects only 1 percent of the population is becoming the “new food craze.” Why does getting rid of gluten matter if you’re not allergic to it? Well, there are various schools of thought that say that, allergic or not, gluten is not the best component of a healthy diet. Though still hotly debated, there is absolutely nothing wrong with taking some gluten out of your diet – it will certainly do you no harm! The main problem is, most gluten-free products are closer to taste-free than they are to “new and improved,” since in 99 out of 100 times, removing the gluten also removes the flavor. I don’t know why, but it’s like taking the sugar out of soda and replacing it with a sugar substitute. You can say it tastes the same, but you’re not fooling anybody.
That’s what makes a quality gluten-free baker even more amazing. It’s really hard to keep all the flavor when removing the gluten, so when it’s done properly, it’s amazing! Enter Pamela’s. Pamela (the founder) also had wondered why gluten-free had to mean flavor-free and why the health food industry was less interested in taste than in nutrition, especially when both can be (artfully) combined. So, in 1988, she founded Pamela’s on the premise that gluten-free foods can taste great, and boy, can they!
Pamela puts out a number of great-tasting products, including baking mixes, biscotti, cakes, cookies and bars. The bars are the perfect breakfast or snack for anybody (not just celiac sufferers). These are super good! Sweet blueberries combined with a touch of lemon create a wonderfully satisfying snacking experience. The bars are made from gluten-free oats and are only lightly sweetened with agave and coconut sugar (so also low-fat and low-carb). These tick every health box you can imagine, but more importantly, they tick all the flavor boxes too! Sometimes you can have your cake (bars) and eat them too.
Eric: As a foodie, it’s incredibly helpful, almost easy, to rate and discuss a product when the target market is created from a subset of close friends — especially close friends with good taste. Gluten-free products might be a trend, but the celiac disease sufferers who depend on the products are consistently loyal — and they want taste when it comes to their food.
With so many gluten-free products on the market, it really does become achallenge to garner, sample and rate everything. So again, why not go with the opinion of those who care, those who rely on the products for sustenance? And when they’re right, they’re usually very right. Pamela’s Oat Blueberry Lemon Whenever Bars are a prime example of gluten-free done right. Subtle in flavor, moist in texture and deceiving in taste… they’re the real thing.
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Barclaycard is now offering a record 27 interest-free months to pay off your debts.
Greggs hails 'pasty tax' U-turn
The Government is to drop plans for a so-called pasty tax
Bakery chain Greggs is celebrating following the Government's U-turn on the unpopular "pasty tax".
Chancellor George Osborne caved in on his plans to charge the 20% rate of VAT on hot baked snacks such as pasties and pies.
The climbdown, which followed a campaign to scrap the tax that was supported by 300,000 signatures, saw Greggs shares rise 8%.
Greggs chief executive Ken McMeikan said: "This is fantastic news for the customer more than anything. If we had to put up prices by 20% in the current marketplace when consumers are having a very difficult time we expected there would be an impact on sales but we don't know what it would have been. I think the Government deserves to be applauded."
The U-turn means the 20% tax will now be charged only on cooked pies and pasties that are kept hot, but not those that are still warm after coming from the oven.
Mr McMeikan said the new rules had cleared up anomalies in the tax system and would mean bakers who kept their savoury products hot would now not be able to avoid paying VAT. He added: "It's a much clearer, workable way forward. We are very pleased for our customers."
The Treasury also scrapped plans for 20% VAT on static caravans and will instead charge 5% from April 2013 rather than October.
Graham Stuart, Tory MP for Beverley and Holderness, said: "We are delighted. It is great news for the manufacturing industry and also for the park and coastal communities all around the country."
The U-turns on pasties and caravans, which in total will cost the Treasury some £70 million, won praise from coalition backbenchers - some of whom rebelled against the Government in the Commons - but were mocked by Labour.
Shadow Treasury minister Chris Leslie said: "They are not U-turning out of the kindness of their hearts, it is because they are being forced to do so. What a chaotic way to run a country. How on earth can you have a budget process that unravels in a day when you've got this kind of shambolic business?"
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- 75 %I have never switched current accounts | <urn:uuid:12368d11-ef41-491e-89c2-2e116267cd49> | CC-MAIN-2013-20 | http://money.uk.msn.com/greggs-hails-pasty-tax-u-turn | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368700958435/warc/CC-MAIN-20130516104238-00014-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.966119 | 633 | 1.523438 | 2 |
E-mail from The Heritage Foundation
President-elect Obama’s advisers have indicated that his administration will impose startling and unprecedented regulations on the economy.
The Obama administration would act quickly to implement the Environmental Protection Agency’s proposed controls on carbon dioxide, which amount to a massive new energy tax
. Why do they want to move so quickly? They say their rules are in response to the dangers posed by global warming.
But the truth is that these rules would hurt Americans by driving up gas prices, food prices, transportation costs, and the price of manufactured goods. This greatly outweighs the negligible benefits the regulations might provide the environment.
This intrusive regulation will cost the American economy nearly $7 trillion dollars in lost GDP in just 20 years, and result in massive job losses. Heritage’s respected Center for Data Analysis estimates non-farm employment losses will exceed 800,000 in some years, and manufacturing jobs will plummet. Some industries would lose over half of their jobs. (Some liberals claim that environmental legislation such as this could add “green” jobs
, but these new jobs would be offset by larger losses elsewhere.)
Government permits would be needed to expand small businesses and build homes, hospitals and schools. To add insult to injury, foreign competitors will not have to abide by these regulations, leaving American businesses at a disadvantage.
In times of economic uncertainty, the last thing American workers, consumers, and families need is more tedious regulation and costly obstacles engineered to limit and tax American economic growth.
That’s why we need your help. Visit http://www.stopepa.com/
today to tell the bureaucrats at the EPA what you think about these disastrous regulations.
The EPA’s deadline for comments is November 28th, and your voice for economic freedom will make a real difference in this fight.
We appreciate your support for conservative ideas.
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Edwin J. Feulner, Ph.D. | <urn:uuid:77d2fdec-2735-45cf-8aad-3c1b44aff656> | CC-MAIN-2013-20 | http://forum.beemaster.com/index.php?topic=18573.msg138260 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368699273641/warc/CC-MAIN-20130516101433-00000-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.950074 | 402 | 1.570313 | 2 |
As we discussed a couple of posts ago, solar energy is doing nothing if not growing and creating jobs while helping lower our carbon footprint as a nation. But to put a finer point on it, there are some trends forecasted for solar energy by Earth2Tech’s Ucilla Wang.
Wang discusses the leaps and bounds made in the solar energy industry abroad that were spurred by government involvement in the E.U. But Wang also outlines why and how the U.S. will become a solar powerhouse over time, and how 2011 may be a benchmark year to that end.
A main reason for this, Wang notes, is the recent extension of the solar grant program by the U.S. Congress — this grant, when applied to the cost of solar installations for American consumers, makes it possible to subsidize roughly a third of the cost. With this extension, more Americans can continue to choose solar at reasonable costs, and the numbers of Americans who will make the choice to go solar is expected to increase rather dramatically.
In addition to the extension of government grants, Wang also tells us about banks and big business getting on the solar bandwagon. While we have seen some of this in 2008-2010, more of it is slated to be coming down the pike in 2011 and beyond.
Some of the top solar and other alternative energy companies are now offering all kinds of incentives for residential and commercial properties — they know that giving consumers and business owners a leg up with the initial cost of solar equipment and installations will be an excellent long term investment for their portfolios.
If you’d like to hear about which solar tax rebates you qualify for or you’d like to schedule a free in-home consultation for a solar panel or solar water heater installation in Phoenix, give us a call. Adair representatives are happy to answer your questions and get you started on your solar journey. | <urn:uuid:db1b6961-fba1-4928-88eb-090a72a27085> | CC-MAIN-2013-20 | http://www.adairsolar.com/blog/2011/01/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705195219/warc/CC-MAIN-20130516115315-00004-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.939411 | 385 | 1.835938 | 2 |
Federal Judge Sharon Lovelace Blackburn
Judge Sharon Lovelace Blackburn, a George H.W. Bush appointee, just issued an opinion striking down parts of Alabama’s newly-enacted anti-immigrant law
. Although the opinion blocks several of the law’s provisions, including the provision making it a crime for undocumented immigrants to work, the opinion leaves untouched a provision of Alabama law requiring public schools to systematically determine the immigration status of public school students and to report the number of undocumented students in their district to the state.
Very few undocumented families will be willing to send their children to public school if the school is collecting data on whether or not they should be deported. Accordingly, today’s decision is a victory for Alabama’s efforts to intimidate undocumented families from sending their children to school, and will almost certainly encourage state lawmakers who share Alabama’s hostility towards immigrants to enact copycat laws.
It’s not at all clear, however, that this decision will be upheld on appeal. Judge Blackburn’s opinion relies on irrelevant distinctions, misrepresents binding Supreme Court precedent, and even ignores the plain language of the Alabama law. The meat of the law being challenged in this lawsuit provides that:
Every public elementary and secondary school in this state, at the time of enrollment in kindergarten or any grade in such school, shall determine whether the student enrolling in public school was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States and qualifies for assignment to an English as Second Language class or other remedial program.
The statute accomplishes this goal by setting up an elaborate records checking process. First, all school children are required to present their birth certificate to the school. If the child was born outside the United States or they fail to provide a birth certificate, then their family must either provide the school with official documentation of the student’s immigration status or swear under penalty of perjury that the child is lawfully present. All children whose families fail to complete these steps will be presumed to be in the country illegally.
Bizarrely, Judge Blackburn concluded that this decision does not violate a Supreme Court decision forbidding states from requiring immigrants to register with the state. Even more bizarrely, Blackburn also concluded that the Alabama law “does not compel school officials to determine the immigration status of a parent of a student.” Perhaps she missed the part of the law where it says that “[e]very public elementary and secondary school in this state . . . shall determine whether the student enrolling in public school was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States.”
So the good news is that Blackburn’s reasoning is very weak and is unlikely be particularly convincing to a court of appeals. The bad news is that her decision appeals to the extremely conservative United States Court of Appeals for the Eleventh Circuit — the same appeals court that recently ignored nearly 200 years of Supreme Court precedent to strike down part of the Affordable Care Act.
Additionally, it is worth noting that today’s decision rested solely on the narrow legal grounds that Alabama’s law is not “preempted” by federal law. It did not consider the looming question of whether the Supreme Court’s decision in Plyer v. Doe, which forbids public schools from denying an education to undocumented immigrants, invalidates Alabama’s attempt to systematically intimidate undocumented families against sending their kids to school. A group of immigration advocates filed a lawsuit claiming that the Alabama law violates Plyer and a decision could come down on that case as soon as today.
Should the Alabama law ultimately be upheld, however, it will do nothing to actually deport the millions of undocumented families living in the United States. What it will do, however, is create an entire generation of Alabama residents who, having been denied their right to be educated, will grow up with few options other than crime or exploitation. | <urn:uuid:ca7a3a9f-80a4-44f9-8508-1a5c27c4f6db> | CC-MAIN-2013-20 | http://thinkprogress.org/justice/issue/page/2/?m=201109&mobile=nc | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704713110/warc/CC-MAIN-20130516114513-00016-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.960513 | 821 | 1.609375 | 2 |
On Friday the Virginia Supreme Court threw out the state's anti-spam law, and with it the 2004 conviction of large-scale spammer Jeremy Jaynes, on the grounds of First Amendment overbreadth. While not disagreeing that Jaynes was guilty as charged and convicted, they found that the law could place too great a burden on non-commercial speech. CAUCE president John Levine commented in this blog entry.
While CAUCE is dismayed at this outcome, we see little practical effect beyond this single case. This case predates the Federal CAN SPAM law, which does not have the First Amendment issues of the Virginia law, which would clearly apply if Jaynes were to do the same things today he did in 2003. Nor do the other state anti-spam laws have similar overbreadth issues. CAUCE believes that it is possible to create more effective anti-spam laws than the weak CAN SPAM without running afoul of First Amendment issues and will continue to work to help pass them. | <urn:uuid:6842e55c-587e-47d1-a562-30c3df4b7646> | CC-MAIN-2013-20 | http://www.cauce.org/2008/09/index.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696383156/warc/CC-MAIN-20130516092623-00000-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.970314 | 209 | 1.5625 | 2 |
Marguerite Joseph, 104, entered her real age when signing up to the social networking site, but was presented with an error message.
After her granddaughter Gail Marlow helped her select her birth year as 1908, Facebook automatically changed it to 1928.
Joseph has stayed at 99 years old on the site for the last two years due to the bug.
Her granddaughter updates the Facebook page for her and replies to all the messages on her behalf. Her grandmother mostly uses the site to stay in contact with relatives across the US and Canada.
Marlow told WDIV-TV that she has sent messages to Facebook's Mark Zuckerberg to help fix the issue, but has not received a reply.
A Facebook spokesman said: 'We've recently discovered an issue whereby some Facebook users may be unable to enter a birthday before 1910.
"We are working on a fix for this and we apologise for the inconvenience."
The granddaughter added: "I would love to see her real age on Facebook. I mean, in April she's going to be 105. It's special." | <urn:uuid:b10dfd5a-0848-48d0-a7ae-b167822a23c3> | CC-MAIN-2013-20 | http://www.digitalspy.co.uk/odd/news/a460738/104-year-old-facebook-user-forced-to-lie-about-age-due-to-bug.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705559639/warc/CC-MAIN-20130516115919-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.963798 | 219 | 1.59375 | 2 |
Get the latest military news and headlines delivered to your inbox every weekday morning.
VOORHEES, N.J. - It struck Christine Zinser a year ago, as her son Philipp was finishing high school and heading into the Marine Corps: At all the season's award banquets, while there were honors for those heading to military academies and college ROTC programs, the graduates who were enlisting were not recognized.
"I don't think anyone ever thought about the perception or the difference," Zinser said.
But she did.
And before long, the mother of four in Fairfax County, Va., found Ken Hartman, a former school board member in Cherry Hill, N.J., who had launched Our Community Salutes in 2009 after noticing something similar in his school district in a well-off Philadelphia suburb. The group holds ceremonies around the country to honor the high school graduates who are joining the military.
The efforts have expanded from a single ceremony in New Jersey in 2009 to 22 around the country this year - including one Zinser orchestrated for students in northern Virginia and others as far-flung as Portland, Ore., and Jackson, Miss. The group expects to recognize about 4,700 students this year. More events are already being planned for 2013.
"It's critical that these kids feel like their community is supportive of them," said Hartman, who runs Drexel University's online learning program. "If they're deployed and they're in a strange town in Afghanistan, they need to know they have their community's support. We're the first to say `thank you.'"
For military-bound grads, this is not exactly the Vietnam era, when support was tepid.
They say their decisions to enlist may have surprised friends and family - but they hear about pride, not anger concerning their choice.
"They don't think it was weird. I guess they thought it was kind of out of the blue," said John Sabatino, of Somerdale, N.J., a 17-year-old who is heading to the Army's Fort Benning for basic training later this month after he graduates from Sterling High School. "They're nervous for me. My girlfriend's nervous for me."
Sabatino, who has been working out and studying Army protocol to prepare for basic training, joined in part because his stepfather is a recently retired soldier and he sees how much respect he gets for serving when strangers have shaken his hand and thanked him.
But Sabatino hasn't been honored formally in school for his choice.
Like Sabatino, Joshua Molinas, an Overbrook High School senior from Pine Hill, N.J., was among about 40 students to attend the Our Community Salutes banquet last week for Camden County recruits. It was held at a Voorhees catering hall. Among the 400 guests were several military officers. Music was from an Army Reserve jazz combo. A local television reporter was the master of ceremonies and Vince Papale, the former Philadelphia Eagles player whose life story was the subject of the movie "Invincible," spoke. The enlistees all received certificates showing that they'd been recognized by state and federal lawmakers.
Molinas said he decided the military would be a good path to his goal of becoming a New Jersey State Trooper and getting an education paid for.
His mother, Jean Henriquez, was happy to have the event and the reassurance it brings with it. "It's good to have because it shows me that they want him to be safe and it will help a lot with his future," she said.
Some of the speakers at the event were addressing worried parents as much as the recruits.
One, Army Maj. Gen. David L. Mann, oversees recruiting for the Army and talked about the sound qualifications of military recruits.
"They are better than most of their peers," he said in his speech, "not in an arrogant way, but because they chose a harder path."
Even if the graduates are not hungry for recognition, it can be helpful to their parents, said Zinser, the mother from Fairfax, Va. "You can be proud with other people of what your child has decided to do," said Zinser.
Toni Stinson, who is organizing this week's inaugural Our Community Salutes event in Fredericksburg, Va., got involved with the all-volunteer group after her request to have military-bound graduates in her son's class wear special cords at graduation was rejected.
She said the value is bigger than making parents feel comfortable. As the wife of a career Marine and a mother of a recruit, she knows plenty about military life - and has been to plenty of military funerals.
"The community may not get another opportunity to thank these kids," she said. "Half of them will be in Afghanistan within a year." | <urn:uuid:5c936efc-ea6d-416c-827f-0fad129a8084> | CC-MAIN-2013-20 | http://www.military.com/daily-news/2012/06/04/ceremonies-arise-to-recognize-military-bound-grads.html?comp=7000023317843&rank=5 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698207393/warc/CC-MAIN-20130516095647-00012-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.986898 | 1,002 | 1.8125 | 2 |
A number of Seqwater sites have designated swimming areas. Please remember to use your common sense and don’t swim after drinking alcohol. While your safety is important to us, it is your responsibility. From time to time it may be necessary to close Seqwater's dams, especially if there has been heavy rainfall or algae outbreaks. Notices about these closures will be published on the Public Notices and Safety page. For an organised event involving on-water aquatic activities, an application for an Aquatic Event Permit must be submitted to Maritime Safety Queensland www.msq.qld.gov.au.
There are accessible tracks for hiking at most of our lakes. There are a limited number of multi-purpose tracks that also permit biking.
All activities are not necessarily permitted at every site. Signs at each track will clarify which activities are permitted. If you are unsure if a particular activity is permitted at a site, please contact Seqwater at email@example.com or talk to one of the on-site Rangers.
Please be aware that you are in a water supply catchment so stay on the designated paths and help protect the valuable landscape.
Domestic animals are usually not permitted on Seqwater land (with the exception of seeing-eye dogs). Read Seqwater's policy on domestic pets and other animals in recreation areas and catchments.
Dams are part of the natural environment and visitors are reminded to be careful with local fauna. Visitors are encouraged to carry a first aid kit as mobile phone reception is limited in many areas.
The safety of our visitors is important to us. For your safety and the safety of others we would ask that all visitors observe the following:
- Please comply with all the signs displayed, including traffic signs and parking.
- Keep an eye out for hazards including for example, uneven surfaces, glass or metal on the ground, submerged or floating objects in the water.
- Do not start a fire (except in a designated fireplace) or leave a fire unattended
- Do not leave a water tap running.
- Do not undertake any activity that is likely to interfere with the safety of others | <urn:uuid:6a5c35d0-d273-4505-81d6-f345705f3117> | CC-MAIN-2013-20 | http://www.previous.seqwater.com.au/public/recreation/swimming-hiking-and-other-activities | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368699881956/warc/CC-MAIN-20130516102441-00003-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.94829 | 444 | 1.679688 | 2 |
The success of an inner-city gang prevention and intervention program, combined with the support of the San Manuel Band of Mission Indians, moves to the Inland Empire
By Yussuf J. SimmondsSentinel Managing Editor
"When the power of love overcomes the love of power the world will know peace."--Jimi Hendrix
On August 3, Stop the Violence Increase the Peace Foundation (STVIP), in conjunction with the San Manuel Band of Mission Indians (SMBMI), will host a press conference signaling the opening of the Inland Empire's first certified gang prevention training course on the campus of California State University, San Bernardino. Khalid Shah is the founder and executive director of STVIP and James Ramos is the chairman of the SMBMI.
It will be the first of its kind college course, funded in part by San Manuel Band of Mission Indians, and will train (20) community students, parents, public and social administrators to identify signs of gang membership, resolve community conflicts, understand the history and the migration of gangs to the Inland Empire, and a complete review of the nationally approved, Office of Juvenile Justice and Delinquency Prevention (OJJDP) Comprehensive gang model.
It also has the support of the political, community, faith-based and law enforcement communities and student leaders. The Gang Prevention & Intervention Program is a 20-week course that teaches prevention and intervention strategies, substance abuse, conflict resolution and peer mediation. The Tribe's contribution will help sustain the program and allow people to attend this course through scholarships.
According to Kenneth Shoji of the San Manuel Band of Serrano Mission Indians Office of Public Affairs, "The program started with a school program for fourth-graders where they were taught by Native Americans from the San Bernardino community--a very diverse community. People have seen Native Americans as they are and are learning lessons from them about their daily contemporary lives, show their history and that they are not just museum people."
Furthermore, as an indigenous community the origins and history of the San Manuel Band of Serrano Mission Indians connect the people to the land and to all who share it. These connections have shaped "our" culture, traditions and present lives. Today "our" Serrano ancestral lands, which included much of the Inland Empire, are shared by many.
As a part of the charitable giving program on the website of the SMBMI, it reads: "From the strength of the past, let us build a brighter future."
Followed by: "As the tribe's economy has grown, we have drawn upon our history, knowledge, expertise and cultural values to direct our philanthropic giving in our local region, as well as to Native American causes nationwide."
The first class will run from August 2010 to January 11, 2011 and additional support is expected from Young Visionaries Youth Leadership. | <urn:uuid:fb39c5d2-7f33-485b-ab6c-7a4ae5c9b7e1> | CC-MAIN-2013-20 | http://www.lasentinel.net/index.php?option=com_content&view=article&id=3784:gang-prevention-program-goes-to-the-college-campus&catid=65:education&Itemid=155 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698924319/warc/CC-MAIN-20130516100844-00008-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.943772 | 581 | 1.726563 | 2 |
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Fear stalks the streets of Osh, as rumors of mass killings and rapes run wild.
OSH, Kyrgyzstan — Rumors of alleged atrocities helped stoke the inter-ethnic conflagration that raged in this southern Kyrgyz city over the past week, and they are now threatening to unravel an uneasy peace.
News that an angry Uzbek mob broke into a local dormitory and raped (and killed, depending on which version you heard) two Kyrgyz female students quickly spread through the ethnic Kyrgyz sections of Osh last Thursday evening. The story struck a particular nerve — Kyrgyz and Uzbeks are traditional societies (and both Sunni Muslims) and react to issues of sexual violations with particular severity.
It didn’t matter that the information wasn’t true — the Uzbeks did not step foot in the dormitory. Within hours, a cry went up through the ethnic Kyrgyz sections of the city, calling for revenge.
“My sister called me at 1:30 in the morning,” said Rustam, an ethnic Uzbek married to a Kyrgyz. “She said, ‘The Kyrgyz are rising up, they’re saying that the Uzbeks are cutting them to pieces.'”
The Uzbeks, for their part, had their own rumors that they were reacting to. On that fateful Thursday night, a crowd of several hundred of them did in fact go on a rampage, burning businesses and breaking windows. But participants say that they were responding to reports of a series of confrontations between Kyrgyz and them the previous days, which also may not have been entirely accurate.
Many observers here and abroad — including U.S Secretary of State Hillary Clinton — suspect that the anti-Uzbek pogroms that subsequently swept over Osh and then neighboring city Jalal-Abad like a prairie fire might have been the work of outside forces.
The initial altercations that sparked the fighting could have been intentional provocations, as was the manner in which the news was quickly disseminated. And the revenge mobs that quickly formed and descended on the Uzbek neighborhoods may have been organized in advance. United Nations High Commissioner for Human Rights Nari Pillay called the attacks “orchestrated, targeted, and well-planned.”
Uzbek houses and business went up in flames. As many as 2,000 people may have died, according to Kyrgyz President Roza Otunbayeva. This figure may climb even higher.
But the events that led to the slaughter are still taken at face value. Despite the fact that the dormitory in question is located in central Osh and can be easily reached, no one disputes the allegations of what happened there — including the mayor’s office, which backs up this version of events.
But even if the pogroms were orchestrated, they still found strong support among the Kyrgyz population; the reports of the Uzbek crowd’s alleged atrocities are still used as justification for what transpired to their entire community afterwards.
“The Uzbeks started all this — they’re the guilty ones,” said Kasym Anarbaev, director Osh-Gu University, standing not far from where the dormitory is located. “They broke into the dormitory and raped and strung up those girls.”
Responding to the question of why so many Uzbeks needed to suffer for what might have been the actions of a few hundred enraged rioters, Daniyar, a ethnic Kyrgyz soldier wielding a Kalashnikov (and who preferred to give only his first name) simply said: “Those Uzbeks should have thought about the consequences before they started this. They got what was coming to them.”
Amid the jumble of facts and rumors, accusations and counter-accusations over who is ultimately to blame for the violence, one fact is indisputable: both Kyrgyz and Uzbeks are terrified of what may come next. | <urn:uuid:c824dcfc-825a-4cf0-bdad-70c879065172> | CC-MAIN-2013-20 | http://www.globalpost.com/dispatch/europe/100619/kyrgyzstan-osh-uzbek-ethnic-cleansing | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368697380733/warc/CC-MAIN-20130516094300-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.970045 | 840 | 1.554688 | 2 |
The following position was offered relative to the title. “This has always been a great question for retailers”. Should we attack the bottom line by focusing on shrink, cost of goods or gross margin?
During the post we answered the areas of shrink and cost of goods and services. The question now is how would we focus on gross margin and what would the bottom line impact be?
Let’s begin by restated our gross margin assumption. If we assume that COGS or cost of goods and services is about 75% of top line revenue that would result in a simple gross margin of 25%. Now that we know our gross margin, it is pretty simple to measure the impact. The first step is to look at the categories which generally fall into gross margin reduction such as the expense category. Examples might include employee benefits, construction, insurance and not for resale purchases etc.
We already know that our gross margin dollars are equal to 25% of our fictional company’s sales of $1B or $250M. Therefore the impact to the bottom line at most could be a percentage of $250. The next logical step is to look for the largest category spends with in the gross margin area. Let’s assume that employee benefits are 15% of payroll costs and that payroll costs for our fictional company are 15% of revenue. For our $1B retailer payroll would be $150M and benefits would be 15% of that or $22.5M. If we attacked health benefits costs and were able to reduce them by 20% the improvement to the bottom line would be $4.5M or 45%. This would certainly be a worthy target, but would not impact net profit as much as our shrink or COGs models as discussed yesterday. To summarize the impact to net profit as discussed in both posts.
1. COGS up to 300%
2. Shrink up to 100%
3. Gross Margin up to 45%
Please remember these numbers are fictitious.
We look forward to and appreciate your comments. | <urn:uuid:61dfd32e-1564-419b-ada6-ac5d6381b7ea> | CC-MAIN-2013-20 | http://blog.safesourcing.com/2010/06/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368703682988/warc/CC-MAIN-20130516112802-00007-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.974195 | 420 | 1.695313 | 2 |
- European governments, led by France and Germany, are set to establish a European Monetary Fund, or EMF, with the aim of reducing economic instability across the eurozone by creating an institution to bail out indebted countries. (UK Times)
“Once upon a time, nations took pride in their strong currencies, seeing them as symbols of economic and political power. Nowadays it seems as if the foreign-exchange markets are home to a bunch of Charles Atlas’s 97-pound weaklings, all of them eager to have sand kicked in their faces.”
FX Trading – Maybe the Buck Loses the Next Race to the Bottom
Now that global recovery is gaining momentum, according to the pundits, and risk appetite is back on the table, maybe the US dollar index is due for correction:
Today, the dollar is testing the uptrend line going back to early December ’09; that’s when this rally began.
No doubt near-term the risk appetite train, and all its tight correlations strapped to it, may hit the buck. But the game may have changed on the correlation front. Already we have seen a bit of breakdown between the dollar and the stock market. Interestingly, given the big run up in stocks on Friday, gold prices were flat. Maybe Mr. Market is telling us he isn’t going to make it so “easy” for us to discern tight correlations going forward.
From a currency perspective, we think now many competitors are in the race to the bottom. We think these competitors are in a position now to race faster than the buck and then take the crown the US dollar has so consistently defended since the bear market began in 2002.
Overriding reason why the competition wants to run weaker than the dollar: despite the trend of improving manufacturing and order books globally, there is still a huge question about the sustainability of final demand for these goods.
Europe: Final demand will likely be soft given austerity ... and will plunge if the “accident in the making” happens.
Japan: They continue to make it clear to the market their economy is in trouble and they will provide liquidity and lower rates as far as the eye can see.
UK: They look to be the sleeper in this race to the bottom. The case is built by the experts why it makes sense for the pound to jump out into the lead. The below excerpt is from a piece written by Anatole Kaletsky, “Rejoice—the pound is down again;” it appeared in the TimesOnline today:
A weakening pound is good for Britain at present, not only because it tends to boost economic growth by making British goods and services more competitive on world markets, but also because it will help to rebalance the structure of the economy. If Britain has become overly-dependent on consumption, housing and government spending, then a weaker currency is one of the most effective ways of redirecting resources towards exports and manufacturing. And manufacturing is not the only sector that benefits from a weaker currency. Financial and business services will also enjoy a boost from the weakness of the pound. The City of London mostly bills its customers in dollars and euros, but pays costs denominated in sterling. As the pound has fallen, therefore, Britain’s financial and business services have become much more profitable, helping to offset the increased taxes and regulatory costs and discouraging the exodus of business from London to Geneva or Singapore.
The first qualification to the general rule that a weak currency is good for the economy is that, while a weak currency helps businesses and boosts profits, it hurts the purchasing power of the British people who want to spend their money on foreign goods, holidays abroad or villas in Spain.
The second, more substantial, objection to a weak currency is what it can do to interest rates, if the Bank of England reacted to the falling pound by raising short-term interest rates or if investors responded by selling British government bonds and thus driving up long-term rates.
This is what often happened in “sterling crises” in the bad old days when Britain’s economic managers were obsessed with trying to fight off the speculators attacking various artificial currency regimes, most recently the European exchange-rate mechanism, which blew up in 1992.
Since 1992, however, neither the Bank of England nor the Treasury has made any effort to “defend” any particular value of sterling — and the chances of the British authorities suddenly deciding to do so in the future are virtually nil. And as long as the Bank keeps short-term rates near zero, long-term bond yields will also remain very low, as they have in Japan. This will remain true, almost regardless of how much money the Government needs to borrow, for the simple reason that banks will continue to be guaranteed an enormous profit if they can borrow for next to nothing from the Bank of England and then lend-on the proceeds to the British Government at interest rates of 3 or 4 per cent.
Anyone who believes, therefore, that a weakening pound will somehow force British interest rates to move sharply higher has not been paying attention to the changes in economic management, not only in Britain but around the world, since the early 1990s. In this new philosophy, a weak currency is something to be desired and encouraged during periods of recession, when employment and output need additional stimulus.
Europe wants a weaker euro. Japan wants a weaker yen. Switzerland wants a weaker franc. The UK wants a weaker pound. China wants to export. Ditto the rest of the Asian block; a group that has tried hard to keep a lid on their currency values having to compete against the Chinese trade juggernaut.
Commodity currencies look fairly valued. But the buck looks increasingly undervalued given the needs of the rest of the world. And this goes to the point we made a few weeks back -- it behooves the global economy for the dollar to rally; these are the potential benefits:
- Increases purchasing power of the world’s largest pocket of consumers to take all the goods others wish to export
- A stronger dollar could likely improve the sentiment regarding the Treasury market quality, the world’s premier “risk free” asset class
- Pressure valve opens for Europe if the dollar rallies
- China can maintain its peg and point to its acceptance of a strong domestic currency as a result; this may help blunt protectionist pressures
- A rising dollar and stock market has the possibility to create a positive self-reinforcing flow of much needed capital for real infrastructure build within the US
So, no doubt it seems a dollar correction, or at least consolidation, may be due. But longer-term, unless the US government decides to get in the way (which we can’t underestimate those chances), it would seem a rising dollar may be just what is needed by the major players.
Of course, all bets are off given a major accident occuring out there.
We don’t think the dollar rally bet is off because any type of major risk event (European default or China contraction on credit troubles are just two that seem in the mind of the market) will likely rally the dollar on safe haven. But said accident would likely be incredibly damaging to the global economy growth momentum underway and enough to drive that double-dip recession many are still so worried about. That would change the dynamics for all the competing currency classes ... and a new race begins.
- Stronger Dollar simple logic we think! 14:36 01 October 2008
- Something may not wash? 13:03 18 June 2010
- Will Our Hero Engender A Bounce? 12:05 10 October 2008
- Swiss Central Bank Fallout and Some China Chit-Chat 08:50 02 July 2010
- Twelve Themes of Christmas (guesses, wishes, and concerns) 10:56 24 December 2009 | <urn:uuid:fef649da-645e-4c8a-9a5a-6d0c852ce739> | CC-MAIN-2013-20 | http://www.babypips.com/blogs/currency_currents/maybe_the_buck_loses_the_next.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705953421/warc/CC-MAIN-20130516120553-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.952101 | 1,607 | 1.601563 | 2 |
The leaders of France, Germany, Italy and Spain have agreed to push for a growth package worth up to €130 billion ($163 billion) at a European Union summit next week that’s intended to kick-start the economy and safeguard the currency bloc.
President Francois Hollande of France, German Chancellor Angela Merkel, Spanish Prime Minister Mariano Rajoy and Italian Premier Mario Monti, playing host, provided few details beyond agreement on pursuing a financial transaction tax - something Germany has championed.
Economists said the size of the growth package would be modest, about 1 percent of the euro alliance’s gross domestic product. But they said it marked a recognition by Merkel that more government spending would be needed.
“It is at least a step in the right direction,” said Ted Truman, a former international economics advisor at the Federal Reserve and at the Treasury Department in the Obama administration. “The tone has changed, in part because the German economy has not been doing as well recently.”
Merkel has come under rising pressure to give ground on key pro-growth measures.
“We say that growth and solid financials are two sides of a coin,” she said. “Solid financials are not sufficient.”
Monti, who met with his fellow leaders at a government villa in Rome, is trying to build a bridge between Merkel’s insistence on fiscal discipline and the focus on growth by recently elected Hollande. He acknowledged that steps taken so far have not been sufficient, and that markets and European Union citizens alike need to view the euro currency as “irreversible.”
“We maintain that if four countries as important and diversified as ours can find a convergent line, this can help force a strong consensus at the EU Council,” Monti told a closing press conference.
Monti has warned of severe consequences for the 17 countries that use the euro and the world economy if next week’s summit fails.
“A large part of Europe would find itself having to continue to put up with very high interest rates, that would then impact on the states, and also indirectly on firms. This is the direct opposite of what is needed for economic growth,” Monti said in an interview with six European newspapers published Friday.
Without a successful outcome at the summit “there will be progressively greater speculative attacks on individual countries, with harassment of the weaker countries,” Monti said.
The €130 billion growth package discussed at the Rome meeting could include funds from unspent European Union structural funds, the European Investment Bank and European "project bonds" - debt sold to finance cross-border infrastructure projects.
Yet it's hardly a long-term answer to the crisis.
"We still have miles to go before we get to any meaningful solutions to Europe's problems," said Sung Won Sohn, an economics professor at the Martin Smith School of Business at California State University.
A major challenge, Sohn noted, is how to strengthen Europe's banking system.
The European Central Bank said Friday that it will make it easier for banks to receive its loans by accepting more kinds of securities as collateral. The shift could support Spain's hard-pressed lenders, though it means more risk for the ECB's own finances.
Europe's banks will have greater access to ready cash amid the turmoil of the region's debt crisis. The ECB has been offering unlimited loans at its 7-day, one-month and three-month credit offerings to steady the banking system. But banks must have something they can put up as collateral.
The proposed financial transaction tax would charge banks 0.1 percent of the value of sales of stocks or bonds, and 0.01 percent per derivative contract with the proceeds going to fund future bank bailouts. However, at a meeting of finance ministers from the 27 countries in the European Union in Luxembourg Friday, only 10 member countries were prepared to support the idea.
The Rome meeting caps an intense week for Europe in which markets have been roiled on fears that the region's governments will not come up with adequate measures to fight the debt crisis and that Spain and Italy might soon need bailouts that the rest of the eurozone could not afford.
There are fears that an economic crack-up in Europe could drag down the entire global economy. Europe is a substantial trading partner with the rest of the world. Any deep recession in Europe will be felt in the order books of other leading economies - including the United States.
At a meeting of Eurozone finance ministers in Luxembourg on Thursday night, the head of the International Monetary Fund warned that the euro was under “acute stress” and urged leaders to consider measures - including jointly issuing debt - to alleviate the pressure on the region's debt-stricken members.
“We are clearly seeing additional tension and acute stress applying to both banks and sovereigns in the euro area,” Christine Lagarde said at a meeting of finance ministers late Thursday.
Germany has strenuously opposed the issue of joint debt - or eurobonds - because, while it would immediately ease pressure on countries like Spain, German taxpayers would be put on the hook for foreign debts, and Germany's cost of borrowing would increase.
Asked in Luxembourg what Germany would think of her suggestions, Lagarde smiled and said “We hope wisdom will prevail.”
Lagarde also Thursday said it was necessary to break “the negative feedback loop” that occurs when governments take on more debt to bail out their banks.
In Rome, Hollande said eurobonds need to remain a possibility “and not in 10 years,” without specifying a timeframe. Rajoy spoke favorably about Monti’s proposal to use bailout funds to buy bonds of vulnerable countries like Italy and Spain on secondary markets.
The leaders said they would spend the coming days lobbying their EU counterparts.
A growing number of international leaders have called on Merkel and the eurozone to find quickly a comprehensive solution to the debt crisis rather than continuing to take piecemeal measures that provide only temporary relief. At this week's G-20 summit of world economic powers in Los Cabos, Mexico, politicians, including U.S. President Barack Obama, called on Europe to do what was necessary.
Speaking at an economic forum in St. Petersburg, David Lipton, first deputy managing director at the International Monetary Fund, urged European leaders to act quickly: “The markets are beginning to question the viability of the European monetary union itself. It's very important that eurozone countries address the long-run question: Where is the architecture of the European monetary union going?”
“It’s good that there is recognition that they have to move beyond austerity,” said Luis Garicano, head of economics and strategy at the London School of Economics. “But the big decision is not the move beyond austerity, it is to set up the short-term and long-term architecture for the Euro to separate the sovereign risk and the financial risk.”
The meeting was moved up by a few hours to give Merkel time to fly to Poland to watch Germany play Greece in a European Championship quarterfinal match. The game pits the teams of Europe's strongest economy, Germany, against the eurozone’s most troubled, Greece. The just-installed Greek leader had no immediate plans to attend. | <urn:uuid:f305e091-ad5c-4232-ab7a-351fba08f953> | CC-MAIN-2013-20 | http://english.alarabiya.net/articles/2012/06/23/222209.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698924319/warc/CC-MAIN-20130516100844-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.960447 | 1,510 | 1.554688 | 2 |
Have you heard? Menopause is a spiritual transition.
It is a grand and sacred occurrence that demands deep self-nurturing from within. During this phase of life, women, and the men around them, are asked to journey into unknown inner terrain and embrace feminine energies in an unusual way. At the very least they are guided to find a balance of both masculine and feminine energies inside themselves.
On the surface, menopause is still often defined as a sort of temporary state of being based on a hormonal shift. And in concert with its superficial design, not in deference, it is time to remember the deeper mysteries of the body as they reflect the constant flux and re-balancing of humanity and spirit, yin and yang.
Unlike its centuries-old predecessors, or even its pre-1990's representatives, menopause no longer inspires visions of old gray crones on rickety limbs, old maids or even granny-hood and retirement. Youthful, vibrant and wise women are instead the ambassadors of this passage. In Goddess circles, there is a new term for those in this particular cycle of life: they are Queens!
Pretty much all women in any stage of menopause will tell you--whether it be pre, peri or post--this is a time of incredible growth and multidimensional change, especially if it is navigated naturally. One physical symptom can encourage a thought or an emotional response, which if given the least bit of attention can lead to moments of great inspiration and epiphany. In reverse, acknowledgement of that same creativity and connection can be traced back to an uplifting sense of physical warmth and well-being, and an aggravating hot flash, depending on the person or the moment.
Whether a conscious voyage or not, menopause will almost always call on the deepest forms of inner strength and stamina, self-worth, inherent confidence and capacity for sometimes excruciating inner expansion, even when hormone replacement therapy is the preferred method of management.
There's only so much a false floor can hold.
Certainly an appropriate word when applied to any attempt to control menopause (as with HRT or even herbal support), management can potentially make the ride a bit smoother for a while. Yet, there is another option. Mastery, an essential practice of curiosity, self-compassion, positive outlook, intriguing emotional balancing acts and deft juggling, physical health, as well as a focus on spiritual connections, or devotion.
Truthfully, we all eventually realize there is no controlling much of anything in life, much less this wondrous cycle in spite of its many unmarked capillaries to denial. The creative power of menopause is unfathomable, and that is no exaggeration. Women may as well look upon this as a transcendent event because it will take them into the shadows of the unknown whether they are ready or not. Mastery--skill, understanding and virtuosity among other definitions--is proportionally a much more accommodating vein through which the grander energy currents can move and flow.
Unfortunately, menopause is not really seen by the outer, non-menopausal world as anything beyond some sort of middle-aged, physical event or, strangely, a day marking the end of menstruation. It's different now. Consider this: 11 years ago, out of approximately 281.5 million people, there were 32 million women in the US between the ages of 35-49. That's over 11 percent of the total US population.
Today those same women are now between 46-60 years old, in some part of the menopausal cycle. Along with that incredibly large and influential portion of the populace, we can thank Dr. Christiane Northrop for its current state of visibility. Since the publication of "Women's Bodies, Women's Wisdom" in 1994, many interesting and informative books have been published about menopause, its physical, emotional and even spiritual aspects. They are filled with personal stories, information about how to alleviate symptoms and the management of life during menopause.
No one yet, has written a book about truly the mastering energy of the female body during menopause. There are several key sections & chapters in a book about mastering the energy of menopause:
Meanwhile, here are some questions to ponder in present time or for future reference:
-How do women take practical command of their own spiritual journey during menopause?
-How do they find mastery here, and then help to guide the next generation through this incredibly demanding and magical time in life?
-What if some day down the road access to herbs and supplements, not to mention pharmaceuticals, were denied to the average person?
-What if there were no more candles or bathtubs filled with sea salt, CD's and ipods, chamomile tea?
-What if there were no more external substances and outside remedies to ingest?
-What if we were asked to find a way to communicate with the true God and Goddess of our hearts, as opposed to some fluffy ideal that makes us feel good...temporarily?
-What if, humanity was one day fully blessed with remembrance and guided toward a gateway into the deepest most inherent part of our beingness?
-Would we know the way? Would we have the courage to step through the gate, to embrace the truth of our inner sanctuary and essence?
-Would we be willing to nurture ourselves enough to find that gate and to sustain that once beyond it? | <urn:uuid:52d40192-8507-46e6-8bb3-e733958b0887> | CC-MAIN-2013-20 | http://www.mark-anthony-mohamed.blogspot.com/2012_05_01_archive.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368708766848/warc/CC-MAIN-20130516125246-00004-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.952401 | 1,125 | 1.59375 | 2 |
Politics and Legislation
Rep. Black’s healthcare prescription doesn’t include the government
Rep. Diane Black (R-Tenn.) is a woman of firsts.
She was the first member of her family to receive a degree in higher education, an A.D. in nursing from Anne Arundel Community College in 1971.
She was the first freshman member of the 112th Congress to have a bill become law, and she was one of only two freshmen appointed to the House Ways and Means Committee.
There’s one thing she’s already experienced ahead of many others, though, that she has no desire to see again: universal healthcare.
Black got into politics because of her opposition to TennCare, a statewide pilot program for universal coverage that was launched in 1994 as the Clinton White House was pushing for healthcare reform.
Its goal was to expand coverage to Tennesseans who were uninsured and those who had preexisting conditions. It was also supposed to help rein in the Tennessee Medicaid budget.
The program, still in existence today, covers approximately 1.2 million Tennesseans under a budget of $8 billion, according to the TennCare website.
But Black, who worked as a full-time nurse until her election to the Tennessee state Senate, says that the system has been plagued with issues like overuse since its launch.
One of her biggest issues with TennCare was its lack of limitations.
The program’s initial 3-tier structure provided coverage for those eligible for Medicaid, for the uninsured, and for uninsurable people with preexisting conditions. Almost exactly one year after TennCare went into effect, the second tier was temporarily closed off to new enrollees because of massive enrollment.
Black says she saw the problems firsthand in her nursing work.
“People would consistently use an emergency room when they could have gone to either a walk-in clinic or waited to see a family practice doctor for minor things [such as] a sore throat, which really clogs up an emergency room,” she said.
“I’d say, ‘You know, you maybe don’t need to be in the emergency room. You could see your doctor tomorrow about this.’ And they [would say], ‘Well I got to work tomorrow,’ or ‘I got somewhere to go tomorrow so I really need to be seen today.’
“If you don’t have skin in the game, then those are the kind of [decisions] you will make.”
Unnecessary emergency room visits weren’t the only problems that Black had with TennCare.
Scalia: Future cases could establish new ‘limitations’ on guns
Justice Antonin Scalia said there “are some limitations that can be imposed” on the purchase of guns but would not say whether a legislature could ban semi-automatic weapons or 100-round magazines.
“We’ll see,” the Supreme Court justice said Sunday when asked in an interview on Fox News whether a legislature could restrict the purchase of those items in the wake of the movie massacre in Aurora, Colo.
Scalia authored the high court’s 2008 opinion in District of Columbia v. Heller, which ruled that the Second Amendment protects an individual right to bear arms and invalidated a D.C. ban on handguns.
Scalia noted that as to more specific restrictions on gun purchases, his opinion said those will have to be decided “in future cases.”
“Some undoubtedly are [permissible], because there were some that were acknowledged at the time” of the writing of the Constitution, he said on “Fox News Sunday.” “So yes, there are some limitations that can be imposed. What they are will depend on what the society understood were reasonable limitations at the time.”
Scalia pointed out that the Second Amendment did not apply to “arms that cannot be hand-carried,” such as cannons.
The conservative justice described, as he has many times before, his “textual” approach to interpreting the Constitution, which requires that its provisions be read according to their meaning at the time of its drafting. New gun restrictions, he said, would be weighed “very carefully.”
“My starting point and probably my ending point will be what limitations are within the understood limitations that the society had at the time,” he said. “They had some limitations on the nature of arms that could be bought. So we’ll see what those limitations are as applied to modern weapons.”
In the wide-ranging interview, Scalia defended his view that “there’s simply no way to interpret” the individual mandate at the center of the 2010 healthcare law as a tax – the finding by Chief Justice John Roberts Jr. that prevented the law from being overturned.
“You don’t interpret a penalty to be a pig. It can’t be a pig,” Scalia said of the ruling. “You cannot give the text a meaning it will not bear.”
He would not describe the internal deliberations of the Supreme Court on the landmark case and demurred when asked if Roberts changed his mind on the decisions, as has been reported.
“I don’t know. You’ll have to ask him,” Scalia said. “I don’t talk about internal court proceedings. Never ever.”
He did say that not only had he changed his own mind on certain decisions after the initial deliberation but that he had even changed his mind on majority opinions that he was assigned to write.
Opinion: Capitalism works in the Capitol
There are three Senate office buildings.
They stretch up Constitution Avenue running away from the Capitol itself.
It is a considerable distance from the farthest office building, the Hart building, to the actual Capitol. This distance can be covered either by walking outside when the weather is nice, or by taking a tramcar that runs between the buildings.
If you prefer, you can walk underground through a labyrinth of tunnels and hallways.
In one of these hallways, across from the Senate barbershop, is a little coffee and sandwich shop called “Cups.”
For years the Senate food service — which was run and owned by the Senate at the time — attempted to operate this coffee shop.
It lost money. It served lousy coffee, and few people went there.
Someone in the Senate management, to their credit and the benefit of the American taxpayer, decided to lease the location.
Kathy and Charlie Chung won the contract, and have been running the business since 2001. They are first-generation immigrants from Korea who had run another coffee shop on Capitol Hill, but not as part of the Capitol complex.
“Cups” is difficult to find. It is in the middle of one of the endless basement corridors, which weave through the Senate office buildings — somewhere in the Russell building — and it has no significant signage or easy accessibility.
Still, Charlie and Kathy have managed to take a place that had lost money when it was run by the Senate and turn it around.
It is a successful and, one presumes, rather profitable business.
Kathy is irrepressibly friendly and upbeat — and there all the time.
Charlie, who has a degree in architecture, works incessantly to make sure the coffee shop is supplying what customers want, for food and atmosphere.
Sometimes, but not often, Kathy lets Charlie take a day off and go fishing.
He has never caught anything, at least according to Kathy. Wives say things like that.
They have two very talented children. Their son went to Johns Hopkins and is becoming a lawyer. Their daughter went to Virginia Tech.
It is a simple coffee shop in the basement of the Russell Senate Office building.
It is also a definitive statement that President Obama, when he says small business-people do not create their success, when he says government does, is wrong.
Two Democratic lawmakers on Monday will announce new legislation to regulate the online and mail-order sale of ammunition.
Sen. Frank Lautenberg (N.J.) and Rep. Carolyn McCarthy (N.Y.) said the new law would make the sale of ammunition “safer for law-abiding Americans who are sick and tired of the ease with which criminals can now anonymously stockpile for mass murder,” in a statement released Saturday.
The lawmakers cite the recent movie massacre in Aurora, Colo. for spurring their bill.
“The shooter who killed 12 and injured 58 in an Aurora, Colorado movie theater this month had purchased over 6,000 rounds of ammunition anonymously on the Internet shortly before going on his killing spree, according to law enforcement officials,” the statement reads. “The shooter used a civilian version of the military’s M-16 rifle with a 100-round drum magazine, a shotgun and two .40-caliber semi-automatic handguns commonly used by police officers.”
Lautenberg and McCarthy, who will unveil their new proposal at New York’s City Hall say they intend to “make it harder for criminals to anonymously stockpile ammunition through the Internet.”
Lautenberg and McCarthy are two high profile advocates of gun control legislation, but they face an uphill struggle in Congress.
Senate Majority Leader Harry Reid (D-Nev.) said last week that he does not intend to bring gun control legislation to the floor and President Obama has been reluctant to press lawmakers to act on the issue in an election year.
Democratic senators though have offered an amendment to the cybersecurity bill that would limit the purchase of high capacity magazines by some consumers. Sen. Charles Schumer (D-N.Y.) defended it last Thursday as a “reasonable” gun control measure.
The amendment is identical to a separate bill proposed in January 2011 by Lautenberg also banning the sale of high capacity ammunition magazines.
After the shootings in Colorado, the New Jersey senator urged lawmakers to reconsider his bill.
“We need to start today on efforts to prevent the next attack,” he said in a statement. “We should begin by passing my legislation to ban the sale of high-capacity gun magazines. No sportsman needs 100 rounds to shoot a duck, but allowing high-capacity magazines in the hands of killers like James Holmes and Jared Loughner puts law enforcement at a disadvantage and innocent lives at risk.”
Loughner, the gunman charged in the shooting of former Rep. Gabrielle Giffords (R-Ariz.) and Holmes, who is the lone suspect in the Aurora theater shootings are both believed to have used high-capacity magazines.
Pentagon warns sequester cuts will lead to ‘unready, hollow’ force
A top Pentagon official warned Congress on Wednesday that sequestration would be a “major step” to creating “an unready, hollow” military force, as lawmakers and the Obama administration spar over a plan to avert the looming automatic spending cuts.
Testifying at a long-awaited House Armed Services Committee hearing on sequestration cuts, Deputy Defense Secretary Ash Carter began laying out some of the impacts of the $55 billion cut facing the Pentagon in 2013 if the sequestration cuts are not reversed.
Carter said the across-the-board cuts would require the Pentagon to “substantially modify and scale back the new defense strategy,” which was crafted last year as the Defense Department prepared for $487 billion in budget reductions already scheduled for the next decade.
Carter and acting Office of Management and Budget (OMB) Director Jeffrey Zients told the committee Wednesday that sequestration would be devastating and should never go into effect, bluntly telling Congress to fix the cuts before they hit on Jan. 2, 2013.
Republicans have been critical of the Obama administration, accusing them of not preparing for the impending cuts, part of what prompted Wednesday’s hearing.
House Armed Services Committee Chairman Buck McKeon (R-Calif.) said in his opening statement that failing to plan for sequestration would “make a terrible situation worse.”
Zients pushed back, however, chiding Republicans in Congress for not proposing realistic solutions to find alternate deficit reduction.
“The root cause of the problem here is the Republican refusal to acknowledge that the top 2 percent have to pay their fair share,” Zients said, repeating a common Democratic argument for higher taxes on the wealthy to pay for defense and other programs.
But Republicans challenged President Obama to share his own plan to actually avert sequestration.
“I want to commend you on your broken record of partisanship with respect to your fiction of the fact that this administration has a budget or a plan,” said Rep. Michael Turner (R-Ohio).
In a committee that prides itself on its bipartisanship, there were numerous testy exchanges between Republicans and Zients, with the two sides often speaking over each other.
During one exchange between Turner and Zients, ranking member Adam Smith (D-Wash.) angrily interrupted Turner and accused him of badgering the witness.
The hearing was reflective of the deep divide between Democrats and Republicans over how to solve sequestration — even if all sides agree that it would be devastating for the cuts to actually go into effect.
Ethics Committee finds Rep. Laura Richardson guilty on seven counts
The House Ethics Committee issued a blistering report on Wednesday finding Rep. Laura Richardson guilty of improperly pressuring her official staff to campaign for her, destroying evidence and tampering with witness testimony.
In an unusually scathing 16-page report, the Ethics panel depicted the California Democrat as acting with “utter disdain” for the secretive committee, which Richardson has accused of evincing racist overtones in its investigation of black members.
The Ethics Committee recommended that the House adopt its report and approve a formal reprimand of Richardson, who agreed to pay a fine of $10,000 within four months and require staffers who work on her campaign to sign a waiver stating that they haven’t been pressured to do so.
The punishment comes just three months before Richardson faces off against fellow Democratic Rep. Janice Hahn (Calif.) in one of the toughest member-versus-member elections this year.
Many of Richardson’s staffers painted a “horrendous picture” when speaking of their employment experience, which was fraught with “attempts to intimidate them on a regular basis,” according to the committee’s report, issued by Chairman Jo Bonner (R-Ala.) and ranking member Linda Sanchez (D-Calif.).
A 22-page objection that Richardson recently delivered to the committee, in which she contends that the Ethics Committee acted in a prejudicial manner against her, was also made public on Wednesday.
In it, Richardson said she agreed to resolve the ethics allegations with a fine and a reprimand, because the alternative — an adjudicatory hearing, also known as an ethics trial — would waste taxpayer dollars and take up too much time.
But the panel rebuffed her submission, stating that her arguments were “without merit,” lacked remorse and were pointless because she had already admitted to her wrongdoings. “Richardson’s views weave an elaborate fabrication out of threads of decontextualized evidence and outright prevarication, in an absurd attempt to rebut the majority of the tremendous evidence against her,” the report states.
“[Richardson’s statement of views conveys] an utter absence of true remorse for her misuse of official resources and, equally as significant, for what she has put her staff through, as well as a near-total deflection of responsibility for this matter.”
Richardson argued that investigators with the committee “improperly influenced witnesses” by suggesting that an investigative subcommittee was likely, even though it was one year before that decision would eventually be reached.
This “clearly [signaled] that the Ethics Committee staff at least already believed that Rep. Richardson was guilty of misconduct,” stated Richardson in her response to the committee’s charges.
The Richardson ethics probe began in 2010 when several of her official staffers complained to the committee that they were being forced to work on her campaign. After probing the matter for more than a year, an investigative subcommittee was launched in November 2011, to look more seriously at the charges.
In one instance, Richardson’s communications director, Makeda Scott, told the committee that she took comments her boss made “as a threat.” Richardson allegedly told Scott that she felt “uncomfortable” working with her because Scott hadn’t volunteered on Richardson’s campaign.
“If you don’t volunteer on my campaign, you are not going to continue working here; that is how I took it,” said Scott in an interview with the Ethics panel.
After delaying her interview with the committee because of the timing of her primary race, Richardson finally agreed to sit down with panel investigators in June and answer their questions.
But Richardson soon began complaining about how long the interview was taking and “ultimately demanded that it end so she could participate in an annual congressional softball game,” according to the report. Richardson never rescheduled a follow-up interview with the committee.
House votes to extend current tax rates after shooting down Obama plan
The House on Wednesday evening rejected a proposal to allow tax cuts on the wealthy to expire, instead passing an alternative bill to preserve existing tax rates for a year, an act of political theater setting up a contentious post-election fight.
The Republican-controlled House voted 256 to 171 to preserve current tax rates, which were first enacted by President George W. Bush in 2001 and later extended in 2010 for another two years with President Barack Obama’s support.
In a separate vote, the House shot down, 170 to 257, a Democratic bill to extend current tax rates past the end of this year only for households earning less than $250,000 per year and individuals earning less than $200,000 per year. This plan has the current backing of the president, and was approved last week by the Senate. Nineteen Democrats joined a unanimous GOP conference on the vote.
The vote virtually ensures that the fate of the expiring tax cuts won’t be decided until after the election. Though House GOP leaders wrote Senate Democratic Majority Leader Harry Reid on Wednesday to say they “stand ready to bring the House back into session for the purpose of enacting solutions” as it relates to taxes or the automatic defense cuts set for Jan. 1, leaders in both parties have conceded that a truce unlikely.
The House is set to break for recess after Thursday’s votes, leaving few legislative days left on the calendar before the election.
Rather, leaders in both parties have generally acknowledged that the fate of the tax cuts are likely to be determined as an outgrowth of the election. That factor has only heightened the political positioning of these votes, which were orchestrated more as a messaging instrument than as a legislative solution.
To that end, the result in the House was the reverse of what happened last week in the Senate, which approved a version of the Democratic bill and rejected the Republican alternative to extend all the expiring tax cuts for a year and require Congress to work on tax reform in the meanwhile.
Ayotte: Dems using military as ‘bargaining chip’ in fight over cuts
A freshman Republican senator accused the White House and congressional Democrats of using the military as a bargaining chip in a debate over spending cuts.
“It makes me sick that some in Washington, particularly some of the Senate Democrats want to play, and even our president unfortunately, want to use our military as a bargaining chip,” said Sen. Kelly Ayotte (R-N.H.) told CNN’s “State of the Union” on Sunday.
Ayotte said House and Senate GOP leaders have asked President Obama to come to the table to figure out how to resolve the issue of sequestration, a plan passed by Congress a year ago that would cut $1 trillion in spending over 10 years, including $500 billion from defense.
Lawmakers have expressed concern over the volatile mix of spending and tax hikes that could put the U.S. economy over the so-called “fiscal cliff.”
Republicans and Democrats are also at odds on the expiring Bush-era tax rates, with Democrats and the White House looking to extend the lower rates for those couples making below $250,000 a year. Republicans however want the rates extended across the board, a move the White House has threatened to veto to force the wealthier to pay higher rates to offset cuts.
Ayotte, who has been named as a possible vice presidential nominee for GOP presidential candidate Mitt Romney, said the choice is not between whether to extend tax breaks for those earning at least $250,000 a year or slashing defense spending.
“That’s not the choice and where is our commander-and-chief on this,” she said.
“Why isn’t he right now at the table with members of both sides of the aisle resolving this. He could lead this effort and he has been AWOL on this.”
Waiting until after the election would be “undermining our national security and cost nearly 1 million jobs,” she said.
Fed Signals More Steps to Spur Economy Amid Slower Growth
The Federal Reserve said it will pump fresh stimulus if necessary into the weakening economic expansion to boost growth and reduce an unemployment rate that’s been stuck at 8 percent or higher for more than three years.
Federal Reserve Chairman Ben Bernanke on Capitol Hill. Photographer: Luke Sharrett/The New York Times via Redux
The Federal Open Market Committee “will provide additional accommodation as needed to promote a stronger economic recovery and sustained improvement in labor market conditions in a context of price stability,” it said today in a statement at the end of a two-day meeting in Washington. “Economic activity decelerated somewhat over the first half of this year.”
Stocks fell on disappointment Fed Chairman Ben S. Bernanke refrained from taking action even as consumer spending flagged, job growth slackened and manufacturing cooled. Before its next meeting Sept. 12-13, the FOMC will assess unemployment reports for July and August, and the European Central Bank may take steps to ease Europe’s debt crisis at a meeting tomorrow.
“They were as blunt as you can get without actually pulling the trigger,” said Dan Greenhaus, chief global strategist at BTIG LLC in New York. “They’re saying, ‘Hey, things are not good and we’re an inch away from easing.’”
The Standard & Poor’s 500 Index (SPX) erased gains after the statement, falling 0.3 percent to 1,375.32. The yield on the 10- year Treasury note rose to 1.52 percent from 1.47 percent yesterday. Gold futures for December delivery slid 0.7 percent to $1,603.10 an ounce in electronic trading at 4:47 p.m. in New York. The dollar rallied 0.7 percent to $1.2226 per euro.
“The best news we got is the Fed doing nothing and the market accepting that,” Michael Shaoul, the chairman of New York-based Marketfield Asset Management, whose $2.29 billion Marketfield Fund has outperformed 96 percent of rivals in the past five years. “It shows that the market is more resilient than we would have expected going into today.”
The FOMC said in today’s statement that “household spending has been rising at a somewhat slower pace than earlier in the year.”
The Fed said it will continue swapping $667 billion of short-term debt with longer-term securities to lengthen the average maturity of its holdings, an action dubbed Operation Twist. The central bank will also continue reinvesting its portfolio of maturing housing debt into agency mortgage-backed securities.
The Fed left unchanged its statement that economic conditions would likely warrant holding the benchmark Fed funds rate near zero “at least through late 2014.” The committee said it “will closely monitor incoming information on economic and financial developments.”
Under former Fed Chairman Alan Greenspan the phrase “closely monitor” was sometimes used before the Fed took action between its regular schedule of meetings, according to Eric Green, head of global foreign exchange and rates research at TD Securities in New York, and a former New York Fed economist.
“We still have to think the odds are low for intermeeting ease, they’re just higher than they otherwise would be,” said Green. “What would get the Fed to move I think is if conditions deteriorate in Europe to the point that stocks begin to get hit hard.”
Policy makers said inflation would run “at or below” their goal of 2 percent for the personal consumption expenditures index, the same as in the last statement.
Consumer prices in June rose 1.5 percent from a year earlier, the Commerce Department reported yesterday. Excluding food and energy, prices increased 1.8 percent.
Richmond Fed President Jeffrey Lacker dissented for the fifth consecutive meeting, saying he preferred to omit the 2014 time horizon. Lacker opposed the FOMC’s June decision to extend Operation Twist through the end of the year and has said he expects interest rates will need to be raised in 2013.
Twelve percent of economists surveyed by Bloomberg News predicted that the FOMC would announce a new round of large scale asset purchases today, while 48 percent forecast such purchases would be announced at the Fed’s Sept. 12-13 meeting.
At the September meeting, policy makers will update their forecasts for growth, unemployment, inflation and interest rates before Bernanke holds a press conference. He doesn’t plan a press conference today.
Bernanke in congressional testimony last month said the central bank may ease further should U.S. employment fail to steadily improve. A Labor Department report on Aug. 3 will probably show that the economy added 100,000 jobs in July, while the jobless rate was unchanged at 8.2 percent, according to the median estimate in a Bloomberg News survey of economists.
“It’s very important that we see sustained progress in the labor market and avoid deflation risk,” Bernanke said in July. “Those are the things we’ll be looking at as the committee meets later this month and later this summer.”
The Fed is also watching “two main sources of risk,” Bernanke said. The first is the so-called fiscal cliff, about $600 billion of spending cuts and tax increases that will go into force in January and impair growth unless Congress acts.
Congressional leaders said yesterday they will vote in September on a $1.047 trillion, six-month stopgap measure that would keep the government operating after the start of the fiscal year on Oct. 1. The extension would give lawmakers more time to debate how to avoid the fiscal cliff.
The second risk is that the European debt crisis will create turmoil in global financial markets, Bernanke said.
ECB President Mario Draghi is attempting to build consensus among governments and central bankers for a plan to ease borrowing costs in Spain and Italy before policy makers convene tomorrow. Also tomorrow, the Bank of England in a statement will probably maintain its bond purchase program.
Draghi sparked a global market rally last week with a pledge to do “whatever it takes to preserve the euro.” Last month, the ECB cut its benchmark interest rate to a record low of 0.75 percent.
U.S. stocks rose before today on speculation the Fed will continue to add stimulus and as corporate earnings have beaten estimates. The S&P 500 has rallied 9.4 percent this year and remains near a three-month closing high of 1,385.97 on July 27. All 10 industry groups have advanced.
The U.S. two-year interest-rate swap spread, a measure of stress in bond markets, traded today at about 20.25 basis points, about the lowest in a year and down from 2012’s high of almost 60 basis points in October. The gauge, which dropped 4.4 basis points in July for the second straight monthly decline, widens when investors seek the perceived safety of government securities and narrows when they favor assets such as corporate bonds.
Splitting the Financial Giants It’s Time To Break Up Massive Banks!
The banks are blackmailing us, Sigmar Gabriel, the head of Germany’s center-left Social Democratic Party wrote in a position paper for his party. But with the fuss over Gabriel’s partly justified and partly exaggerated claim, one hopes that the most important words spoken last week will not get lost in the noise.
Those words were from Sandy Weill, who for eight years was the decisive figure at Citibank, the major American bank. This is the same Sandy Weill who forged a financial empire and successfully fought against just about every regulation that has been thrown at the banking sector. His messagetoday? Split up the massive banks.
What Weill is calling for is a return to rules that already once served the world well. They were conceived during the 1930s financial crisis and then disposed of during the liberalization frenzy of the 1990s.
The Glass-Steagall Act is the name of the law that divided the banking world into two categories.
The first is banks that are dedicated to the classic business of managing customer deposits and issuing loans making them systemically relevant. These banks must be protected and, in an emergency, rescued by the state.
The second is investment banks, which too often have no problem at all with any risky business that comes its way as long as it promises to deliver profits. Weill believes that if things go awry at the investment banks that no one should be too quick to bail them out. These banks would be smaller and no longer the financial Goliaths that they are today. What is deemed too big to fail, would be deemed too large to even be allowed to exist in the future.
America, as well as the entire financial world, is discussing Weill’s proposal.
And not without reason, either — after all, the US banker was one of the people who pushed Bill Clinton in 1999 to repeal Glass-Steagall. He even has a plaque in his office celebrating himself as “The Shatterer of Glass-Steagall.”
The proposal still doesn’t have enough backing, despite support in many quarters including those in a number of Germany’s top boardrooms, such as reinsurance giant Munich Re, whose chairman, Nikolaus von Bromhard, also wants to eliminate the design flaw. The SPD’s Sigmar Gabriel wants to as well.
Begging for the Bazooka Europe’s Dangerous Dream of Unlimited Money
An Analyisis by David Böcking
The bazooka isn’t just the name of a portable American antitank weapon. Recently it has also become the synonym for a financial super weapon that is supposed to end the euro crisis once and for all. There also used to be a chewing gum called Bazooka that was sold in German supermarkets until the 1980s. Once the pink stuff got stuck somewhere, it was hard to get rid of — not unlike the current discussion about a euro crisis bazooka.
The bazooka debate heated up after a suggestion from some countries, including Italy and France, that the permanent euro rescue fund, the European Stability Mechanism (ESM), should be equipped with “unlimited firepower” through a banking license. In concrete terms, it would enable the ESM to borrow unlimited amounts of money from the European Central Bankand use it to shore up euro-zone member states threatening to buckle under the weight of the crisis.
Given that billions of euros have already been deployed in the euro crisis, the idea of unlimited credit seems risky to say the very least. Not surprisingly, the reactions have been intense. “A banking license for the ESM would mean firing up the money printing machine, which means inflation and nearly unlimited liabilities,” Patrick Döring, the general secretaty of the business-friendly Free Democratic Party, the junior partner in Chancellor Angela Merkel’s government coalition, told SPIEGEL ONLINE. “That is why the FDP cannot and will not allow a banking license to be issued.”
So how is it that the supporters of a bazooka have come upon their demands? Ultimately, it goes back to the basic problem of the euro crisis: Countries like Spain and Italy are suffering from mounting debt and worsening economic prospects. To borrow fresh money they have to offer investors higher interest rates to buy their bonds. That further increases their debt and uncertainty over the future, which in turn continues to increase the risk premium they must pay to investors.
For two and half years now, euro-zone countries have tried to break this vicious cycle. First they created rescue plans such as the European Financial Stability Facility and its successor, the ESM, which are intended to provide countries like Greece and Portugal with loans until they are able to borrow money independently on the markets again. To prevent the need for further emergency bailouts, the European Central Bank has also sprung into action several times. It bought large quantities of bonds from distressed euro-zone countries to place downward pressure on interest rates. In addition, the central bank made loans of more than €1 trillion ($1.23 trillion) available to European banks in the hope that the institutions would in turn invest at least part of that sum in government bonds.
But all of these efforts have been met with limited success — and interest costs have risen sharply recently, especially in Spain. The reason is that many investors are worried that the bailout funds will prove to be too small if other euro-zone countries ultimately need to be rescued. Spain and Italy alone could require around €1 trillion if they have to seek a bailout, estimates Bantleon, a fund company that specializes in bonds. Currently, however, the euro bailout funds are only capable of providing a total of €750 billion.
Switzerland Leads the Way
Supporters of the bazooka solution say that pressure on euro-zone countries won’t relent as long as a concrete number is affixed to the scope of the bailout funds. Regardless whether the view comes from genuine conviction or pure speculation, the idea is that time and time again investors might decide that support is insufficient and thus drive interest costs up again. Only a safety net with unlimited scope — at least so it is hoped — would put an end to that kind of speculation.
Most recently, the Swiss national bank proved that such a deterrence strategy can work. After the Swiss franc rose sharply as a result of the crisis, monetary authorities pledged to defend the franc at a rate of 1.20 francs to the euro through unlimited foreign exchange purchases. They were largely successful with the strategy.
An ESM that has greater leeway could also mean freeing the ECB from a Catch 22. The central bankers’ work should actually be limited to price stability because they are forbidden from financing states. With its euro-zone relief efforts, however, the ECB has moved into a legal gray area that is threatening its very independence. It would therefore make sense for the ESM to take over government bond purchases in the future.
Nevertheless, the newly introduced plan would not truly limit the ECB’s liability given that it would allow the ESM to submit its newly purchased sovereign bonds as collatoral to the ECB in exhange for additional loans. The ESM could use that credit to support crisis countries with loans or further bond purchases. In other words, the ESM would be nothing more than an intermediary for state financing through the ECB.
Egypt’s new Prime Minister Hisham Qandil will hold a meeting with members of his government on Saturday to discuss the next steps on seeking an International Monetary Fund loan, Qandil said.
An IMF deal would help Egypt stave off a budget and balance of payments crisis and add credibility to economic reforms needed to restore the confidence of investors who fled the country after a popular uprising last year.
“We will have a meeting on Saturday headed by me to look into our next steps,” Qandil told reporters in Cairo on Thursday.
BRUSSELS – The European Central Bank (ECB) board is meeting on Thursday (2 August) in Frankfurt amid high hopes from investors that it will deliver on what its chief suggested last week: a forceful intervention to help out Italy and Spain.
But Germany’s central bank is against the move.
ECB chief Mario Draghi last week said the bank would do “whatever it takes” to support the euro, adding “Believe me, it will be enough.”
He specifically mentioned a controversial bond buying programme that last year helped bring down Spain and Italy’s borrowing costs.
Both countries are again struggling to sell government bonds, as their interest rates are too high to be considered “sustainable,” meaning investors are asking extra premiums for fear the countries may default.
Jens Weidemann, the head of Germany’s central bank who also sits in the ECB governing council comprising of all central bankers from the 17 euro countries, is fiercely against such a move, however.
The ECB should not “overstep its own mandate” he said in an interview published on the Bundesbank website on Wednesday, just after the German banker met Draghi. Weidemann also underlined that the Bundesbank is “the largest and most important central bank in the Eurosystem and we have a greater say than many other central banks.”
Last week, the Bundesbank also stressed it opposes bond purchases because they are an indirect way of helping governments, something that is forbidden under ECB rules.
A compromise solution may be found, however. Sueddeutsche Zeitung on Thursday reported that a majority of the board members are in favour of resuming the bond purchasing programme, which so far has put more than €200 billion into acquiring distressed government bonds.
The German paper said a plan may be put forward for a co-ordinated bond purchasing action of the ECB and the upcoming bailout fund (ESM) in September, after Germany’s constitutional court rules on challenges brought against the ESM.
“He will really disappoint if he doesn’t deliver,” Carsten Brzeski, a senior economist with ING Bank told this website.
He noted that Draghi had raised expectations several times before and came out with much smaller moves than expected.
“It will probably be a collection of smaller things hinting at bigger moves between the lines. They could resume buying bonds like it was done last year, when ECB chief Jean-Claude Trichet said ‘I never said the programme stopped’ and at the same time the ECB was active on the markets,” the economist recalled.
One of the “big moves” pushed forward by Italian Prime Minister Mario Monti is to give the ESM bailout fund a ‘banking licence,’ meaning unlimited borrowing from the ECB.
Speaking in Finland on Wednesday, Monti said he was confident such a move would “help” countries. “I think this will in due course occur,” he said.
But Germany also opposes the big-bang option.
“A banking license for the ESM rescue fund is absolutely not our way,” German deputy government spokesman Georg Streiter told reporters on Wednesday.
BRUSSELS – An escalating dispute between Madrid and Spain’s regional authorities risks undoing its austerity pledge to EU authorities.
The conflict erupted on Tuesday (31 July) when Jose Antonio Grinan, the President of the Andalucia region, walked out of a meeting of Madrid’s Council of Fiscal and Financial Policy when it told him to cut another €3 billion from his 2012 budget.
Catalonia boycotted the meeting in the first place, saying it already cannot pay some hospital, child-care and elderly-care centre workers.
Asturias and the Canary Islands voted against the council’s demands. The Basque region also raised heckles.
Regional spending was the main reason why Spain last year missed its deficit targets under EU rules: Andalucia and Catalonia between them have a GDP of €346 billion, or 32 percent of the country’s total economy.
Andalucia’s Grinan renewed his attack on the government on Wednesday.
He said at a press conference in Seville, the Andalucian capital, that he would challenge Madrid’s demands in Spain’s Constitutional Court if need be.
The Socialist also fired a political broadside against conservative Prime Minister Mariano Rajoy.
“This [the proposed cuts] could close 19 hospitals, all of the Andalucian health service, or get rid of 60,000 public workers, one in four of the local governments workforce,” he said at the press event, according to local news agency Europa Press.
“We are taking resources away from health care and education to save the banks, that is intolerable.”
The rebellion comes at a sensitive moment for Spain, which is trying to convince markets that it can stick to a debt limit of 3 percent of GDP by 2014 and avoid asking for a full-blown state bailout.
The government is to auction €3 billion of bonds maturing between 2014 and 2022 on Thursday.
The sale is to take place a few hours before a European Central Bank (ECB) meeting in Frankfurt in order to capitalise on pre-meeting optimism.
The ECB is expected to say whether or not it will buy more Spanish bonds in future, but German opposition to the move hinges on lack of faith in southern countries’ austerity promises.
Investors in any case are voting with their feet: the Bank of Spain noted capital flight of €41.3 billion in May, compared to €9.2 billion the same month last year.
For their part, ratings agency S&P and US bank Citibank in separate notes published on Wednesday said Spanish regions pose a threat to solvency.
S&P said its outlook will “be influenced by any large and persistent budgetary deviations by the regions … as these deviations would increase net general government debt.”
Citibank said Spain’s “recently passed Budgetary Stability Law looks formidable on paper, but has yet to prove effective.”
It added: “Political tensions between the centre and the regions may make the application of the Budgetary Stability Law more difficult, particularly in regions with strong regional identities, such as Catalonia.”
State oil giant Saudi Aramco unexpectedly shut a secondary unit at its 305,000 barrels-per-day joint venture refinery in Jubail, which caused the refiner to offer a rare high sulphur gasoil cargo, industry sources said on Wednesday.
The Saudi Aramco Shell Refinery Company (SASREF) in Jubail shut its hydrotreater unit about two or three days ago due to a “glitch” two sources familiar with the matter said. But details of the hydrotreater’s capacity or the reason for the shutdown were not clear.
Hydrotreaters are used to remove sulphur from high sulphur gasoil to make it a more environmentally friendly fuel.
Saudi Aramco offered about 60,000 tonnes of 0.5 percent sulphur gasoil from the Jubail refinery for loading over August 18-20 through private negotiations, traders said.
Bids for the cargo have to be submitted by Wednesday, they added.
Saudi Arabia is a net importer of lower sulphur diesel during summer when the fuel is used for power generation. The country has bought at least 750,000 tonnes for the whole of June and July this year.
SASREF, which is a joint venture between Saudi Aramco and Shell Saudi Arabia Refining Ltd., last shut a hydrocracker unit at the Jubail refinery in late June-early July for a couple of days, traders have said earlier.
Iraq’s semi-autonomous region of Kurdistan plans to halt oil exports on Aug. 31 if the central government does not make all outstanding payments, which could mean the proposed increase in Iraq’s overall shipments to world markets will be brief.
Kurdistan said on Wednesday it would restart exports this week in a bid to end the payments dispute with Baghdad. The Kurdistan Regional Government says the central government has withheld payment of $1.5 billion.
Natural Resources Minister Ashti Hawrami made the statement giving the end-August deadline in a letter posted on the KRG’s website and addressed to oil companies DNO, Genel Energy and Kar Group.
“What I have in mind is to restart the oil export for only one month, i.e. for all of the August period,” Hawrami wrote in the letter, dated July 28.
“If the payments are not released by the end of this period, then we agree to halt all the export at the midnight of 31st August.”
The Kurdistan Regional Government (KRG) and Baghdad are locked in a long-running feud over oil and land rights that have shut in exports for the past four months from the oilfields being tapped by foreign oil companies in the northern region.
Letters released on the KRG website show the companies were initially reluctant to go along with the export restart.
Genel Chief Executive Tony Hayward said in a letter to Hawrami the company had not been paid for the majority of oil exported in 2009 and 2011. “This has had a very significant impact on our operations,” the letter said.
The KRG statement on Wednesday said exports would remain at 100,000 barrels per day (bpd) for a month and if payments were forthcoming, could move swiftly up to 200,000 bpd.
Under Iraq’s budget, the KRG is to supply 175,000 bpd of crude for export, but the KRG halted the trade in early April, saying Baghdad owed it a backlog of payments.
The central government is required to route 50 percent of the KRG’s export earnings to Kurdistan to cover producing companies’ previous costs. Baghdad issued two payments in 2011, totaling $514 million; the KRG said it is owed $1.5 billion.
Crude produced in Kurdistan is fed into Iraq’s Kirkuk export stream and sold onto world markets via the Turkish Mediterranean port of Ceyhan. The KRG export halt had cut Kirkuk shipments by a quarter to below 300,000 bpd.
Iraq is boosting oil sales from its southern ports following an increase in export capacity earlier this year. Adding another 100,000 bpd to northern exports would bring Iraq’s overall shipments to around 2.6 million bpd, a postwar record.
Iraq’s oil dispute with Kurdistan has escalated after Baghdad threatened to cancel a contract with France’s Total for signing Kurdish deals and a unit of Russia’s Gazprom also entered the autonomous area.
Total and Gazprom followed U.S. majors Exxon and Chevron in signing oil accords with Kurdistan.
Wars and Rumors of War
by Finian Cunningham
When Serbian nationalist Gavrilo Princip fatally shot the heir to the Austro-Hungarian throne, archduke Franz Ferdinand, in Sarajevo on 28 June 1914, the assassination is seen as the event that ushered in the First World War. Within a month, the Great Powers of Europe would become embroiled in a four-year war owing to a web of alliances and treaties: Russia, France, Britain on the one hand; Germany, Italy, and the Austro-Hungarian and Ottoman Empires on the other. The US would eventually enter the maelstrom in April 1917 on the side of Britain and the Entente allies against the Central Powers.
The eventual death toll was between 10 and 16 million, making it one of the biggest cataclysms in human history. The war was, of course, not the consequence of a mere single act on that fateful day in Sarajevo. It was the culmination over many years of diplomatic and political skirmishing stemming from economic rivalry between the European capitalist powers. Although some later historians dispute the role of economics as the determinant, it is hard not to conclude as many others have done that the First World War was the classic outcome of imperialist rivalry.
In particular, the then top European power Britain had long seen the rising star of Germany as its nemesis for the control of markets and resources. For its part, the newly formed German Empire arising from the unification of Prussia in 1871 felt that its economic development was being unfairly thwarted by London.
This latent conflict over resources was underscored by several concomitant trends at the turn of the 20th century: the economic decline of Britain compared with the technological powerhouse of Germany; the “scramble for African colonies”; the encroachment of German industrialists upon newly discovered Persian oil fields; and the perceived threat to the eastward trade routes with India – the jewel in the crown of Britain’s Empire.
The First World War can thus be seen as proof of the maxim conceived by military theorist Carl von Clausewitz (1780-1831) that “war is but the continuation of politics by other means”. The political and economic rivalry between Britain and Germany was in that way a powder keg that exploded into war upon a Serbian spark.
Turning to the present world situation and potential for conflict, it is likewise incumbent to see the bigger picture beyond immediate tensions and events. We need to see beyond the trees and branches in order to survey the entire forest; and not only the forest, but the historical road that leads up to the forest.
It is also critical for the appreciation of the scope for war in the present day to accept the premise that the capitalist economic system is at root “wired for war”. Or as Karl Marx put it: “War is inherent in capitalism”.
This premise of war as an integral part of capitalism holds because, under the iron law of the profit motive, nations will always be driven by an intense demand for natural resources and markets beyond national boundaries. As a result, nation states will always be thrown into competition for the control of resources and dominance in markets. This tendency towards conflict and eventually war may be held off for some time under conditions of quasi “peace” by international trade pacts and regulations, but eventually the do-or-die imperative of securing economic advantage will over-ride all supposedly civilised constraints.
The political and economic slide towards the headlong collision of the First World War is proof of that dynamic. By way of further proof, only 20 years after “the war to end all wars”, following even deeper economic turmoil between nations, the world was plunged into the even greater conflagration of the Second World War, which involved for the first time the deployment of nuclear weapons and a death toll exceeding 50 million.
Of utmost concern is that the contradiction between national antagonisms in the realm of international relations as dictated by capitalist economics is still far from resolved.
Granted, under the process of globalisation, nation state capitalism has expanded over recent decades to take on, increasingly, a transnational character and function. This has resulted in networks of global capital in the form of multinational banks and corporations. In that way, nation states can appear to be cooperating seamlessly in the function of global capital. The US can be seen as the executive power in the world capitalist system that also appears to seamlessly benefit Britain, France, Germany, Japan, China among others. Also because of historic institutional ties some nations are closer than others in the functioning of the capitalist order. Washington and London, for example, are closely aligned in the sphere of finance capitalism and consequently share overlapping national interests.
Nevertheless, despite the global character of capital, there is still a powerful demarcation of and competition between national interests among the capitalist powers.
One constant factor in the source of rivalry between nations is the control of oil, the lifeblood of the capitalist system. Indeed, the control of oil has become an even greater determinant today for international hegemony. This was well understood by US planners in the aftermath of the Second World War. With less that five per cent of the world’s population, but consuming more than 25 per cent of the world’s oil production, US planners have long been aware of the crucial importance of controlling global oil production for the preservation of America’s economic power. This vital national interest far outweighs any much-vaunted American ideals of democratic values.
With more than 60 per cent of the world’s proven oil and gas reserves located in the Middle East, this region is the ultimate key to continuing US global power. It was for this reason that the former US secretary of state James Baker candidly revealed in an interview on America’s PBS Frontline programme in mid-October 2001 that Washington would always be ready and willing, as a matter of national security, to go to war in order to protect its ally Saudi Arabia and the other oil-rich Arab allies. The despotic, dictatorial nature of these regimes is a virtue, not a vice, for guaranteed American oil supply and the continued dominance of the US dollar as the world’s reserve currency.
This is why today Washington remains silent on the crackdown by the House of Saud against pro-democracy protests in Saudi Arabia and Bahrain. It is also the reason why Washington is allied with the Sunni dictatorships of Saudi Arabia and Qatar in the covert campaign for regime change against perceived recalcitrant governments in Syria and Iran, as it did in Libya with the overthrow and murder of Muammar Gaddafi.
At around the same time that Baker gave his interview outlining the unconditional support by Washington for the oil sheikhdoms, the Pentagon had then concocted a plan for redrawing the political map of the Middle East region and beyond, as the former NATO commander Wesley Clark was to later disclose. Over the ensuing years from late 2001, the Pentagon had designated regime change for seven countries: Iraq, Libya, Syria, Iran, Lebanon, Sudan and Somalia.
Subsequent events and interventions by Washington and its allies in these aforementioned countries – albeit under a guise of defending democracy, human rights and international law – indicates that the Pentagon’s plan is being implemented methodically. The plan evidently holds whether the US president is a Republican or a Democrat, which points up the secret elite nature of government in Washington for which elections are mere window dressing.
A large military convoy was passing by the town and as the troops moved past, the rebels opened fire. Now the city is paying for it, bodies lining the streets. On Wednesday, President Obama signed an order that allows mostly clandestine forces to support the rebels in Syria. NBC’s Richard Engel reports.
President Barack Obama has signed a so-called “intelligence finding” authorizing covert aid to the Syrian rebels seeking to depose Syrian President Bashar al-Assad and his government , NBC News has confirmed.
White House and intelligence officials declined to comment on a Reuters report about the aid.
A U.S. official also said that while Secretary of State Hillary Clinton has said the U.S., is providing non-lethal aid and communications to the rebels, the presidential finding provides more intelligence resources than had been previously known.
The administration has been under constant criticism for months from Sen. John McCain, R-Ariz., and others who say the administration should be arming the rebels.
Obama’s order, approved earlier this year, broadly permits the CIA and other U.S. agencies to provide support that could help the rebels oust Assad, Reuters reported.
People resisting the army of President Bashar al-Assad in northern Syria cope with loss and prepare for fighting.
This and other developments signal a shift toward growing, albeit still circumscribed, support for Assad’s armed opponents — a shift that intensified following last month’s failure of the U.N. Security Council to agree on tougher sanctions against the Damascus government, Reuters reported.
The White House is for now apparently stopping short of giving the rebels lethal weapons, even as some U.S. allies do that, Reuters said.
But U.S. and European officials have said that there have been noticeable improvements in the coherence and effectiveness of Syrian rebel groups in the past few weeks. That represents a significant change in assessments of the rebels by Western officials, who previously characterized Assad’s opponents as a disorganized, almost chaotic, rabble, Reuters reported.
Precisely when Obama signed the secret intelligence authorization, an action not previously reported, could not be determined, Reuters said.
The full extent of clandestine support that agencies like the CIA might be providing also is unclear, Reuters said.
Read Full Article and Watch Video Here
Saudis mum on aid center in Turkey for Syrian rebels
The Syrian foreign minister while visiting Iran Sunday said the Syrian rebels are part of an Israeli plot, but in northern Syria, people support the opposition to the current regime. NBC’s Richard Engel reports.
Updated at 5:30p.m. ET: Saudi Arabia said Syrians should be enabled to protect themselves against government attacks but declined direct comment on a report that it had helped set up a secret liaison center in Turkey to aid a rebellion against President Bashar al-Assad.
Assad on Sunday claimed victory in a hard-fought battle for Syria’s capital, Damascus, and pounded rebels who control of parts of its largest city, Aleppo.
U.S. Defense Secretary Leon Panetta said on Sunday that the attacks on Aleppo are putting the nail in the coffin of Assad’s government.
Gulf sources told Reuters on Friday that Saudi Arabia, Turkey and Qatar had established a center in Adana, southeastern Turkey, to help the rebel Free Syrian Army with communications and weaponry as it battles in major cities against forces loyal to Assad.
A Free Syrian Army member walks past the body of an alleged member of Syrian President Bashar al-Assad’s shabiha militia at Aleppo’s disctrict of al-Sukkari.
“The very well-known position of the kingdom of Saudi Arabia is to extend to the Syrian people financial and humanitarian assistance, as well as calling upon the international community to enable them to protect themselves at the very least if the international community is not able to do so,” a foreign ministry spokesman said by text message on Saturday, answering a Reuters query about the base.
“The Syrian regime is importing and using all kinds of weapons to fight and oppress its own people in a fierce war as if it’s launched toward a foreign enemy — not against its disarmed population”, the spokesman added.
The Gulf sources had also said the Adana center, which is near the Syrian border and a U.S. Air Force base at Incirlik, was set up at the suggestion of Saudi Deputy Foreign Minister Prince Abdulaziz bin Abdullah during a trip to Turkey.
When Sunni officer Fahed al-Freij was promoted to replace Syria’s defense minister, slain in a bomb attack two weeks ago, few people paid much attention and rebels dismissed him as inconsequential.
But Lebanese officials close to the Syrian government said his appointment was a clear indication that President Bashar al-Assad, taken aback by the assassination of four of his top security officials, had decided to respond savagely.
They said Freij, a staunch Assad supporter, was known for brutality and shoot-to-kill tactics.
Upon his appointment he gave orders to “wipe out” the rebels. “Even if it is my father who is carrying weapons against Syria, treat him as a traitor and kill him,” pro-Assad websites quoted him as telling soldiers on the night of his appointment.
Freij, born in 1950, comes from the Hadeedy tribe from a village in Hama province, which saw the worst violence under Bashar’s father, President Hafez al-Assad, who sent troops in the 1980s to crush an armed Islamist revolt against his rule.
In his appointment speech hours after the bombing, Freij looked determined to fight back. Instead of ceremonial uniform he wore dark green fighting colours and a frown on his face, vowing to go on the offensive as he mourned the slain officials.
Unlike his late predecessor Daoud Rajha, who kept a low profile, Freij has issued several statements urging the soldiers to fight.
“Brothers in arms and doctrine, the Syrian people have put their trust in you and it is well deserved … Your battle is the battle of right against wrong,” he said in his latest speech on Wednesday, Syria’s armed forces day.
“Terminate them (the rebels) wherever you find them.”
Soon after his appointment, rebels were celebrating the capture of several districts in the capital, part of an operation they called ‘Damascus volcano’, and parts of Aleppo and border crossings with Turkey and Iraq.
But Freij turned the tables. Right after he took over, the Syrian army launched a major offensive in Damascus, recapturing the central Midan district from rebels before moving to other rebel strongholds like Hajar al-Aswad.
For the first time since the 17-month-old revolt against Assad started, the military used fighter jets to strafe rebel areas in Rastan, Deraa and Aleppo.
On Sunday the government declared victory in a hard-fought battle for Syria’s capital, and pounded rebels who control parts of its largest city Aleppo. Government forces are now massing around Aleppo for another “decisive battle.”
Rebels seems to have changed their opinion of Freij.
“We did not know who he was at first. We have checked now. He is a Bedouin from Hama, commander of the operations (to crush opposition in) Deraa and Homs during the revolution,” said a rebel commander in Damascus.
“He is a military officer one hundred percent. He is…known to be savage. He is known since he was a student in the military college as tough and firm,” he added.
Last year the army crushed Deraa, the cradle of revolt against Assad and a major attack on Homs left the city in in ruins and almost empty.
A Lebanese security source described Freij as solid with a ruthless personality.
“Before when a bullet was fired (by rebels) the orders were given to cut the electricity from that area and go after the rebels but with this man the orders are different – burn them,” said a Lebanese official close to the Syrian government.
But the rebels are now better equipped and determined to fight back. A group of gunmen posted a Youtube video after his appointment saying that his tribe disavow him and that he will be their target.
“We inform him that he will be our coming target..we tell him that victory is coming. God is Greatest.”
Articles of Interest
The Obama White House: in apology mode
The Obama presidency is fond of issuing apologies for America on the world stage, but very rarely makes them at home to Americans. White House Communications Director Dan Pfeiffer has just issued one to Washington Post columnist and Fox News contributor Charles Krauthammer, who last week wrote an op-ed berating the Obama administration for removing a bust of Sir Winston Churchill from the Oval Office when it came to power. Pfeiffer had issued a stinging attack on Krauthammer, alleging that his Churchill bust reference was “100 percent false.” Krauthammer was of course 100 percent correct, and the British Embassy in Washington even issued a statement contradicting Pfeifer’s remarks.
Here is the full text of Pfeiffer’s mea culpa, published on the White House blog in the form of an open letter to Mr. Krauthammer:
I take your criticism seriously and you are correct that you are owed an apology. There was clearly an internal confusion about the two busts and there was no intention to deceive. I clearly overshot the runway in my post. The point I was trying to make – under the belief that the Bust in the residence was the one previously in the Oval Office– was that this oft repeated talking point about the bust being a symbol of President Obama’s failure to appreciate the special relationship is false. The bust that was returned was returned as a matter of course with all the other artwork that had been loaned to President Bush for display in his Oval Office and not something that President Obama or his Administration chose to do. I still think this is an important point and one I wish I had communicated better.
A better understanding of the facts on my part and a couple of deep breaths at the outset would have prevented this situation. Having said all that, barring a miracle comeback from the Phillies I would like to see the Nats win a world series even if it comes after my apology
It is good to see Mr. Pfeiffer finally issue a formal apology, after his juvenile and remarkably ignorant rebuttal of Mr. Krauthammer’s Post column generated a media storm. But this does not by any means end the controversy over the decision by the White House to return the Churchill bust. There is still an air of defiance in Pfeiffer’s words, and he categorically claims that the bust was sent back “as a matter of course,” and its return to the British government was “not something that President Obama or his Administration chose to do.”
As I noted in my previous blog on the subject, however, both The Sunday Telegraph and The Times of London ran major articles back in early 2009 revealing that British officials had made it clear to the White House that President Obama could keep the Churchill bust in the Oval Office. In other words, it was the White House’s firm decision to return the bust, and no request was made by the British to have it back. This looks awfully like a deliberate snub of America’s closest friend and ally, and it would be good for the White House to acknowledge the truth, rather than continue to spin a blatantly false and misleading line.
The Cartel Behind the Scenes in the Libor Interest Rate Scandal
Eduard Pomeranz and Rolf Majcen are small fish in the shark tank of international high finance. Their hedge fund, FTC Capital, is headquartered in tranquil Vienna and manages only €150 million ($189 million) in assets. But now Pomeranz, the founder, and Majcen, the head of the legal department, have been able to strike fear in the hearts of the big fish.
“The Libor manipulation is presumably the biggest financial scandal ever,” says Majcen, a man with slightly disheveled-looking hair and Viennese sarcasm. Yes, he says, it did shock him that something like this was even possible, namely that a group of international banks had been manipulating interest rates for years. But Majcen takes a matter-of-fact approach to it all. As a financial professional, he is only one of many who want to get back the money that they feel they’ve been cheated out of.
At the end of June, British and American regulators imposed a $500 million fine on Barclays, the major British bank, and forced its CEO Bob Diamond to resign. Since then, a war of sorts has erupted in the financial sector. Investigators are attacking presumed offenders, banks that are involved are denouncing others in the hope of mitigating their own penalties, and small investors like Majcen are inundating Libor banks with lawsuits.
Deutsche Bank and more than a dozen other financial giants have come under sharp criticism due to the alleged manipulation of the Libor ( London Interbank Offered Rate), a benchmark interest rate. Some are even referring to the banks that are instrumental in calculating that rate a cartel, the sort of vocabulary not normally associated with the financial industry.
Regulators are using terms like “organized fraud.” European Justice Commissioner Viviane Reding has suggested that bankers ought to be called “banksters.” But in the case of some agencies, especially in New York and London, the outcry is also convenient; it diverts attention away from their own failures. For years, regulators overlooked what was happening right in front of their eyes.
Now that the authorities have woken up, they are aggressively pursuing the offenders — and are reaching all the way up to the boardrooms. More than half a dozen government agencies, from Canada to Japan, are investigating the case.
German authorities are also involved. A dozen employees of Germany’s central bank, the Bundesbank, have paid several visits to Deutsche Bank in recent weeks. They work for BaFin, the German federal financial supervisory authority, which has ordered a special audit, and are poking around the bank’s headquarters in Frankfurt, traveling to London, where its money market traders are based, and flying to Tokyo. Even the bank’s two new co-CEOs, Anshu Jain and Jürgen Fitschen, are expected to sit down for a question and answer session with the auditors. This is particularly unpleasant for Jain, who, as head of the investment banking division during the period in question, was ultimately responsible for money market transactions.
Libor, Anchor of the Financial World
The Libor and Euribor (Euro Interbank Offered Rate) are used worldwide as the benchmark rates for financial transactions worth hundreds of trillions of euros. When a savings bank issues a loan to a business at a variable interest rate, the loan agreement is based on the Euribor. “In many cases, the Euribor is even the key guideline for the structuring of call money,” says Falko Fecht, a professor at the Frankfurt School of Finance, referring to overnight and other such short-term loans. In Spain, in particular, tens of thousands of construction loans are based on the Euribor, while millions of mortgage loans in the United States are pegged to the Libor rate.
But the bankers in the cartel initially had their sights set on a completely different business. They wanted to influence the giant market for interest rate and foreign currency derivatives in their favor. The volume of outstanding transactions in this area amounted to €567 trillion at the end of 2011 alone. Changes of as little as 0.01 percentage points can translate into hundreds of millions in profit or loss for some banks. This makes the lax approach to the calculation of rates taken for years by banks and regulators alike seem all the more astonishing.
A total of no more than 18 banks, including Deutsche Bank, are involved in the calculation of the Libor. Every morning, they submit estimates of the costs at which they believe they could borrow money on the markets without collateral. Using the resulting data, financial services provider Thomson Reuters calculates averages — for 10 different currencies and 15 different borrowing periods.
A similar method is used to calculate the Euribor, except that there significantly more banks — 43 — involved in the process.
Nevertheless, it is hardly a rigorous calculation. The averages are based on rule-of-thumb estimates; the market supposedly reflected in the data sent to Thomson Reuters has been dead since the financial crisis. Only very few banks can borrow money today without furnishing collateral.
Furthermore, neither bank executives nor regulators have shown much interest in how the important benchmark rate is determined. Inputting the data was often left to ordinary money market traders, who had serious conflicts of interest and acquired a dangerous amount of influence on the financial world. “The Libor interest rate was practically an invitation to manipulate,” says BaFin head Elke König.
The Cartel Emerges
In 2005, a young trader with Moroccan roots came to Barclays: Philippe Moryoussef, who is now 44. For him, it was only one station of many: Société Générale, Barclays, Royal Bank of Scotland, Morgan Stanley and, finally, Nomura. The Japanese had let him go when it became clear what role Moryoussef allegedly played in the interest-rate cartel.
In the London financial district, Moryoussef was seen as cool and unassuming. He liked diving, read books and didn’t put on airs in public, even when he moved into a £2.5-million ($3.9 million) apartment in London’s St. John’s Wood neighborhood with his wife and two children.
Moryoussef traded in interest rate derivatives during his time at Barclays. He and his fellow traders knew exactly how much money they stood to lose or gain if the Libor or Euribor changed by only a fraction of a percentage point in one direction or the other.
And they apparently did everything they could to eliminate happenstance. Moryoussef communicated by phone or email with colleagues inside and outside the bank almost daily to steer interest rates in the right direction. To do so, they sent inquiries to the people who were responsible for inputting the Libor rates: the money market traders.
In the glitzy world of investment banking, money market traders were at the bottom of the pecking order before the financial crisis. They were not involved in major deals, and they could only dream of the kinds of bonuses stock and bond traders received. “They were always at the bottom of the food chain,” says a former investment banker.
It was a conspiratorial group of underdogs who worked for various banks and met at least once a month for a beer or a mojito in New York, London or Frankfurt. By the middle of the last decade, when there seemed to be a surplus of money at the banks, they all had the same problem: They were derided or, worse yet, ignored by their colleagues in the trading rooms of major banks.
But what if it were possible to know where interest rates were headed at the end of the day, or even in the next hour? What if a few traders could manipulate the ups and downs of interest rates?
By 2005 at the latest, the traders would seem to have begun realizing just how much power they had were they able to collaborate within their small group. There was no need for formal contracts between large institutions, merely agreements among friends. A pointer here, a few traders meeting for lunch there, and soon the group had formed a global cartel that, according to investigators, reached from Japan to Europe to Canada.
“Come on over; I’ll open a bottle of Bollinger,” a trader, inebriated with his success, wrote to a colleague after the Libor rate had been set. Adair Turner of the British regulatory agency quotes the email as evidence of “a culture of cynical greed in the trading rooms.”
The Organized Fraud
“If the rate remains unchanged, I’m a dead man,” a trader emailed to a colleague who was responsible for Libor in October 2006. The traders sent at least 173 inquiries of this nature between 2005 and May 2009 for the dollar Libor alone. They were often successful.
Moryoussef, listed in the files of Britain’s Financial Services Authority (FSA) as “Trader E,” specialized in the Euribor. He reportedly bet €30 billion on certain movements of the interest rate, a normal dimension in the fast-paced money market. “The trick is that you can’t do it alone,” he bragged to outside colleagues at HSBC, Société Générale and Deutsche Bank, who allegedly cooperated with him.
While the traders were initially out to increase their bonuses, the manipulation took on a different dimension during the crisis. When the first banks began to wobble in 2007, it became more difficult for many financial companies to borrow money — a problem that would normally be reflected in higher Libor rates.
Now even top managers at Barclays, alarmed by media reports, were instructing the Libor men to input lower rates. In October 2008, the manipulation became a question of survival for Barclays. On Oct. 29, a concerned Paul Tucker, now the deputy governor of the Bank of England, contacted Barclays CEO Diamond. Tucker wanted to know why the bank was consistently inputting such high interest rates into the daily Libor report.
Diamond told a parliamentary committee that Tucker had suggested to report lower interest rates for the Libor, which Tucker staunchly denies. Diamond, for his part, prepared a transcript of the telephone conversation he had had with Tucker on that day, in which he had mentioned political pressure. After that, his chief operating officer spoke with the money market traders. The underdogs were suddenly being heard on the executive board, and had become the bank’s potential saviors.
Barclays wasn’t the only bank that was having trouble gaining access to money in the fall of 2008. UBS, Citigroup and the Royal Bank of Scotland, now prime suspects in addition to Barclays, had to be bailed out by their respective governments. Germany’s WestLB, which was involved in the Libor calculation at the time, was also seen as a problem case, although this wasn’t reflected in the Libor rates it was reporting.
As early as the fall of 2011, Deutsche Bank’s chief risk officer at the time, Hugo Bänziger, ordered an internal audit. Millions of emails had to be reviewed and chat minutes read. Bänziger hired an outside auditing firm, and soon there were 50 people on the team responsible for the scandal. But it was a deeply frustrating task for the auditors; they didn’t even know where to begin.
Only when British investigators released the names of two suspicious traders was the audit team able to report success to then CEO Josef Ackermann. Seemingly sensing what was in store for his bank, he inquired about the progress of the audit on a weekly basis. Two traders were fired.
Since the departures of Ackermann, Bänziger and former Supervisory Board Chairman Clemens Börsig, Börsig’s successor Paul Achleitner has managed the bank’s handling of the Libor scandal. He is reportedly firmly convinced that the bank never tried to push down the Libor to improve its own position. Financing problems? Not at Deutsche Bank, says Achleitner. He also notes that there are no indications that executive board members, or even Anshu Jain, were directly involved in the scandal.
But is it possible that only two wayward traders took part in the cartel? Why were no supervisors and no compliance officers aware of their activities? Deutsche Bank prides itself on being a world leader in the trade in foreign currencies and interest rates. It is part of all panels involved in determining the Libor. And yet Deutsche Bank merely sees itself as a bit player in the Libor-fixing scandal.
But why then was Alan Cloete, thought to have been responsible for the money market business and other areas during the wild Libor years, unaware of the manipulation? And why did Jain promote the stocky South African to the expanded executive board in March, while the investigations and internal audits in the Libor matter were already underway? There are those associated with the bank who think this is odd, while others see it as proof that Cloete is blameless in the Libor case.
The Failure of the Regulators
On April 11, 2008, a member of the Barclays money market team called Fabiola Ravazzolo, an employee of the Federal Reserve Bank of New York.
Barclays employee: “LIBORs do not reflect where the market is trading, which is, you know, the same as a lot of other people have said.”
Ravazzolo: “Mm hmm.”
A few moments later, the Barclays man, according to the transcript of the conversation released by the bank, said: “We’re not posting, um, an honest Libor.”
Barclays-Mann: “We are doing it, because, um, if we didn’t do it it draws, um, unwanted attention on ourselves.”
There was no sense of outrage, nor did Ravazzolo question the Barclays employee about the details. A similar conversation transpired with another Fed employee a few months later.
These are transcripts of failure. Barclays employees also contacted British regulators 13 times to report possible misconduct among the competition in determining the Libor, FSA chief Adair Turner admitted in a hearing before the British investigative committee. No one sounded the alarm.
In the United States, the issue ultimately did make it further up the ladder, reaching the desk of Timothy Geithner, who was chairman of the New York Fed at the time before becoming US treasury secretary. At the end of May, he sent an email on the subject of the Libor to the governor of the Bank of England, writing: “We would welcome a chance to discuss these and would be grateful if you would give us some sense of what changes are possible.” Attached to the message were two pages of “Recommendations for Enhancing the Credibility of LIBOR”. It was anything but a warning about manipulations.
At first, there was no reaction from the other side of the Atlantic, and Geithner’s office had to send a reminder email on June 1. Two days later, Bank of England Governor Mervyn King finally responded, writing that the recommendations seemed “sensible” and that he would be happy to discuss the matter further with Geithner.
But nothing further happened in the ensuing months. The financial crisis was coming to a head with the bankruptcy of investment bank Lehman Brothers. The central bankers had other worries. This remains the regulators’ line of defense today. If the world hadn’t happened to be on the edge of an abyss, they say, the Libor scandal would certainly not have slipped through their fingers as easily.
Meanwhile, the US Commodities Futures Trading Commission (CFTC) had been investigating the issue since 2008, and its efforts eventually led to a worldwide investigation.
By Al Arabiya
A video shown on an Egyptian satellite channel revealed the establishment of the first Shiite school in Egypt, amid doubts about the authenticity of the news and denial on the part of the owner of the place.
The video, aired Tuesday on one of the Egyptian talk shows on Dream TV, showed that the new school has students from different Arab and foreign countries, on top of which were Algeria, Qatar, Iran, and the United States.
An Algerian girl said in the video that she had come from Algeria especially to attend the new school in which, according to her, students practice the Shiite rituals and perform the chants related to Shiite beliefs.
For Walid Ismail, member of the Muslim Coalition for the Defense of the Prophet’s Companions and Offspring and researcher in Islamic affairs, the new school is part of a plan to divide Egypt along sectarian lines.
“If this school continues, it will be the biggest threat Egypt could face in the coming phase,” he said.
The school, he added, took advantage of the security vacuum in Egypt as well as post-revolution rifts between several factions to promote the Shiite faith.
Islamic researcher Alaa al-Said expressed his surprise at the establishment of the school for logistic reasons.
“How can the school start classes without obtaining the necessary approvals from the Ministry of Education and other relevant bodies?” he said.
On the other hand, Shawki Ahmed, a Shiite who was hosted in the same show that aired the video, denied reports about the establishment of a Shiite school.
“The place shown in the video is my house and I do receive students there, but it’s not a school and their number does not usually exceed 15.”
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Alzheimer's is a cruel & tough disease due to the impact on the person, the family & caregivers. It wears you down, slowly takes away a loved one, steals your future & wipes out any financial security you may have in savings. A cure/prevention must be found or the impact to the American people will be devastating both emotionally & financially.
My mom has Alzheimer's. My aunt has Alzheimer's. An uncle died from Alzheimer's. Highly likely my grandmother had an undiagnosed dementia. | <urn:uuid:08ff4ce6-ac7f-459c-85eb-86b1fc6365e3> | CC-MAIN-2013-20 | http://www.usagainstalzheimers.org/stories/stories/mary_a.php?page=17 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698207393/warc/CC-MAIN-20130516095647-00016-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.957531 | 105 | 1.789063 | 2 |
SALT LAKE CITY (AP) — Gov. Gary Herbert unveiled his long-awaited vision for outdoor recreation in the state Wednesday, calling for the creation of a government office devoted solely to the topic and laying out a broad-stroke plan to preserve Utah's natural jewels and cultivate outdoor recreation as a pillar of its economy.
Herbert revealed the plan a day after organizers of one of the world's largest outdoor gear trade shows announced they will keep the convention in Salt Lake City through 2016. The long-term future of the show, which is under way this week, remains murky though because of a shortage of convention floor space and lodging for convention-goers.
Herbert said Wednesday he hopes the biannual show — which draws more than 20,000 people and pours an estimated $40 million into Utah's economy every year — will make Salt Lake City its permanent home.
Organizers had threatened to move the event if the state didn't demonstrate its commitment to preserving public lands and solve the space issues. They asked Herbert in August to share his vision for the industry by January.
Herbert's plan calls for a new government office that would be devoted solely to outdoor recreation. Its duties would include organizing an annual summit where outdoor businesses, recreationalists and other stakeholders gather.
The plan also says Utah should stand by its desire to take control of federal lands. With or without the show, the principles in the plan will help to guide the state in balancing outdoor recreation and public lands, the governor noted.
"This is a pathway, a framework, for us to work together, despite some differences we may have," he said at a news conference.
The retail show is sponsored by the Boulder, Colo.-based Outdoor Industry Association, which represents companies such as Patagonia and The North Face.
Its president and CEO, Frank Hugelmeyer, lauded the governor for his commitment to making sure outdoor recreation and Utah's public lands are protected. He called Hebert's vision "unprecedented" and said it could serve as a blueprint for other states.
Hugelmeyer said the two-year extension of the show allows both sides to work on what are "pretty big issues" regarding the logistics of keeping Salt Lake City a viable location for the growing show. The governor's vision leaves some unresolved issues, he said, such as the state's desire to control federal lands. But, it includes mechanisms that will enable them to solve those issues in future years, he said.
The association opposed a bill signed by Herbert in March that demands the federal government relinquish control of public lands in Utah by 2014. It also opposes Utah's effort to open thousands of dirt paths across public lands to motor vehicles. But despite those differences, Hugelmeyer said Salt Lake City remains a great fit for the show.
"We're in the business of meaningful experiences, and Utah is one of the great places on the planet to have meaningful experiences," Hugelmeyer said.
Convention-goers crammed into the Salt Palace Convention Center Wednesday to look at hiking shoes, beanies, wool socks and countless other products used for outdoor recreation. People sat on the edges of a wide staircase while they ate lunch and looked at their computers.
Several retailers said they hope the show stays in Utah, but acknowledged that the state must solve the space and lodging issues. Robert Gardner, president and CEO of Joovy, said the show has a great vibe in Salt Lake City but said there's no way it can stay here beyond 2016 without more room for exhibitors. His company displayed its kid strollers and bikes in an exhibition tent at last summer's show.
"The tent was way better than I thought it would be, but it's still a tent," Gardner said.
Jay Rossbach, sales director for Hotmocs, had to stay at hotel in West Jordan, a Salt Lake City suburb about 15 miles south of the convention center. But he said he can't see the show anywhere else, and hopes more hotels are built in downtown Salt Lake City.
"Please don't put it in Vegas," said Rossbach, whose company sells beanies and neck gators.
Salt Lake City has plenty of nearby skiing and outdoor activities and is not too overwhelming for many who come from small mountain towns, said Taylor Mallard, marketing manager for Bozeman, Mont.-based Oboz Footwear.
"To me, Salt Lake makes perfect sense— minus the space issue," Mallard said. "It's like a mountain town, only bigger."
Two weeks ago, the state approved a $2.66 million grant to build a 150,000-square-foot exhibition tent near the city's convention center to add space for the show. Officials also are exploring temporary lodging options, including lodging at the University of Utah campus.
Sales of outdoor products and sporting goods bring $5.8 billion to Utah's economy every year and $60 million in state and local sales taxes. Utah's tourism is driven by visitors enjoying of the state's canyons, mountains and desert areas, and the state has highest the percentage of outdoor and sporting good jobs in the country.
Alan Matheson, the governor's environmental adviser, said the state also recognizes that easy access to outdoor activities attracts businesses in other industries, such as high-tech companies.
The state's new outdoors plan is a great first step, but now the details need to be hammered out, said Ashley Korenblat, president of Western Spirit Cycling in Moab, a mountain biking town that draws people from around the world. Korenblat said upcoming outdoor gear shows offer a chance to check in every six months see if the state is producing results.
"That will prohibit this vision from being another binder on the shelf just gathering dust," she said.
Though she finds the plan encouraging, she said the "elephant in the room" remains the state's federal lands grab. There's still a lot of industry concern with the way those lands would be managed if the state took control, she said.
Matheson said that if the state did control those spaces, it doesn't mean they'd sell them all off or use all the land for energy development.
"The people of Utah love these lands — love our natural gems. And we're not going to do anything to lose those treasures," he said.
The governor, who is a big proponent of energy development, said the state would do a better job than the federal government of juggling the demands of the energy and outdoor industries.
"It should be a balanced approach," Herbert said. "Not everything should be protected, and not everything should be developed."
Herbert dodged a bullet by keeping the trade show in Utah, said one business leader who quit Herbert's outdoor recreation advisory council in protest over the Republican governor's policies.
"I think it's a meaningful first step," said Peter Metcalf, president and chief executive of Salt Lake City-based Black Diamond Inc., a manufacturer of outdoor gear. "It states how important outdoor recreation is to Utah — our public lands, waterways and clean air.
"I'm gratified — but now comes the real work," he said. "Utah has been ground zero for radical policies threatening our public lands."
Associated Press writer Paul Foy contributed to this report. | <urn:uuid:3d7d0983-a52d-4f6c-9022-12768b8be6b5> | CC-MAIN-2013-20 | http://washingtonexaminer.com/utah-governor-unveils-outdoor-recreation-plan/article/feed/2066077?custom_click=rss | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704713110/warc/CC-MAIN-20130516114513-00001-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.968313 | 1,496 | 1.585938 | 2 |
Wirelessly Share Content—Securely
CloudFTP is a pocketsize device that, like your Apple computer with AirDrop, creates it’s own WiFi network. So you can take this device with you, anywhere.
Connect an external USB device to CloudFTP and your other WiFi enabled devices, such as your iPad, iPhone, computer, will be able to connect to that external device, wirelessly. Yet, another way to stream movies and photos to your iDevices without having to copy them over. If capable, on the WiFi devices, you may also be able to open and even manage files on that external device.
I’m not sure if the dedicated app for iOS and Android has been completed, but you presently access the features through a web browser.
CloudFTP is a great invention that was funded by Kickstarter. A wonderful micro-loan site, visit Kickstarter.com to see some great and wacky concepts that may or not have made it off the ground.
Learn more about CloudFTP here: Kickstarter—CloudFTP | <urn:uuid:3c36da67-7ee5-47d8-be36-144d8ddf493f> | CC-MAIN-2013-20 | http://macgroup.org/blog/2012/04/12/cloudftp/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368701459211/warc/CC-MAIN-20130516105059-00004-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.939678 | 219 | 1.742188 | 2 |
1922. Directed by Fred Newmeyer. Camera: Walter Lundin.
With Harold Lloyd, Mildred Davis, Anna Townsend, Charles Stevenson, Noah
Young, Dick Sutherland.
The setting is Blossom Bend, and we are introduced to Sonny, a meek
young man, at 19, "the boldest thing he ever did was sing out loud in
church." Sonny and his girl, Mildred, are making ice cream as a
surprise for her Ma. The bully moves in, intimidates Sonny, and
finally throws our Boy down a well. Sonny's "Never Shrink Brand"
suit, he learns, does not live up to its name: he walks home (
"mostly uphill, and no shade" ) with shirt cuffs and socks boldly
showing. Granny believes in Sonny, even if he does not. She
encourages him to throw the town tramp, The Rolling Stone, out of their
yard, but Sonny can't do it—Granny does.
That night, Mildred is hosting a party at her house, and Sonny (having
ruined his only suit) must wear his Granddaddy's outfit—he arrives at
her house "dressed strictly up to date—for the Spring of 1862."
Upon finding mothballs in his suit, he sneaks them into a candy box:
both Sonny and the bully wind up eating them.
Later that evening, a posse arrives at the house, announcing a search
for the tramp, who is wreaking havoc in town. Sonny unwillingly
becomes a member of the posse, but cowardice chases him home, and under
his sheets. Granny seizes the opportunity to tell Sonny a Civil
War story about his Granddaddy, who was also a coward...until he was
presented with a magic talisman, the Charm of Zuni, which gave him
courage. Granny just happened to have that very charm, and gave it
Armed with a new-found courage, Sonny single-handedly captures the
tramp, and wins the admiration of the town. The only thing left to
do, with this courage of a lion, is to whip the bully. After he
gives the bully his comeuppance, Granny reveals that the charm was
nothing more than an umbrella handle: "There was no charm, Sonny;
it was all you. Granny knew her real boy better than he knew
himself." After this revelation, Sonny thought of just one more
thing to do: propose to Mildred. At first he thought he
needed the charm to stand up to her, but then threw it away, heeding his
Granny's words. Sans talisman, he proposed to his coquette: "Do
you love me? " Yes. "WILL YOU MARRY ME?" Yes.
"RIGHT NOW?" Yes. Sonny carries her off to a wonderful new life.
on August 12, 1922:
"...The best picture Harold Lloyd ever made. The comedian's
first fling in the five-reel comedy field is a tremendous success."
Variety, from June 16, 1922: "It is a knockout, clean at
all times, and composed of truly funny situations. It is Harold
The reviews for this film
stand as a testament to its importance in its day. The New York
Morning Telegraph reviewed the film on September 10, 1922: "...A
monument ought to be erected to the man who put the Lloyd in celluloid."
The Moving Picture World,
This picture had two working titles:
The White Feather and He Who
Hesitates. Said Lloyd, in a January 1959 interview: "We
started it as a two-reeler, but it had a strength to it that we just
couldn't keep it at two reels...it developed into a five-reeler, which
was really our first true feature picture." (The word " true " is
key here, for, in those days, anything four reels or more in length was
considered a feature.) The film cost $86,012.38 to shoot, and
Diana Serra Cary was a child actress in the silent film era, known as
Baby Peggy to millions of fans. According to her autobiographical
Whatever Happened to Baby Peggy?, in
1922, the Baby Peggy film, Grandma's Girl, a satire of Lloyd ' s
Grandma's Boy, was canceled after she got pneumonia, then the
director had a breakdown, and finally there was a fire at the studio.
From the Roach production logs: "Mr.
Lloyd left for New York on Monday, December 2, but the Lloyd staff is
held intact except Jean Havez. Those people not otherwise engaged
will be charged against the Lloyd picture for this week as they are
doing what the condition of the weather will allow them to do to
continue with the picture." Roach, Lloyd, and Mildred Davis
arrived back from New York on January 24, 1922, a Tuesday, and was back
at work on Thursday, January 26. Exteriors and story work were
done while he was gone. And, Harold was out sick from February 20
to 26. Most of the film was shot at Hal Roach Studios, Culver
Grandma 's Boy was the only comedy
named to the list of Top Ten Pictures of 1922 in Film Year Book
(it was number two). In addition, it was among the Top 40 Best
Pictures of the Year by the National Board of Review.
President Warren G. Harding, careworn over
strikes in the coal mining and railroad industries at the time, saw
Grandma 's Boy on Thursday, August 10, 1922. According to
The Denver Post: "For an hour the President forgot the
momentous cares of his office and almost rolled out of his chair with
hilarious laughter. He came out of the show, saying he felt more
refreshed than he had for three weeks. Harold Lloyd ' s new
comedy, Grandma's Boy, was the 'medicine' that brought sunshine
hack to the President's countenance. It was administered, upon the
urgent request of the President's private physician, after every other
remedy had failed."
The sheet music for the film, "Grandma's Boy," had lyrics co-written by
Jean Havez, who contributed to the film's screenplay. Grandma's
Boy was the first of three consecutive films which costarred the
lovely Anna Townsend. It was also, along with Safety Last!, The
Freshman, and The Kid Brother, among the quartet of Harold's
favorites of his films.
The Harold Lloyd Encyclopedia,
by Annette D'Agostino Lloyd
McFarland & Company, Inc.,
NC and London, 2004 | <urn:uuid:7bd6d030-30e5-4221-96ca-132b76201e12> | CC-MAIN-2013-20 | http://www.doctormacro.com/Movie%20Summaries/G/Grandma's%20Boy.htm | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705953421/warc/CC-MAIN-20130516120553-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.964893 | 1,458 | 1.515625 | 2 |
Big, Bigger, Too Big?
From Los Alamos to Fermilab and the SSC
By Lillian Hoddeson, Pais Prize Invited Talk, Atlanta Meeting, April 2, 2012
I am honored to be awarded this year's Pais Prize, and in particular for my work on big labs, which I started more than 35 years ago as I was making a switch from physics to history of physics. I was then taking graduate courses at Princeton in history of physics while teaching physics at Rutgers. To use some solid-state physics I had studied in grad school, I decided to write one of my term papers on basic research at AT&T, a group that eventually turned into Bell Laboratories. This topic pleased my Princeton mentor, Tom Kuhn, because I was able to go on and study how the quantum theory of solids impacted Bell Labs. During this period Charles Weiner and later Spencer Weart, the first and second directors of the AIP Center for History of Physics, taught me how to conduct oral history interviews for use in studying recent physics.
My plan to write a book about Bell Labs never materialized because of two unexpected, wonderful opportunities that arose after I moved to Illinois in 1977, opportunities that led to histories of Los Alamos and Fermilab. It is largely those histories that I'll draw on in this talk, about the road that led from Los Alamos to the SSC via Fermilab. As we know, this road was eventually blocked, but is still worth studying.
Los Alamos. The story of how I came to study Los Alamos had some humorous moments even in my very first visit there, in March 1977. Soon after my arrival, I was contacted by Mike Simmons and Dave Sharp, coheads of the Theoretical Physics Division. They knew I was an historian and interested in laboratories because an article of mine on Bell Labs had just appeared in Physics Today. They had come upon a safe full of interesting wartime documents which they had been ordered to send to the National Archives. At that time Los Alamos had a records center but no archives. They were reluctant to send the safe to Washington because they had heard that this would be like sending the papers into a black hole.
I was happy to try to help, but I had no clearance. I was escorted to the safe, and had to turn my back while David Campbell, Gordon Baym, and Mike Simmons examined the documents. I listened with great interest to their comments: "Wow, here's a handwritten calculation by Bethe!" "Here's Feynman's notebook!" "This letter addressed to Henry Farmer [Fermi's code-name] starts out ‘Dear Enrico!'." My favorite overheard comment was "My God, Gamov's gin bottle!" (Gamov was known to keep that cherished object safe in the safe.) All this led eventually to the Los Alamos archives and to its history project. The first outcome of that was the technical history, Critical Assembly, which I coauthored with archivist Roger Meade and two history graduate students, Paul Henrickson and Catherine Westfall. At first Los Alamos was not sure it wanted to fund the project. The director of the laboratory, Harold Agnew, is reputed to have told Simmons, "Los Alamos needs a history project about as much as it needs topless waitresses in the South Mesa Cafeteria."
This remark is difficult to understand. Project Y, the Los Alamos lab's original name, was a very well-funded, large military research facility run jointly by Robert Oppenheimer and General Leslie R. Groves. Its goal was to build uranium and plutonium bombs in time for possible use in World War II by the summer of 1945. Most people at Project Y had a security clearance and worked "behind the fence," but Oppenheimer nevertheless shaped the lab into a research facility, with theory and experimental divisions, study groups, and seminars, because he understood that fundamental research, and especially physics, was essential to solving the technical problems. That is why people like Bethe, Feynman, Rudolf Peierls, Edward Teller, John von Neumann, Luis Alvarez, Bob Bacher, Bob Wilson, Ed McMillan, Niels Bohr, Enrico Fermi, Normal Ramsey, George Kistiakowsky, and many other leading scientists were needed there.
The original program soon grew into a much larger effort in response to a physics discovery made in April 1944 by three of Emilio Segré's graduate students. Working in a secluded New Mexico canyon, they found that in reactor-made plutonium there is a small but significant amount of naturally occurring spontaneous fission, a process emitting neutrons. As the spontaneous fission rate was five times that of the cyclotron-produced samples used until then, attempting to assemble a plutonium weapon using gun assembly—which is a slow process in comparison with the speed of a nuclear explosion—was far too risky. The extra neutrons could set off the explosion too early, causing a "fizzle." An alternative method was needed to assemble a plutonium weapon. Uranium could be, and was, assembled by the gun method; for plutonium, the only conceivable possibility was implosion, a far more rapid assembly. But it was a stretch to make implosion assembly work because the physics was poorly understood.
Groves didn't want to waste the huge investment already made in plutonium production, so he simply ordered Oppenheimer to make an implosion bomb by summer 1945. This required a total reorganization and expansion of the laboratory in the summer of 1944—just one year before the deadline. Oppenheimer added, among other things, a new explosives research division under Kistiakowsky, and a new implosion research division under Bacher. Thus what started as a small, back-burner implosion program grew into a model ``big science'' program. But the program was very different from existing physics labs, and not only because of the secrecy. First, its work required scientists to collaborate with military and engineering people. Second, it had access to effectively unlimited funding. Third, it had an extremely tight military deadline. Not science as usual! The project had to move faster, and its products, the weapons, had to work reliably. The result was a conservative and redundant research strategy aimed at avoiding risk. Both bombs—and especially the implosion bomb—turned out to be overdesigned clunkers. The strategy paid off, but the special conditions that nurtured the new approach could continue only under the unique wartime pressures.
Fermilab. My work on Fermilab also started out in an unusual, somewhat humorous way. Bob Wilson had included an archives area in the blueprints for his distinctive new Hi-Rise. His archives committee contacted Joan Warnow, the archivist at the AIP Niels Bohr Library and Center for the History of Physics, who told the committee's chairman Dick Carrigan that I had just moved to Illinois and might be available. I hadn't expected to work on history of high-energy physics—and certainly not as an archivist, for which I had no training— but I was interested and agreed to help on a part-time basis.
Not long after, Bob Wilson came by and asked how I was doing. He was unimpressed when I told him what I'd learned about computerizing collections and protecting documents. When I pulled out the new fireproof boxes I had bought, he struck a match and set one on fire, causing huge flames in the middle of the history room, which fortunately died down quickly. Wilson said, "Well good. They work!" and walked out. It took me a while to realize that what Bob really wanted was a history project, with an archives and a reading room to offer culture to his staff. That suited me fine. I was delighted and relieved when in 1983, Leon Lederman, Fermilab's second director, hired Adrienne Kolb to handle the archives. She and I have worked together ever since. Later, Catherine Westfall joined us in studying Fermilab's early history, and we all eventually collaborated on Fermilab: Physics, the Frontier, and Megascience.
Many ties connect Fermilab to both Lawrence's Lab and Los Alamos. For instance, Wilson had been one of "Lawrence's boys" when he was in grad school, and in 1967 when the 200 BeV project came to Illinois, it came from Berkeley. At Los Alamos, Wilson headed the cyclotron group and later the experimental physics division. The network became most clear to me when I interviewed Priscilla Duffield, Lawrence's secretary at LBL. She later worked in a similar capacity for Oppenheimer at Los Alamos, and then for Wilson at the National Accelerator Lab, NAL, later named Fermilab. Before Duffield, Wilson's first assistant was Rose Bethe, who had helped Oppenheimer set up the Los Alamos housing office. In one interview, Wilson told me that in creating NAL he tried to recreate a science city reminiscent of Los Alamos.
Certain approaches in building Fermilab's accelerators and other apparatus resemble those used at Los Alamos, in that they often mixed engineering and scientific approaches—but unlike Los Alamos, it had a lot to do with the fact that funds, especially in the 1970s, were limited at Fermilab. But for Wilson, frugality was not just a response to limited funding but a matter of aesthetics. He liked to design minimally, taking measured risks and generally working with the least possible amount of money. He famously wrote: "Something that works right away is over-designed and consequently will have taken too long to build and will have cost too much." Subsequently, many experimentalists at Fermilab suffered because of Wilson's underdesigned Main Ring and inadequate experimental areas. But at least they had an accelerator to work with, with which they eventually discovered the bottom quark.
One of the best examples of the mixing of experimental and scientific approaches at Fermilab was in developing the pioneering superconducting accelerator magnets for Wilson's Energy Doubler, designed to double the energy of the Main Ring. It was a good idea, but the early magnets did not work well. Alvin Tollestrup succeeded in making working Doubler magnets using a brute force approach remarkably similar to that used at Los Alamos in its implosion development, building over a hundred prototypes and changing just one attribute from magnet to magnet. The Doubler was completed under Lederman, and became the basis of the Tevatron. With it Fermilab moved on to much bigger experiments, entering the regime we called "megascience," characterized by long-lasting "strings" of experiments and their follow-ups. In a limited funding context, these strings led to a general reduction in the number of problems being studied, a trend that continued for some time. The research yielded the 1995 co-discovery of the top quark, at the CDF and DZero detectors.
The SSC. I want to preface my story about the SSC with a quote from George Eliot's Middlemarch: "In all failures, the beginning is certainly half the whole." In 1983, with encouragement from George Keyworth, President Reagan's Science Advisor, American high-energy physicists were inspired to "think big" and build the ambitious 40 TeV collider as an American project rather than as an international project as originally conceived. They were led to believe there would be "new money" for it beyond the base program. Such thinking resulted in the 1983 endorsement of the SSC by Stan Wojcicki's Wood's Hole HEPAP subpanel.
The two initial phases of the SSC, between 1983 and 1988—a feasibility workshop called the Reference Designs Study followed by a design workshop called the Central Design Group, or CDG—were directed by Maury Tigner, then widely considered to be the strongest in the new generation of accelerator builders. As these phases took place in Berkeley and as the SSC was then expected, at least by physicists at Fermilab, to end up at Fermilab, it appeared to some that history was repeating itself, especially as the URA, the consortium of research universities managing Fermilab, was also managing CDG. Frank Cole, head of Fermilab's library committee, had been involved in Berkeley's 200 BeV design study in the early 1960s and remembered the traumatic moment when Berkeley physicists learned that the machine would be in the Midwest, instead of California. Sensitive to the formal analogy between the SSC and Fermilab stories, Cole suggested in 1985 that Adrienne start collecting documents and prepare an evolving chronology about the evolving SSC for an eventual history. I subsequently joined the history part of her effort. It led to a proposal to DOE, also coauthored with Peter Galison, to fund an SSC history project. But while Alvin Trivelpiece, the Director of the Office of Energy Research at DOE had informally endorsed our idea of a history project, our proposal received no response. We didn't know yet that Trivelpiece, about whom I'll say more in a moment, was just then in the process of leaving DOE. Adrienne and I continued working, and in 1994, not long after the cancellation of the SSC, Michael Riordan asked to join with us. After succeeding in getting a substantial NSF grant in 1995 for a four-year (eventually five-year) project to write a history of the SSC, we interviewed many of the people involved in the history, collected huge numbers of documents (saving the entire archival collection of the discontinued SSC), and began writing draft chapters. But it was a much bigger story than we had realized, and finishing the research required a later NSF grant in 2008.
To get back to the CDG: like his Cornell mentor Robert Wilson, believed in building imaginative and frugallydesigned accelerators. A crucial feature of CDG's design was the boldly small 4 cm aperture of its magnets, designed to achieve 6.5 Tesla. With an accelerator ring 52 miles in circumference, the CDG-designed machine was to achieve 20 TeV in each proton beam at the cost of roughly $3 billion. CDG's frugal Conceptual Design passed its intensive Temple review on April 1, 1986, even though some worried that a 4 cm aperture might not offer adequate field quality.
By this time, however, a number of clouds hung over the SSC's horizon. First, during 1985-6 the SSC's Washington base of supporters dwindled. Keyworth, Donald Hodel, and Jim Leiss left their posts and were replaced by people far less friendly to the SSC. Wilmot Hess, in particular, who succeeded Leiss, did not work well with Tigner. Second, the funding climate worsened and hope for new money faded. Many worried that the "Gramm-Rudman- Hollings ax" might fall on their work; furthermore, Presidential approval, which was required for the SSC given its multibillion-dollar construction budget, was not yet assured. President Reagan approved the SSC only in January 1987, citing the maxim of Kenny Stabler, the Oakland Raiders' quarterback: ‘Throw deep!' Trivelpiece, who received this idiosyncratic endorsement, was by then the SSC's only remaining highlevel advocate in Washington.
A third big cloud was technical, involving shorts and quenches plaguing the development of the SSC's superconducting magnets. After the retirement of Victor Karpenko, a former Livermore engineer who was one of the directors of the CDG magnet program, John Peoples of Fermilab was called in to help coordinate magnet development, then carried out by an awkward collaboration of groups at Brookhaven, LBL, and Fermilab. Peoples recalled, "I was a little bit like the plumber who'd been called in to fix the leaks and the toilets that are overflowing during a dinner party, but I wasn't exactly invited to dinner." Peoples also noticed what he called a "philosophical problem," a misalignment between the research practices of physicists and the military engineering types who responded to orders, unlike physicists who had to be seduced to work in collaborations. At Los Alamos, social misalignments of this kind were easily overcome because everyone shared a common urgent national goal, but at the SSC that was not the case. At the same time, Tigner was constrained in his leadership because he lacked control of the purse strings in paying the different laboratories for their work, which made it hard to efficiently "harness their abilities and enthusiasms," as he once told me.
The clearest sign that the SSC would not follow the road from Los Alamos via Fermilab came early in August 1988, when the DOE issued its official Request for Proposals (RFP) to manage and operate the SSC. More than a year earlier, CDG and URA had sensed, but not understood, a strangeness in the DOE's attitude toward the SSC. CDG had submitted an unsolicited management proposal that received no response. Written by Ned Goldwasser, this earlier proposal argued for solesourcing the SSC's management to URA. Meanwhile, in April 1987, Trivelpiece left the DOE. In retrospect, we can view this response to the unsolicited proposal as an indication that the SSC would not be treated in the same way as prior high-energy physics projects had been treated. But at the time this sign was not correctly interpreted by the physicists. And there was no Leslie Groves to explain it to an Oppenheimerlike leader. As Ed Knapp, the new head of URA, saw it, DOE did not seem to trust physicists to manage a project as big as the SSC. Jack Marburger later commented that any proposal with a multibillion-dollar budget was crossing an invisible line at the DOE beyond which a more elaborate funding and management process was required. If so, the physicists' hope to manage the SSC was doomed from the start.
Knapp read the DOE's RFP as a message that responses were expected to take the form of a DoD-style proposal. To write it, he hired Douglas Pewitt, then working for the Washington-based firm of SAIC. In the proposal, Pewitt included a detailed project management plan calling for teaming between physicists and industrial firms. URA then selected EG&G, Inc. and Sverdrup Corp. CDG was excluded from the proposal writing, to avoid what SLAC director Pief Panofsky saw as a potentially disqualifying conflict in which URA might appear to be taking advantage of its close relationship. This exclusion caused mistrust and resentment, especially as many others in the high-energy community were consulted. Among the off-limit topics was selection of the SSC Director. The CDG physicists considered Tigner the perfect leader, but others worried that he might project the wrong image in Washington. When on August 28, 1988, a selection committee chose Roy Schwitters as the director to be named in the URA proposal, with Tigner listed as Schwitters' Deputy Director, it caused enormous resentment at CDG. And when Waxahachie, Texas was announced as the SSC's home, on November 10, 1988, few members of the CDG were asked to go to Texas, and even fewer elected to go there. Tigner ultimately withdrew from the project when it became clear over the next few months that he and Schwitters had too many differences to be able to work together. In losing Tigner and the CDG, the SSC, and physics more generally, suffered a traumatic loss of continuity and institutional memory.
Meanwhile, the URA's response to the RFP had become a six-inch-thick, three volume document full of technical and practical details. The character of this proposal was fundamentally different from URA's elegant unsolicited proposal of 1987. Knapp later said of URA's response to the RFP, submitted on November 4, 1988, that "bureaucratically it was gorgeous." As DOE received no other proposals, a contract with URA was drafted. With its multibillion budget the SSC takes our story of big labs back to a pattern resembling Los Alamos, but without unlimited funding and without a compelling military mission.
By this time, shrewd observers whose careers were not tied to the SSC could read the future of the SSC in the tea leaves. In late October 1988, Fermilab magnet guru Dick Lundy offered three predictions to his friend Drasko Jovanovic, who was keeping an event logbook: first, that the site for the SSC would be in Texas; second, that URA would be the SSC's M&O contractor; and third, that "the project would fold in equal to or less than five years." Lundy recognized that the SSC, because of its high cost, had moved into a funding category that demanded a project management framework more like Los Alamos but without a wartime context to justify such a framework.
In any case, the SSC experienced continuing culture clashes, not only between physicists and military engineers, but also with the increasingly bureaucratic DOE. The cost of the SSC continued to grow, due in part to more bureaucracy and to design changes that added more conservative and expensive features, like a 5 cm. magnet aperture. But unlike Los Alamos, where cost increases aimed at reducing risk were no issue, Congress saw the SSC's cost increases as the result of poor management. The project was subjected to increasingly uncomfortable public and Congressional scrutiny, while the DOE's management procedures led to the alienation and withdrawal of many of the SSC's most creative scientists. Exacerbated by criticism from scientists in other fields, who feared that the SSC would cut into their fields' funding, and who pressed for its cancellation, and by being in a post-Cold War climate in which physicists had lost much of their earlier cultural prestige, the project failed to gain international support. All of these factors made the SSC crucially different from its predecessors and sealed its doom, closing the road from Los Alamos to the SSC via Fermilab. For American particle physics the death of the SSC was a tragedy that meant years of lost time, money, effort, and emotion. There were few gains for high-energy physics. One possible one is that after the SSC died, high-energy physics research seems to have become a bit more diversified, not nearly as focused as it had been on the single problem of the Higgs particle, which Lederman had originally called the "goddamn particle," because of its elusiveness, before his publishers changed it to the more charismatic "God particle." It may be that Lederman was right the first time.
The articles in this issue represent the views of their authors and are not necessarily those of the Forum or APS. | <urn:uuid:d09861d1-60d5-4803-8385-52ae33a7f860> | CC-MAIN-2013-20 | http://www.aps.org/units/fhp/newsletters/spring2012/hoddeson1.cfm | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698924319/warc/CC-MAIN-20130516100844-00001-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.976561 | 4,766 | 1.65625 | 2 |
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Sun February 26, 2012
Energy Fuels Newt Gingrich's Comeback Plan
When voters in Michigan go the polls Tuesday, it's unlikely many will tick the box for former House Speaker Newt Gingrich. In part, that's because Gingrich has all but written off the state, leaving his opponents to fight over it.
In recent days, he's been focusing his attention on energy policy, promising that, if elected, he'd bring gas prices down to $2.50 a gallon. He links President Obama's energy policy, such as his recent decision to deny the permit to build the Keystone XL pipeline, to today's high gas prices.
Most energy experts say the president has almost no power over the price of gas – that it's determined by world events and global markets; yet Gingrich tells weekends on All Things Considered host Guy Raz that there are indeed ways for a president to affect gas prices.
"The president of the United States has enormous capacity to enable the increased production of American oil and American gas," he says. "By deregulation, by opening up the Gulf, by opening up fields in Alaska, by opening up federal lands."
"If the U.S. goes back to being the largest producer of oil in the world, it will almost certainly bring down the price of oil," Gingrich says.
Right now, domestic oil production is actually at an eight-year high, and the number of domestic oil sources is growing. Whether or not that's affecting prices at the pump, Gingrich credits the production bump to sources on private land in North Dakota as opposed to federal land, where he says production is down.
Been Down Before, But He's Not Out
Gingrich is hoping this focus on energy will return him to front-runner status in the GOP race for the party's presidential nomination.
"My goal is to come back, repeat what we did in South Carolina, win a number of states on Super Tuesday and, on a very positive basis built around energy and $2.50 a gallon gasoline, build a majority and start winning decisively," he says.
That's why his campaign skipped over Michigan, so don't count him out for the nomination, he warns.
"I was supposedly dead back in June and July, and by December — without having bought a single ad, just on the power of positive, big ideas — I was ahead," he says.
Texas and California have yet to weigh in, as well. Gingrich says Texas Gov. Rick Perry believes virtually all of the state's 155 delegates will go to him.
"And I think, we have a very real shot because of the way California's now apportioned," he adds.
Damning Rivals With Faint Endorsements
Some Republicans have urged Gingrich to drop out of the race for the good of the party. He's down in the national polls, and many so-called "establishment Republicans" don't believe he'll recover.
"These are exactly the people who said in June it was hopeless," Gingrich says. "This has been a very up-and-down race. There's not a single state where [Mitt] Romney's met expectations. He is the weakest front-runner in modern times."
In the bitter fight between the two candidates, Gingrich has made it clear he doesn't believe the former Massachusetts governor to be a true conservative. Yet Gingrich says he'll still endorse Romney – IF he doesn't win the nomination himself.
"None of us want to see Barack Obama re-elected," he says. "We think it would be a disaster for the country."
"Romney's certainly not a radical on the scale of Obama, so it's a comparative decision," Gingrich says. "I think Obama's a genuinely dangerous radical who's out of touch with reality and whose vision of the world is fundamentally false. So I would gladly support either [Rick] Santorum or Romney if the alternative was Barack Obama."
And if Gingrich didn't win the nomination this time around, would he run again? "I have no idea, it's a long way off," he says, quickly adding, "since I intend to be the nominee this time, it's a moot question."
GUY RAZ, HOST:
It's WEEKENDS on ALL THINGS CONSIDERED from NPR News. I'm Guy Raz.
When voters in Michigan go to the polls on Tuesday, it's unlikely many will tick the box for Newt Gingrich, in part because Gingrich has all but written off the state and has left his opponents to fight over it.
In recent days, he's been focusing his attention on energy policy and has promised if elected, he'd bring gas prices down to $2.50 a gallon. We reached him on the line, and I first asked him why he wasn't competing in Michigan.
NEWT GINGRICH: Well, we made a decision that Michigan was going to be a fight between Santorum and Romney, and I wanted to focus on what comes after Michigan and Arizona. So we'll begin working Washington state, Oklahoma, Idaho. You know, we're laying out our particular rhythm of what we think will work.
RAZ: You vowed to take your campaign all the way to the convention. What is your strategy if you get there with just a handful of delegates? I mean, how would you get the nomination at that point?
GINGRICH: Well, I think, first of all, that the whole situation will clarify itself over time. You know, I was supposedly dead back in June and July. And by December, without having bought a single ad, just on the power of positive, big ideas, I was ahead by somewhere between 15 and 21 points in national polling.
And so my goal is to come back, repeat what we did in South Carolina, win a number of states on Super Tuesday. The two biggest states, Texas and California, don't occur till the end of May and the beginning of June. The governor of Texas believes that I will probably win virtually all the 155 delegates in Texas.
And I think we have a very real shot because of the way California's now apportioned that we could win a surprising number of delegates from California. So I think I'm very comfortable going all the way to Tampa.
RAZ: If you are, say, not the nominee, and let's say Mitt Romney is, could you foresee endorsing him, even campaigning for him?
GINGRICH: Of course. Look, I think compared to the re-election of Barack Obama, all of us are going to be on the same team. None of us want to see Barack Obama re-elected. We think it'll be a disaster for the country.
RAZ: But I mean, you've made it clear that you don't believe Mitt Romney is a true conservative.
GINGRICH: Yeah. But Romney is certainly not a radical on the scale of Obama. So it's a comparative decision. I think Obama is a genuinely dangerous radical who's out of touch with reality and whose vision of the world is fundamentally false. So I would gladly support either Santorum or Romney if the alternative was Barack Obama.
RAZ: Let me turn to energy policy now. Most energy experts say the president of the United States has very limited power over the price of gas, that it's determined by world events and global markets. So explain how you would lower the price to $2.50 a gallon.
GINGRICH: Well, it depends on whether you're talking about tomorrow morning or you're talking about over a three or four-year period. The president of the United States has enormous capacity to enable the increased production of American oil and American gas by deregulation, by opening up the Gulf, by opening up fields in Alaska, by opening up federal lands.
You know, 85 percent of the acreage offshore is currently unavailable for exploration. It's estimated that by simply permitting to go back to regular business in Gulf, you add 400,000 barrels a day to American supply. If you permit the development of known resources in Alaska, you add about a million, 200,000 barrels a day to American supply.
And that's without expanding in any significant way. And it's a basic fact of supply and demand. If the U.S. goes back to being the largest producer of oil in the world, it will almost certainly bring down the price of oil.
RAZ: Let me go back to the campaign trail for a moment. Some Republicans, as you know, I'm sure have experienced, have urged you to drop out of the race, they say for the good of the party. I mean, you're down, of course, in the national polls. That's a fact. Many so-called establishment Republicans don't believe you will recover. I know you have recovered in the past, but we're now getting pretty close to the wire. At what point do you reassess?
GINGRICH: These are exactly the people who said in June, it was hopeless. I became - I was the front-runner in December. You could've asked Romney why he didn't drop out. I was the front-runner again after South Carolina. This has been a very up-and-down race. There's not a single state where Romney's met expectations. He is the weakest front-runner in modern times despite outspending the rest of us by more than three to one.
He failed to knock me out in Florida, even though he spent five times as much money, 99 percent of it negatively. I still came in second. And, in fact, I carried North Florida. And I'm very proud of the fact that places I carry, Republican turnout is up; and the places he carries, Republican turnout is down. So I'm pretty happy to be doing what we're doing. I think my message of 2.50 a gallon gasoline is getting through.
RAZ: Do you think that the eventual Republican nominee will be able to defeat Barack Obama in November as it stands now?
GINGRICH: Oh, I think the Republican nominee will beat Barack Obama because I think five or $6 a gallon gasoline, a decaying economy, a $2 trillion deficit, a weak national policy, and apologizing for America across the world is not a very good model to run for election on.
RAZ: If you are not the nominee this time around, would you run again?
GINGRICH: I have no idea. It's a long way off. Since I intend to be the nominee this time, it's a moot question.
RAZ: Well, Speaker Gingrich, thank you so much for your time.
GINGRICH: Thank you. Enjoyed talking to you.
RAZ: And for more on Newt Gingrich's energy policy claims and the counterclaims, visit npr.org. Transcript provided by NPR, Copyright National Public Radio. | <urn:uuid:575e7bcf-cfd1-4bc6-b913-5859df30e32b> | CC-MAIN-2013-20 | http://wamc.org/post/energy-fuels-newt-gingrichs-comeback-plan | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368700264179/warc/CC-MAIN-20130516103104-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.971031 | 2,334 | 1.53125 | 2 |
Photo of the Week: New Prosperity in Nicaragua
Fatima del Rosario Estrada takes a moment to play with her granddaughter.
Fatima del Rosario Estrada takes a moment to play with her granddaughter as she roasts a pile of rice husks in her backyard in order to produce compost. Fatima makes the compost for the Tomatoya-Chagüite Grande cooperative in northern Nicaragua. She can roast as many as 240 bags in a month, earning $1 per bag. The extra income helps her buy clothing, shoes and better food for her family.
“We used to eat just beans and cheese,” Fatima says. “Now we also have pasta, rice, meat, chicken and vegetables.”
With TechnoServe’s assistance, vegetable farmers in the communities of Tomatoya and Chagüite Grande have turned their cooperative into a successful business that is creating new prosperity for families. Learn more about our work with the cooperative. | <urn:uuid:aa61d2a9-8051-4b16-9b6b-f242e8322417> | CC-MAIN-2013-20 | http://www.technoserve.org/blog/photo-of-the-week-new-prosperity-in-nicaragua/tag/Value+Chains | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368709037764/warc/CC-MAIN-20130516125717-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.957403 | 205 | 1.546875 | 2 |
Many people might say they would choose to pay the rent but Kirby Carlson, 39, of Springfield, didn’t have a choice. He had to find dental care, even if he couldn’t afford it.
The Persian Gulf War veteran has suffered from a tooth infection during the last year and has needed up to three teeth pulled for months. He says that last month alone he paid $300 out-of-pocket for dental work, money that came out of benefits from the U.S. Navy. The fees caused him to miss his rent payment, but that is no longer the case after he qualified for a voucher for a free dental cleaning, examination and assessment through a state grant awarded to the Veterans Assistance Commission of Sangamon County April 12.
The Springfield resident is one of the first recipients of the voucher for free dental care paid for by a $35,000 grant awarded by the Illinois Department of Veterans’ Affairs.
Three years after Carlson was honorably discharged from the U.S. Navy, he began to have panic attacks and anxiety, both symptoms of Post-Traumatic Stress Disorder and depression. These symptoms, as well as the loss of his job, didn’t give him motivation to keep up his dental health, and he says it led him to neglect severe problems with his teeth, including a tooth infection.
“I just didn’t floss every day and then I stopped getting checkups every six months,” says Carlson.
He was treated for PTSD and depression at the Veterans Affairs Illiana Health Care Center in Danville, but he was told that he couldn’t receive a tooth extraction or filling unless he was prisoner of war or had an injury that was directly related to combat service.
Carlson has been without steady work with benefits since losing his job at a radio broadcasting company in Peoria in 2004. He has had trouble finding work and dental coverage since. He is unemployed but will soon start looking for a job again.
“It’s been really a rough few years,” says Carlson, who served in the U.S. Navy between 1992 and 1996.
But things are starting to look up for the Springfield resident, and several other Sangamon County veterans who are in need of dental care. More than a dozen veterans, including Carlson, have applied so far to receive a voucher for dental care through the Veterans Assistance Commission of Sangamon County.
Carlson was the first veteran to receive a dental voucher through the VAC. He had his first appointment Tuesday, April 26, through a dental provider that he chose, and luckily it won’t be his last dental visit. He still needs fillings and up to three teeth pulled.
Vouchers will be dispersed to qualified veterans on a first-come, first-served basis for those who meet certain standards put into place by the commission. A single veteran must have an income of $985.83 or less per month or $11,830 per year. For veterans with one dependent or who are married, the standard is $15, 493 per year or $1,291.08 per month.
Each veteran who qualifies will receive a voucher good for one teeth cleaning, examination and assessment, and added care if needed.
Other care providers accept payment plans on more extensive dental care, like fillings and teeth extractions, like the Capitol Community Health Center in Springfield. But getting dental work is not as easy as it sounds for patients who need immediate care or cannot afford payments.
The Veterans Assistance Commission of Sangamon County helps low-income veterans like Carlson get the services they need, like emergency assistance with groceries, rent and utilities, help getting life insurance benefits and arranging clinic and hospital visits. But up until now, there haven’t been resources for veterans in need of dental care.
“It’s providing a service that’s not being offered,” says John Farrow, superintendent of the Sangamon County Veterans Assistance Commission, of the grant.
Before the grant, Farrow says that SCVAC might have referred Carlson to Catholic Charities where veterans are given a limited voucher for up to $500 for dental care if they qualify. But through the VAC grant, veterans like Carlson will be able to get additional services like fillings and other treatments if needed and are not limited by a dollar amount until the dental grant runs out.
Contact Holly Dillemuth at email@example.com. | <urn:uuid:9ffd9057-a84c-4151-99d7-9116740c3559> | CC-MAIN-2013-20 | http://www.illinoistimes.com/Springfield/article-8604-state-grant-helps-vets-find-quality-dental-care.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368711005985/warc/CC-MAIN-20130516133005-00017-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.970836 | 925 | 1.664063 | 2 |
Every so often you may find yourself needing to hold a staff meeting. This could be because your manager has requested it, there is a new development in your team that you need to make everyone aware of or you have a project you would like to discuss. Heading up a meeting can be quite daunting so to ensure you perform to the best of your ability check out our tips.
Just like attending a job interview, preparing before a meeting is vital if you want it to run smoothly. Research into your meeting theme and make notes on what you would like to bring up. Also think about what your meeting objectives are to help you with your structure.
Ensure you organise beforehand. Gather any materials you need to run the meeting and ensure you give attendees plenty of notice. Send through email reminders so people can update their work calendars and attend at the correct time.
It is vital that you choose a location where you are unlikely to be disturbed. Try to pick a meeting room that doesn’t have too many distractions like windows. Ensure it is quiet and large enough to fit the number of people attending.
If you are heading the meeting it will be up to you to raise each meeting point and to set an agenda. Ensure that you address each point thoroughly and that you allow each person to contribute. Keep the discussion going and ensure you develop any thoughts and points.
It’s crucial that you take notes or you ask someone to come along and take ‘meeting minutes’. This is where notes are made about what each person in the meeting says. Action points are also jotted down including who will action them. You should then have these points emailed around to the attendees after the meeting so everyone can monitor the progress.
Get started with our free CV service! Try it today! | <urn:uuid:ba32b29a-5772-468c-9bb5-38a0fb640c6c> | CC-MAIN-2013-20 | http://www.cv-surgeon.co.uk/blog/how-to-organise-a-work-meeting | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368709037764/warc/CC-MAIN-20130516125717-00008-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.960126 | 366 | 1.523438 | 2 |
Yes, but the drop is not "unexpected" and less than predicted.
I bet that makes small businesses feel so much better:
Retail sales fell in May for the first time in 11 months, dragged down by a sharp drop in receipts from auto dealerships, according to a government report that could raise fears of a prolonged economic slowdown.
Total retail sales slipped 0.2 percent, the Commerce Department said on Tuesday, after a downwardly revised 0.3 percent increase in April.
Economists polled by Reuters had forecast retail sales falling 0.4 percent from April's previously reported 0.5 percent rise.
In the 12 months to May, retail sales were up 7.7 percent.
Retail sales last month were depressed by a 2.9 percent drop in sales of motor vehicles, the largest decline since February 2010, as a shortage of parts following the earthquake in Japan left inventories lean and prompted manufacturers to raise prices.
Excluding autos, retail sales rose 0.3 percent last month, the smallest gain since July, after rising 0.5 percent in April.
It doesn't matter if there was a 0.3 percent increase or decrease. The numbers are static. Retail sales should be increasing at 2 or 3 percent a month in a healthy economy.
The real increase is ten times less than it should be. Man, we've got a long, long way to go. | <urn:uuid:2168879b-ef97-4e2e-a782-74632421f895> | CC-MAIN-2013-20 | http://www.americanthinker.com/blog/2011/06/retail_sales_down_in_may_for_first_time_in_11_months.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698207393/warc/CC-MAIN-20130516095647-00014-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.965579 | 288 | 1.726563 | 2 |
To promote a collegial and supportive interdisciplinary environment that fosters excellence in acquiring, producing and communicating socially-relevant knowledge in the fields of health economics and health policy analysis.
Development of new methods and the evaluation of health, health care and health systems are prominent features of CHEPA research. CHEPA researchers lead research programs in the following areas:
CHEPA researchers have established an impressive array of research and knowledge exchange partnerships throughout the health system. Through investigator-initiated studies and through CHEPA’s collaborative research program with the Ontario Ministry of Health and Long-Term Care, researchers are working to improve the performance of the health system.
CHEPA also partners collaboratively with other centres including the McMaster Health Forum and Programs for Assessment of Technology in Health (PATH).
Interactive Marketing | Cubicle Fugitive | <urn:uuid:98a31cfa-155d-4ca5-a427-d3d965a0c86c> | CC-MAIN-2013-20 | http://chepa.org/who-we-are/centre | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368703298047/warc/CC-MAIN-20130516112138-00005-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.93128 | 166 | 1.578125 | 2 |
Thoughts on Socks
When it comes to technological change in the past decade, socks rank right up there with computers, cameras, and digital music, but there is something suspicious about high tech socks with seven different zones, each tailored to the specific needs of the portion of your foot it touches.
Can a thing be suspicious? Maybe not. But I am! From a pure performance angle, high tech socks made with a pinch of wool and a shovelful of science fabrics are unbeatable. They hug and cushion your foot, keep it dry, and wear like iron. They're everywhere you look, too.
Pure wool socks, in comparison, feel much better, hug enough, cushion fine, and last long enough, and are nearly impossible to find in any clothing or sporting goods store in the United States. What's wrong with wearing out a pair of socks? If you're a hobo you may want your one pair of socks to last a year, but if you're in a sock rotation program, socks that feel like wool are more important than socks that wear like iron. I like the idea of wearing socks whose fabric and technology haven't changed ten percent in a thousand years, and my feet don't suffer for it. My all-wool sox get me through everything I ever do with them, and I always do everything I do with them. I've never wished for less wool and more nylon or anything else. This year, buy one pair of 100 percent wool socks and see how they go for you.
Don't overthink them when you get them. Don't chart your usage. Just wear them and don't think about them, and over time they may become your favorites. That's what I'd bet on. Socks are just about the greatest article of clothing on earth. True, you can get by without them, but pushing your foot into a nice pair of socks is always a treat.
Socks make nice fun cheap gifts, too, because everybody likes a fresh new pair, and most people don't get around to buying new socks until they need them. Here's a sock test: If you can't take your socks off without using your hands, the socks are too tight. Tight socks = no good. Socks should have some slop in them. Some people wear their socks inside out, so the toe seam is on the outside, not next to their foot. That sounds extreme to me, but if your toes are sensitive you might want to consider it. I don't have that problem, myself, but I've heard of it. | <urn:uuid:25980e6e-d4a2-4675-903c-39419d871271> | CC-MAIN-2013-20 | http://www.rivbike.com/kb_results.asp?ID=43 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368705953421/warc/CC-MAIN-20130516120553-00012-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.970769 | 525 | 1.523438 | 2 |
Front Page Titles (by Subject) Book II - The Whole Duty of Man According to the Law of Nature
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Book II - Samuel von Pufendorf, The Whole Duty of Man According to the Law of Nature
The Whole Duty of Man According to the Law of Nature, trans. Andrew Tooke, ed. Ian Hunter and David Saunders, with Two Discourses and a Commentary by Jean Barbeyrac, trans. David Saunders (Indianapolis: Liberty Fund, 2003).
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Of the Natural State of Men
I.Condition of MAN. L. N. N. l. 1. c. 1. §6, &c.In the next Place, we are to inquire concerning those Duties which are incumbent upon a Man with Regard to that particular State wherein he finds himself ordained by Providence to live in the World. What we mean by such State, is in general, that Condition or Degree with all its Relatives, in which Men being placed, they are therefore supposed to be obliged to these or those Performances: And such State, whatever it be, has some peculiar Rights and Offices thereunto belonging.1
II.Twofold. Natural and Adventitious. L. N. N. l. 2. c. 3. §24.The State of Man then may be distinguish’d into either Natural or Adventitious. The natural State, by the Help of the Light of natural Reason alone, is to be considered as Threefold, Either as it regards God our Creator, or as it concerns every single Man as to Himself, or as it affects other Men; concerning all which we have spoken before.
III.Natural State Threefold. First.The Natural State of Man consider’d in the first mention’d Way, is that Condition wherein he is placed by the Creator pursuant to his Divine Will, that he should be the most excellent Animal in the whole Creation. From the Consideration of which State, it follows, That Man ought to acknowledge the Author of his Being, to pay Him Adoration, and to admire the Works of His Hands; and moreover, to lead his life after a different Manner from that of the Brutes. So that the contrary to this State is the Life and Condition of Brutes.
IV.Second. L. N. N. l. 2. c. 2. §2.In the second Way we may contemplate the Natural State of Man, by seriously forming in our Minds an Idea of what his Condition would be, if every one were left *alone to himself without any Help from other Men.2 And in this Sense, the Natural State is opposed to a Life cultivated by the Industry of Men.
V.Third.After the third Way we are to regard the Natural State of Man, according as Men are understood to stand in respect to one another, merely from that common Alliance which results from the Likeness of their Natures, before any mutual Agreement made, or other Deed of Man perform’d, by which one could become obnoxious3 to the Power of another. In which Sense, those are said to live reciprocally in a State of Nature, who acknowledge no common Superior, and of whom none can pretend Dominion over his Fellow, and who do not render themselves known to each other, either by the doing of good Turns or Injuries. And in this Sense it is, That a Natural State is distinguish’d from a Civil State, that is, The State of Man in a Community.4
VI.Consider’d again Two ways L. N. N. l. 2. c. 2.Moreover, the Property of this Natural State may be consider’d, either as it is represented to us notionally and by way of Fiction, or as it is really and indeed. The former is done, when we imagine a certain Multitude of Men at the Beginning to have started up into Beings all at once without any Dependence upon one another, as it is fabled of the Cadmean Harvest of Brethren;5 or else when we form a Supposition, that all the mutual Ties, by which Mankind are one way or other united together, were now dissolv’d; so that every Man might set up for himself apart from the Rest, and no one Man should have any other Relation to his Fellow, but the Likeness of their Natures. But the true State of Nature, or that which is really so, has this in it, that there is no Man who has not some peculiar Obligations to some other Men, though with all the rest he may have no farther Alliance than that they are Men, and of the same Kind; and, beside what arises from thence, he owes them no Service at all. Which at this Time is the Case of many Kingdoms and Communities, and of the Subjects of the same, with respect to the Subjects of the other;6 and the same was anciently the State of the Patriarchs, when they liv’d independently.
VII.Paternal Authority.It is then taken for manifest, that all Mankind never were universally and at once in the former Natural State; for those Children who were begotten and born of the Protoplasts, or first created Man and Woman, (from whom the whole Human Race derives its Original, as the Holy Scriptures tell us) were subject to the Paternal Authority. Not but that this Natural State arose afterwards among some People; for Men at first, in order to spread over this wide World, and that they might find for themselves and their Cattle more spacious Abodes, left the Families of their Fathers, and roaming into various Regions, almost every single Man became himself the Father of a Family of his own; and the Posterity of these again dispersing themselves, that peculiar Bond of Kindred, and the Natural Affections thence arising, by little and little were extinct, and no other Obligation remain’d, but that common one, which resulted from the Likeness of their Natures: ’Till afterwards, when Mankind was vastly multiplied, they having observ’d the many Inconveniences of that loose Way of living, the Inhabitants of Places near one another, by Degrees join’d in Communities,7 which at first were small, but grew soon greater, either by the voluntary or forced Conjunction of many which were lesser. And among these Communities, the State of Nature is still found, they being not otherwise obliged to each other, than by the common Tie of Humanity.
VIII.Natural Liberty.Now it is the chief Prerogative of those who are in the State of Nature, that they are subject and accountable to none but God only; in which respect also, this is call’d a State of Natural Liberty, by which is understood, that a Person so circumstanced without some antecedent human Act to the contrary, is to be accounted absolutely in his own Power and Disposition, and above the Controll of all mortal Authority. Therefore also any one Person is to be reputed equal to any other, to whom himself is not subject, neither is that other subject to him.
And farthermore, whereas Man is indued with the Light of Reason, by the Guidance whereof he may temper and regulate his Actions, it follows, That whosoever lives in a State of Natural Liberty, depends not on any other for the Direction of his Doings; but is vested with a Right to do, according to his own Judgment and Will, any Thing he shall think good, and which is consonant to sound Reason.
And whereas Man, from that universal Inclination which is implanted in all living Creatures, cannot but, in order to the Preservation of his Person and his Life, and to the keeping off whatsoever Mischiefs seem to threaten the Destruction thereof, take the utmost Care and Pains, and apply all necessary Means to that End; and yet whereas no Man in this Natural State has any superiour Person, to whom he may submit his Designs and Opinions, therefore every one in this State makes use of his own Judgment only, in determining concerning the Fitness of Means, whether they conduce to his Self Preservation or not. For though he may give ear to the Advice of another, yet it is in his Choice, whether he will approve or reject the same. But that this absolute Power of Governing himself be rightly managed, it is highly necessary, That all his Administrations be moderated by the Dictates of true Reason, and by the Rules of the Law of Nature.
IX.Its Inconveniences.And yet this Natural State, how alluring soever it appears to us with the Name of Liberty, and flattering us with being free from all manner of Subjection, was clogg’d, before Men join’d themselves under Governments,L. N. N. l. 1. c. 3. §3. with many Inconveniences; whether we suppose every single Man as in that Condition, or only consider the Case of the Patriarchs or Fathers of Families, while they liv’d independent. For if you form in your Mind the Idea of a Man, even at his full Growth of Strength and Understanding, but without all those Assistances and Advantages by which the Wit of Man has rendred Human Life much more orderly and more easie than at the Beginning; you shall have before you, a naked Creature no better than dumb, wanting all Things, satisfying his Hunger with Roots and Herbs, slaking his Thirst with any Water he can find, avoiding the Extremities of the Weather, by creeping into Caves, or the like, exposed an easie Prey to the ravenous Beasts, and trembling at the Sight of any of them.
’Tis true, the Way of Living among the Patriarchs, might be somewhat more comfortable, even while they contain’d their Families apart; but yet it could by no Means be compar’d with the Life of Men in a Community; not so much for the Need they might have of Things from abroad, which, if they restrain’d their Appetites, they might perhaps well enough bear withal; as because in that State they could have little Certainty of any continu’d Security.
And, that we may comprehend all in a few words, In a State of Nature, every Man must rely upon his own single Power; whereas in a Community, all are on his Side: There no Man can be sure of enjoying the Fruit of his Labour; here every one has it secur’d to him: There the Passions rule, and there is a continual Warfare, accompanied with Fears, Want, Sordidness, Solitude, Barbarity, Ignorance, and Brutishness; here Reason governs, and here is Tranquillity, Security, Wealth, Neatness, Society, Elegancy, Knowledge, and Humanity.
X.Uncertainty of the State of Nature.9Now though it was the Will of Nature itself,9 that there should be a Sort of Kindred amongst all Mankind, by Virtue of which they might be obliged at least not to hurt one another, but rather to assist and contribute to the Benefit of their Fellows; yet this Alliance is found to be but of little Force among those who live promiscuously in a State of Natural Liberty; so that any Man who is not under the same Laws and Possibilities of Coercion with our selves, or with whom we live loosely and free from any Obligation in the said State, is not indeed to be treated as an Enemy, but may be look’d upon as a Friend, not too freely to be trusted.L. N. N. l. 1. c. 3. §4. And the Reason hereof is, That Man not only is accomplish’d, with an Ability to do Mischief to his Like, but for many Causes has also a Will so to do: For some, the Pravity of their Natures, Ambition, or Covetousness, incite to make Insults upon other Men; others, though of a meek and modest Nature, are forced to use Violence either in defending themselves from imminent Outrages, or by way of Prevention.
Beside that, a Rivalship in the Desire of the same Thing in some; and in others, Competition for Priority in one Quality or other, shall set them at Variance. So that in this State, ’tis hardly possible but that there should be perpetual Jealousies, Mistrusts, Designs of undoing each other, Eagerness to prevent every one his Fellow, or Hopes of making Addition to his own Strength by the Ruin of others.
Therefore as it is the Duty of every honest Man to be content with his own, and not to give Provocation to his Neighbour, nor to covet that which is his; so also it behoves him who would be as wary as is needful, and who is willing to take Care of his own Good, so to take all Men for his Friends, as not to suppose yet but that the same may quickly become his Enemies; so to cultivate Peace with all Men, as to be provided though it be never so soon changed to Enmity. And for this Reason, happy is that Commonwealth, where in Times of Quietness, Consideration is had of Requisites for War.
XI. Most convenient Remedy in Controversies. L. N. N. l. 5. c. 13.Beside, in the Natural State, if any one either will not voluntarily make good what he has covenanted to do, or does another an Injury, or if upon any other Account some Dispute arise; there’s no Man has Authority to force the naughty Person to perform his Bargain, to cause him to repair the Wrong, or to determine the Controversy; as there is in Communities, where I may have recourse for Help to the Civil Magistrate.
And here, because Nature allows not that upon every Occasion we should betake our selves to violent Means, even though we are very well satisfy’d in our Consciences of the Justice of our Cause; therefore we are first to try, whether the Matter may not be composed after a milder Way, either by an amicable Reasoning of the Point in Question between the Parties themselves, or by a free and unconditional Compromise, * or Reference of the Debate to Arbitrators. And these Referees are to manage the Matter with an equal Regard to both Sides, and in giving their Award, they are to have an Eye only to the Merits of the Cause, setting aside all partial Animosity or Affection. For which Reason, it is not best to chuse any Man an Arbitrator in such a Cause wherein he shall have greater Hopes of Profit or particular Reputation, if one Party get the better, rather than the other; and consequently where it is his Interest that that Litigant, at what Rate soever, gain the Point. Hence also there ought not to be any underhand Bargain or Promise between the Umpire and either of the Parties, by which he may be obliged to give his Judgment on the behalf of the same.
Now in this Affair, if the Arbitrator cannot find out the Truth in Fact, neither from the Confessions of the Parties, nor from apparent Writings, nor any other manifest Arguments and Signs; he must then inform himself by the Testimonies of Witnesses; whom, though the Law of Nature obliges, especially being usually reinforced by the Religion of an Oath, to speak the Truth; yet it is most safe not to admit the Evidence of such as are so peculiarly affected to one Party, that their Consciences will be forced to struggle with the Passions either of Love, Hatred, Desire of Revenge, any violent Affection of the Mind, or else some strict Friendship or Dependance; all, or any of which every Man is not endued with Constancy enough to surmount.
Controversies also are frequently made an end of by the Interposition of the common Friends of each Party, which to do, is deservedly accounted among the best Actions of a good Man. For the rest, in the Natural State, when Performances are not made good by either Side of their own Accord, the other seeks his Due after what manner he likes best.
Of the Duties of the Married State
I.Matrimony. L. N. N. l. 6. c. 1.Among those States of Man which we have call’d Adventitious, or in which a Man is placed by some antecedent human Act, Matrimony obtains the first Place. * Which also is the chief Representation of the Social Life, and the Seed-Plot of Mankind.
II.Instituted by Nature.And, first, it is certain, That that ardent Propensity found to be in both Sexes to each other, was not implanted in them by the All-wise Creator, merely that they might receive the Satisfaction of a vain Pleasure; for had it been so, nothing could have been the Occasion of greater Brutishness and Confusion in the World; but that hereby Married Persons might take the greater Delight in each other’s Company; and that both might with the more Chearfulness apply themselves to the necessary Business of Propagation, and go through those Cares and Troubles which accompany the Breeding and Education of Children. Hence it follows, That all Use of the Parts destin’d by Nature for this Work, is contrary to the Law Natural, if it tends not to this End. On which Account also, are forbidden all Lusts for a different Species, or for the same Sex; all filthy Pollutions; and indeed, all Copulations out of the State of Matrimony, whether with the mutual Consent of both Parties, or against the Will of the Woman.
III.Obligation to Matrimony. L. N. N. l. 6. c. 1. §3.The Obligation under which we lye to contract Matrimony, may be consider’d either with respect to Mankind in general, or to our particular Station and Relation in the World. The Strength of the former of these, consists in this, That the Propagation of Mankind, neither can nor ought to be kept up by promiscuous and uncertain Copulations, but is to be limited and circumscribed by the Laws of Wedlock, and only to be endeavour’d in a married State: For without this no Man can imagine any Decency or orderly Society among Men, nor any Observation of the Civil Rules of Life.
But Men singly consider’d, are obliged to enter the Matrimonial State, when a convenient Occasion offers it self; whereto also not only a mature Age, and an Ability for Generation‐Work10 is necessary, but there ought beside to be a Possibility of lighting on a Person of the like Condition, and a Capacity of maintaining a Wife, and the Posterity she shall bring forth; and that the Man may be such a one as is fit to become the Master of a Family.
Not still, but that any Man is excepted from this Duty, who betakes himself to a chaste Single Life, finding his Constitution accommodated thereto, and that he is capable in that, rather than in the Married State, to be useful to Mankind, or to the Commonwealth; especially also, if the Case be so, that there is no Fear of the Want of People.
IV.Matrimonial Contract. L. N. N. l. 6. c. 1. §9.Between those who are about to take upon themselves the Married State, a Contract ought, and is wont to intervene, which, if it be Regular and Perfect, consists of these Heads:
First, Because the Man (to whom it is most agreeable to the Nature of both Sexes, that the Contract should owe its Original) intends hereby to get himself Children of his own, not spurious or supposititious; therefore the Woman ought to plight her Troth 11 to the Man, That she will permit the Use of her Body to no other Man but to him; the same, on the other Hand, being requir’d of the Husband.
And, Secondly, Since nothing can be more flatly contrary to a Social and Civil Life, than a vagabond, desultory, and changeable Way of Living, without any Home, or certain Seat of his Fortunes; and since the Education of that which is the Off‐spring of both, is most conveniently taken Care of by the joint Help of both Parents together: And whereas continual Cohabitation brings more of Pleasure and Comfort to a Couple who are well match’d, whereby also the Husband may have the greater Assurance of his Wife’s Chastity; therefore the Wife does moreover ingage her Faith to her Husband, That she will always cohabit with him, and join her self in the strictest Bond of Society, and become of the same Family with him. And this mutual Promise must be supposed to be made from the Husband to her of the like Cohabitation, the Nature of this State so requiring.
But because it is not only agreeable to the natural Condition of both Sexes, that the Case of the Husband should be the more Honourable of the two; but that he should also be the Head of the Family, of which himself is the Author; it follows, That the Wife ought to be subject to his Direction in Matters relating to their mutual State and to their Household. Hence it is the Prerogative of the Husband, to chuse his Habitation, and she may not against his Will, wander abroad, or lodge apart.
Yet it does not seem essentially necessary to Matrimony, that the Man should have Power of Life and Death, or of inflicting any grievous Punishment, as neither of disposing at his Pleasure of all the Estate or Goods of his Wife: But these Points may be settled between the Married Couple, by peculiar Agreements, or by the municipal Laws of the Place.
V.One Man and one Woman. L. N. N. l. 6. c. 1. §19.Now tho’ ’tis manifestly repugnant to the Law of Nature, that one Woman should have more Men than one at once; yet it obtain’d among the Jews of old, and many other Nations, that one Man might have two or more Wives. Nevertheless, let us allow never so little Weight to Arguments brought from the primitive Institution of Marriage deliver’d in Holy Writ;* yet it will appear from right Reason, That ’tis much more decent and fit for one Man to be content with one Woman. Which has been approved by the Practice of all the Christians through the World, that we know of, for so many Ages.
VI.Contract perpetual. L. N. N. l. 6. c. 1. §20, 21.Nor does the Nature of this strict Union tell us less plainly, That the Bond of Matrimony ought to be perpetual, and not to be unloosed, but by the Death of one Party; except the essential Articles of the principal Matrimonial Covenant be violated, either by Adultery, or a wicked and dishonest Desertion. But for ill Dispositions, which have not the same Effect with such lewd Desertion, it has obtained among Christians, that a Separation from Bed and Board shall be sufficient, without allowing any Ingagement in a new Wedlock. And one great Reason hereof, among others, is this, That too free a Liberty of Divorce might not give Incouragement to either Party to cherish a stubborn Temper; but rather, that the irremediable State of each, might persuade both to accommodate their Humours to one another, and to stir them both up to mutual Forbearance. For the rest, if any essential Article of the Matrimonial Contract be violated, the wronged Party only is discharged from the Obligation; the same still binding the other, so long as the former shall think good.
VII.Moral Impediments. L. N. N. l. 6. c. 1. §27.Any Man may contract with any Woman, where the Law makes no special Prohibition, if their Age and Constitution of Body render them capable of Matrimony, except some Moral Impediment be in the Way: Presupposing, That he or she is under a Moral Impediment, who are already married to some other Person.
VIII.Kindred L. N. N. l. 6. c. 1. §28.And it is accounted a Moral Impediment of lawful Matrimony, if the Parties are too nearly allied by Blood or by Affinity. On which Score, even by the Law of Nature, those Marriages are accounted incestuous and wicked, which are contracted between any Persons related in the Ascending or Descending Line. And for those in the other transverse Order, as with the Aunt, either on the Father’s or Mother’s Side, the Sister, &c. As also those in Affinity, as, with the Mother-in-law, Step-Mother, Step-Daughter, &c. Not only the positive Divine Law, but that of most civiliz’d Nations, with whom also all Christians agree, does abominate. Nay, the Special Laws of many Countries forbid Marriage even in the more remote Degrees, that so they may keep Men from breaking in upon those which are more sacred, by setting the Barrier at a greater Distance.
IX.Ceremony.Now as the Laws are wont to assign to other Contracts and Bargains some Solemnities, which being wanting, the Act shall not be adjudged of Validity: So also it is in Matrimony, where the Laws require, for the sake of Decency and good Order, that such or such Ceremonies be performed. And these, though not injoined by the Law Natural, yet without the same, those who are Subjects of such a Community,12 shall not consummate a legal Matrimony; or at least, such Contract shall not be allowed by the Publick to be effectual.
X.Mutual Duties.It is the Duty of a Husband to love his Wife, to cherish, direct and protect her; and of the Wife to love and honour her Husband, to be assistant to him, not only in begetting and educating his Children, but to bear her Part in the Domestick Cares. On both sides, the Nature of so strict an Union requires, That the Married Couple be Partakers as well in the good as ill Fortune of either, and that one succour the other in all Cases of Distress; moreover, That they prudently accommodate their Humours to each other; in which Matter, it is the Wife’s Duty to submit.
Duty of Parents and Children
I.Paternal Authority. L. N. N. l. 6. c. 2.From Matrimony proceeds Posterity,13 which is subjected to the Paternal Power,* the most Ancient and the most Sacred Kind of Authority, whereby Children are obliged to reverence their Parents, to obey their Commands, and to acknowledge their Pre-eminence.
II. Its Foundation Twofold.The Authority of Parents over their Children, hath its chief Foundation on a Twofold Cause.
First, Because the Law of Nature it self, when Man was made a Sociable Creature, injoin’d to Parents the Care of their Children; and lest they should herein be negligent, Nature implanted in them a most tender Affection for their Issue. Now that this Care may be rightly managed, it is requisite that they have a Power of ordering the Actions of their Children for their Good; because these, as yet, understand not, for want of Discretion, how to govern themselves.
Next, This Authority is also grounded on the tacit Consent of their Offspring. For it may fairly be presum’d, that if an Infant, at the Time of its Birth, had the Use of its Reason, and saw that its Life could not be preserv’d without the Care of the Parents, to which must be join’d a Power over it self, it would readily consent to the same, and desire for it self a comfortable Education from them. And this Power is actually in the Parents, then when they breed and nurse up the Child, and form him as well as they can, that he may become a fit Member of Human Society.
III.Which Parent has greater Right. L. N. N. l. 6. c. 2. §4.But whereas the Mother concurs no less than the Father to the Generation of Children, and so the Offspring is common to both, it may be inquir’d, Which hath the greatest Right thereto? Concerning which Point we are to distinguish: For if the Issue were begotten not in Matrimony, the same shall be rather the Mother’s, because here the Father cannot be known, except the Mother discover him. Among those also who live in a State of Natural Liberty, and above Laws, it may be agreed, that the Mother’s Claim shall be preferr’d to that of the Father. But in Communities,14 which have their Formation from Men, the Matrimonial Contract regularly commencing on the Man’s Side, and he becoming the Head of the Family, the Father’s Right shall take Place, so as though the Child is to pay the Mother all Reverence and Gratitude, yet is it not obliged to obey her, when she bids that to be done which is contrary to the just Commands of the Father. Yet upon the Father’s Decease, his Authority over his Child, especially if not of Age, seems to devolve upon the Mother, and if she marry again, it passes to the Step-Father, he being esteemed to succeed to the Trust and Care of a Natural Father. And he who shall allow liberal Education to an Orphan or a forsaken Child, shall have a Right to exact filial Obedience from the same.
IV.Paternal Authority distinguish’d. L. N. N. l. 6. c. 2. §6.But that we may handle more accurately the Power of Parents over their Children, we must distinguish, first, between Patriarchs, or Chiefs of independent Families; and such as are Members of a Community; 15 and then betwixt the Power of a Father, as Father, and his Power as Head of his Family. And whereas it is injoyn’d by Nature to a Father as such, That he bring up his Children well, in order to render ’em fit Members of Human Society, so long as ’till they can take Care of themselves; hence he has so much Power given him over them, as is necessary for this End; which therefore by no means extends it self so as to give the Parents Liberty to destroy their unborn Offspring, or to cast away or kill it when it is born. For though it is true, the Issue is of the Substance of the Parents, yet it is placed in a Human State equal to themselves, and capable of receiving Injuries from them. Neither also does this Authority vest them with the Exercise of a Power of Life and Death, upon Occasion of any Fault, but only allows them to give moderate Chastisement; since the Age we speak of is too tender to admit of such heinous Crimes as are to be punished with Death. But if a Child shall stubbornly spurn at all Instruction, and become hopeless of Amendment, the Father may turn him out of his own House, and abdicate or renounce him.
V.Childhood. L. N. N. l. 6. c. 2. §7.Moreover, This Power, thus nicely taken, may be considered according to the diverse Age of Children. For in their early Years, when their Reason is come to no Maturity, all their Actions are subject to the Direction of their Parents. During which Time, if any Estate fall to the young Person, it ought to be put into the Possession, and under the Administration of the Father, so that the Property be still reserved to the Child; tho’ it may be reasonable enough that the Profits arising therefrom should be the Father’s till the other arrive at Manhood. So also any Advantage or Profit that can be made by the Labour of a Son, ought to accrew to the Parent; since with the Latter lies all the Care of maintaining and of educating the Former.
VI.Manhood. L. N. N. l. 6. c. 2. §11.When Children are come to Man’s Estate, when they are indued with a competent Share of Discretion, and yet continue themselves a Part of the Father’s Family, then the Power which the Father hath comes differently to be considered, either as he is a Father, or as Head of the Family. And since in the former Case he makes his End to be the Education and Government of his Children, it is plain, That when they are of ripe Years, they are to be obedient to the Authority of their Parents, as wiser than themselves. And whosoever expects to be maintain’d upon what his Father has, and afterwards to succeed to the Possession of the same, is obliged to accommodate himself to the Methods of his Paternal Household; the Management whereof ought to be in his Father’s Power.
VII.Patriarchs Power abridged. L. N. N. l. 6. c. 2. §6.Patriarchs, or Heads of independent Families, before they join’d in Communities,16 acted in many Cases after the manner of Princes, in their Houses. So that their Progeny, who continued a Part of their Families, paid the highest Veneration to their Authority. But afterward, this Family-Royalty (as well as some other private Rights) was moderated for the Benefit and Order of Communities; and in some Places more, in others less of Power was left to Parents. Hence we see that, in some Governments, Fathers have in Criminal Cases a Power of Life and Death over their Children; but in most it is not allowed, either for fear Parents should abuse this Prerogative to the Detriment of the Publick, or to the unjust Oppression of those so subjected; or, lest thro’ the Tenderness of Paternal Affection, many Vices should pass unpunished, which might break forth one time or other into publick Mischiefs; or else, that Fathers might not be under a Necessity of pronouncing sad and ungrateful Sentences.
VIII.17 Marriage with Parents Consent. L. N. N. l. 6. c. 2. §14.And as the Father ought not to turn his Child out of his Family, while he stands in Need of Education and Assistance from him, without the most weighty Reasons; so also ought not the Son or Daughter leave the Parent’s House without his Consent. Now whereas Children frequently leave their Father’s Family on Occasion of Matrimony; and since it much concerns Parents what Persons their Children are married to, and from whom they are to expect Grand-Children; hence it is a Part of filial Duty, herein to comply with the Will of the Parents, and not to marry without their Consent. But if any do actually contract Matrimony against their Liking, and consummate the same, such Marriage seems not to be void by the Law of Nature, especially if they intend to be no longer burthensome to their Parents, and that for the rest their Condition be not scandalous. So that if in any Country such Marriages are accounted null and void, it proceeds from the Municipal Laws of the Place.
IX.Piety ever due to Parents. L. N. N. l. 6. c. 2. §12.But when a Son or Daughter have left their Father’s House, and either have set up a new Family of their own, or joined to another; the Paternal Authority indeed ceases, but Piety and Observance is for ever due, as being founded in the Merits of the Parents, whom Children can never or very seldom be supposed to requite. Now these Merits do not consist in this only, That a Parent is to his Child the Author of Life, without which no Good can be injoyed; but that they bestow also a chargeable and painful Education upon them, that so they may become useful Parts of Human Society; and very often lay up somewhat for them, in order to make their Lives more easie and comfortable.
X.Education intrusted. L. N. N. l. 6. c. 2. §6.And yet, though the Education of Children be a Duty laid upon Parents by Nature it self, it hinders not but that, either in Case of Necessity, or for the Benefit of the Children, the Care thereof may by them be intrusted with another; so still that the Parent reserve to himself the Oversight of the Person deputed. Hence it is, that a Father may not only commit his Son to the Tutorage of proper Teachers; but he may give him to another Man to adopt him, if he perceives it will be advantagious to him. And if he have no other Way to maintain him, rather than he should die for Want, he may hire him out for Wages, or sell him into some tolerable Servitude, reserving still a Liberty of redeeming him, as soon as either himself shall be able to be at the Charge, or any of his Kindred shall be willing to do it. But if any Parent shall inhumanly expose and forsake their Child, he who shall take it up and educate it, shall have the Fatherly Authority over it; so that the Foster Child shall be bound to pay filial Obedience to his Educator.
XI.Duty of Parents.The Duty of Parents consists chiefly in this, That they maintain their Children handsomly, and that they so form their Bodies and Minds by a skilful and wise Education, as that they may become fit and useful Members of Human and Civil Society, Men of Probity, Wisdom, and good Temper. So that they may apply themselves to some fit and honest Way of Living, by which they may, as their Genius and Opportunity shall offer, raise and increase their Fortunes.
XII.Duty of Children.On the other Hand, ’tis the Duty of Children to honour their Parents, that is, to give them Reverence, not only in outward Shew, but much more with a hearty Respect, as the Authors not only of their Lives, but of many other invaluable Benefits to ’em; to obey ’em; to be assistant to ’em to their utmost, especially if they are Aged, or in Want; not to undertake any Business of Moment, without paying a Deference to their Advice and Opinion; and, lastly, To bear with Patience their Moroseness, and any other their Infirmities, if any such be.
The Duties of Masters and Servants
I.Servile State how begun. L. N. N. l. 6. c. 3.After Mankind came to be multiplied and it was found how conveniently Domestic Affairs might be managed by the Service of other Men, * it early became a Practice to take Servants into a Family, to do the Offices belonging to the House. These at first probably offer’d themselves, driven thereto by Necessity, or a Consciousness of their own Want of Understanding; but upon being assur’d that they should constantly be supplied with Food and Necessaries, they devoted all their Services for ever to some Master: And then Wars raging up and down the World, * it grew a Custom with most Nations, that those Captives, to whom they granted their Lives, should be made Slaves ever after, together with the Posterity born of them; though in many Countries, no such Servitude is in Use; but all Domestic Offices are perform’d by mercenary Servants hired for a certain Time.
II.A Temporary Servant. L. N. N. l. 6. c. 3. §4.Now as there are several Degrees, as it were, of Servitude, so the Power of the Masters, and the Condition of the Servants do vary. To a Servant hired for a Time, the Duty of the Master is to pay him his Wages; the other making good on his Part the Work as agreed for: And because in this Contract the Condition of the Master is the better, therefore such Servant is also to pay Respect to his Master according to his Dignity; and if he have done his Business knavishly or negligently, he is liable to Punishment from him; provided it go not so far as any grievous Maiming of his Body, much less so far as Infliction of Death.
III.A Voluntary Perpetual Servant.But to such a Servant as voluntarily offers himself to perpetual Servitude, the Master is obliged to allow perpetual Maintenance, and all Necessaries for this Life; it being his Duty on the other hand to give his constant Labour in all Services whereto his Master shall command him, and whatsoever he shall gain thereby, he is to deliver to him. In thus doing, however, the Master is to have a Regard to the Strength and Dexterity of his Servant, not exacting rigorously of him what is above his Power to do. Now this Sort of Servant is not only subject to the Chastisement of his Master for his Negligence, but the same may correct his Manners, which ought to be accommodated to preserve Order and Decency in the Family: But he may not sell him against his Will; because he chose this for his Master of his own Accord, and not another; and it concerns him much with whom he serves. If he have been guilty of any heinous Crime against one not of the same Family, he is subject to the Civil Power, if he live in a Community; but if the Family be independent, he may be expell’d. But if the Crime be against the same Family, it being independent, the Head thereof may inflict even Capital Punishment.
IV.Captive Slaves L. N. N. l. 6. c. 3. §7Captives in War being made Slaves, are frequently treated with greater Severity, something of a hostile Rage remaining towards ’em, and for that they attempted the worst upon us and our Fortunes. But as soon as there intervenes a mutual Trust, in order to Cohabitation in the Family, between the Victor and the vanquish’d Person, all past Hostility is to be accounted as forgiven: And then the Master does Wrong even to a Servant thus acquir’d, if he allow him not Necessaries for Life, or exercise Cruelty to him without Cause, and much more if he take away his Life, when he has commited no Fault to deserve it.
V.AlienableIt is also the Practice to pass away our Property in such Slaves who are taken in War, or bought with our Money, to whom we please, after the same manner as we do our other Goods and Commodities; so that the Body of such Servant is holden to be a Chattel of his Master. And yet here Humanity bids us not to forget that this Servant is a Man, however, and therefore ought not to be treated as we do our Moveables, use ’em or abuse ’em, or destroy ’em as we list. And when we are minded to part with him, we ought not to deliver him into the Hands of such, as we know will abuse him inhumanly and undeservedly.
VI.Offspring of Slaves. L. N. N. l. 6. c. 3. §9.Lastly, ’Tis every where allow’d, That the Progeny of Parents who are Bondmen, are also in a servile State, and belong as Slaves to the Owner of their Mother. Which is justified by this Maxim, That whosoever is Proprietor of the Body, is also Proprietor of whatsoever is the Product thereof, and because such Issue had never been born, if the Master had executed the Rigor of War upon the Parent; and for that the Parent having nothing she can call her own, the Offspring cannot otherwise be brought up but at her Master’s Charge. Whereas, therefore, the Master afforded such Infant Nourishment, long before his Service could be of any Use to him; and whereas all the following Services of his Life could not much exceed the Value of his Maintenance, he is not to leave his Master’s Service without his Consent. But ’tis manifest, That since these Bondmen came into a State of Servitude not by any Fault of their own, there can be no Pretence that they should be otherwise dealt withal, than as if they were in the Condition of perpetual hired Servants.
The Impulsive Cause of Constituting Communities18
I.This Inquiry necessary. L. N. N. l. 7. c. 1.Altho’ there be hardly any Delight or Advantage, but what may be obtain’d from those Duties, of which we have already discours’d; it remains, nevertheless, that we inquire into the Reasons, why Men, not contenting themselves with those primitive and small Societies, have founded such as are more ample, call’d Communities.19 For from these Grounds and Foundations is to be deduced the Reason of those Duties, which merely relate to the Civil State of Mankind.
II.Difficulty herein. L. N. N. l. 7. c. 1. §2.Here, therefore, it suffices not to say, That Man is by Nature inclin’d to Civil Society, so as he neither can nor will live without it.20 For since, indeed, it is evident, that Man is such a Kind of Creature, as has a most tender Affection for himself and his own Good; it is manifest, that when he so earnestly seeks after Civil Society, he respects some particular Advantage that will accrue to him thence. And altho’ without Society with his Fellow-Creatures, Man would be the most miserable of all Creatures; yet since the natural Desires and Necessities of Mankind might be abundantly satisfied by those primitive Kind of Societies, and by those Duties to which we are obliged, either by Humanity or Contracts; it cannot immediately be concluded from this natural Society between Man and Man, that his Nature and Temper does directly incline him to the forming of Civil Communities.
III.Twofold Inquiry. L. N. N. l. 7. c. 1. §4.Which will more evidently appear, if we consider, What Condition Mankind is placed in by the Constitution of Civil Communities: What that Condition is, which Men enter into when they make themselves Members of a Civil State:21 What Qualities they are which properly intitle them to the Name of Political Creatures, and render them good Patriots or Subjects to the State.22 And, lastly, What there is in their Frame and Constitution, which seems, as we may say, to indispose them for living in a Civil Community.23
IV.Natural State.Whosoever becomes a Subject,24 immediately loses his Natural Liberty, and submits himself to some Authority, which is vested with the Power of Life and Death; and by the Commands of which, many Things must be done, which otherwise he would have been no ways willing to do, and many Things must be let alone, to which he had a strong Inclination: Besides, most of his Actions must terminate in the Publick Good, which in many Cases seems to clash with Private Men’s Advantage. But Man by his Natural Inclinations is carried to this, To be subject to no one, to do all Things as he lists, and in every thing to consult his single Advantage.
V.The Qualities of a good Member of the Community.But we call him a (Political Animal or) True Patriot, and Good Subject,25 who readily obeys the Commands of his Governours; who endeavours with his utmost to promote the Publick Good, and next to that, regards his Private Affairs; nay, more, who esteems nothing profitable to himself, unless the same be likewise profitable to the Community; lastly, who carries himself fairly towards his Fellow-Subjects. But there are few Men to be found, whose Tempers are naturally thus well inclin’d. The greater Part being restrain’d merely for fear of Punishment; and many continue all their Lifetime ill Subjects and unsociable Creatures.
VI.How Men naturally disturb and hinder the Benefits of Society. L. N. N. l. 1. c. 3. §4.Farthermore, there is no Creature whatsoever more fierce or untameable than Man, or which is prone to more Vices that are apt to disturb the Peace and Security of the Publick. For besides his inordinate Appetite to Eating, Drinking, and Venery, to which Brute Beasts are likewise subject, Mankind is inclin’d to many Vices, to which Brutes are altogether Strangers; as is the unsatiable Desire and Thirst after those Things which are altogether superfluous and unnecessary, and above all to that worst of Evils, Ambition; also a too lasting Resentment and Memory of Injuries, and a Desire of Revenge increasing more and more by Length of Time; besides an infinite Diversity of Inclinations and Affections, and a certain Stiffness and Obstinacy in every one to indulge his own particular Humour and Fancy. Moreover, Man takes so great Delight in exercising his Cruelty over his Fellow Creatures, that the greatest Part of the Evils and Mischiefs, to which Mankind is obnoxious,26 is wholly owing to the merciless Rage and Violence of Men to each other.
VII.Reason of Change. L. N. N. l. 7. c. 1. §7.Therefore the genuine and principal Reason which induced Masters of Families to quit their own natural Liberty, and to form themselves into Communities,27 was, That they might provide for themselves a Security and Defence against the Evils and Mischiefs that are incident to Men from one another.28 For as, next under God, one Man is most capable of being helpful to another; so nothing is able to create Man more Distress, and work him more Mischief, than Man himself; and those Persons have entertain’d a right Conception of the Malice of Men, and the Remedy thereof, who have admitted this as a common Maxim and Proverb; That unless there were Courts of Judicature, one Man would devour another. But after that, by the Constituting of Communities, Men were reduced into such an Order and Method, that they might be safe and secure from mutual Wrongs and Injuries among themselves, it was by that means provided, that thereby they might the better enjoy those Advantages, which are to be reap’d and expected from one another; to wit, That they might from their Childhood be brought up and instructed in good Manners, and that they might invent and improve several Kinds of Arts and Sciences, whereby the Life of Man might be better provided and furnished with necessary Conveniences.
VIII.Farther Penalties. L. N. N. l. 7. c. 1. §8.And the Reason will be yet more cogent for the Constituting of Communities, if we consider, that other Means would not have been capable of curbing the Malice of Men. For although we are enjoyn’d by the Law of Nature not to do any Injury one to another; yet the Respect and Reverence to that Law is not of that Prevalence as to be a sufficient Security for Men to live altogether quietly and undisturbed in their Natural Liberty.
For although by Accident, there may be found some few Men of that moderate quiet Temper and Disposition, that they would do no Injury to others, tho’ they might escape unpunish’d; and there may be likewise some others, that in some measure bridle in their disorderly Affections thro’ fear of some Mischief that may ensue from thence; yet, on the contrary, there are a great Number of such, as have no Regard at all to Law or Justice, whenever they have any Prospect of Advantage, or any Hopes, by their own subtle Tricks and Contrivances, of being too hard for, and deluding the injur’d Party. And as it behoves every one, that would take care of his own Safety, to endeavour to secure himself against this Sort of Persons; so no better Care and Provision can be made, than by means of these Communities and Civil Societies. For altho’ some particular Persons may mutually agree together to assist each other; yet unless there be some Way found out, whereby their Opinions and Judgments may be united together, and their Wills may be more firmly bound to the Performance of what they have agreed upon, it will be in vain for any one to expect and rely upon any certain Succour and Assistance from them.
IX.Advantage of Penalties. L. N. N. l. 7. c. 1. §11.Lastly, Altho’ the Law of Nature does sufficiently insinuate unto Men, that they who do any Violence or Injury to other Men, shall not escape unpunished; yet neither the Fear and Dread of a Divine Being, nor the Stings of Conscience are found to be of sufficient Efficacy to restrain the Malice and Violence of all Men.29 For very many Persons, thro’ the Prejudice of Custom and Education, are, as it were, altogether deaf to the Force and Power of Reason. Whence it comes to pass, that they are only intent upon such Things as are present, taking very little Notice of those Things which are future; and that they are affected only with those Things which make a present Impression upon their Senses. But since the Divine Vengeance is wont to proceed on but slowly; from whence many ill Men have taken Occasion to refer their Evils and Misfortunes to other Causes; especially since they very often see wicked Men enjoy a Plenty and Abundance of those Things wherein the vulgar Sort esteem their Happiness and Felicity to consist. Besides, the Checks of Conscience, which preceed any wicked Action, seem not to be of that Force and Efficacy, as that Punishment which follows the Commission of the Fact, when, that which is done, cannot possibly be undone. And therefore the most present and effectual Remedy, for the quelling and suppressing the evil Desires and Inclinations of Men, is to be provided by the Constituting of Civil Societies.
Of the Internal Frame and Constitution of any State or Government
I.Conjunction necessary. L. N. N. l. 7. c. 2.The next Enquiry we are to make, is upon what Bottom Civil Societies have been erected, and wherein their Internal Constitution does consist. Where, in the first Place, this is manifest, That neither any Place, nor any Sort of Weapons, nor any Kind of brute Creatures can be capable of affording any sufficient and safe Guard or Defence against the Injuries to which all Men are liable, by reason of the Pravity of Mankind: From such Dangers, Men alone can afford an agreeable Remedy by joining their Forces together, by interweaving their Interests and Safety, and by forming a general Confederacy for their mutual Succour; that therefore this End might be obtain’d effectually, it was necessary that those who sought to bring it about, should be firmly joined together and associated into Communities.
II.Numbers Necessary. L. N. N. 1. 7. c. 2. §2.Nor is it less evident, that the Consent and Agreement of Two or Three particular Persons cannot afford this Security against the Violence of other Men: Because it may easily happen, that such a Number may conspire the Ruin of those few Persons, as may be able to assure themselves of a certain Victory over them; and ’tis very likely they would with the greater Boldness go about such an Enterprise, because of their certain Hopes of Success and Impunity. To this end therefore it is necessary, that a very considerable Number of Men should unite together, that so the Overplus of a few Men to the Enemies, may not be of any great Moment to determine the Victory to their Side.
III.Agreement to be perpetual. L. N. N. 1. 7. c. 2. §3.Among those many, which join together in order to this End, it is absolutely requisite that there be a perfect Consent and Agreement concerning the Use of such Means as are most conducive to the End aforesaid. For even a great Multitude of Men, if they do not agree among themselves, but are divided and separated in their Opinions, will be capable of effecting but very little; Or, although they may agree for a certain Time, by reason of some present Motion or Disposition of the Mind; yet as the Tempers and Inclinations of Men are very variable, they presently afterwards may divide into Parties. And although by Compact they engaged among themselves, that they would employ all their Force for the common Defence and Security; yet neither by this Means is there sufficient Provision made, that this Agreement of the Multitude shall be permanent and lasting: But something more than all this, is requisite, to wit, That they who have once entered into a mutual League and Defence for the Sake of the Publick Good, should be debarr’d from separating themselves afterwards, when their private Advantage may seem any ways to clash with the Publick Good.30
IV.Faults herein how remedied. L. N. N. 1. 7. c. 2. §5.But there are two Faults, which are chiefly incident to Human Nature, and which are the Occasion that many who are at their own Liberty, and independent one upon the other, cannot long hold together for the promoting of any Publick Design. The One is the Contrariety of Inclinations and Judgments in determining what is most conducive to such an End; to which in many there is join’d a Dulness of Apprehending which, of several Means propos’d, is more advantagious than the rest; and a certain Obstinacy in defending whatsoever Opinion we have embraced. The other is a certain Carelesness and Abhorrence of doing that freely, which seems to be convenient and requisite, whensoever there is no absolute Necessity, that compels them, whether they will or no, to the Performance of their Duty. The First of these Defects may be prevented by a lasting Uniting of all their Wills and Affections together. And the Latter may be remedied by the constituting of such a Power as may be able to inflict a present and sensible Penalty upon such as shall decline their Contributing to the Publick Safety.
V.Union of Wills.The Wills and Affections of a great Number of Men cannot be united by any better means, than when every one is willing to submit his Will to the Will of one particular Man, or one Assembly of Men; so that afterwards whatsoever he or they shall will or determine concerning any Matters or Things necessary for the Publick Safety, shall be esteemed as the Will of All and every particular Person.31
VI.And of Forces.Now such a Kind of Power, as may be formidable to All, can by no better means be constituted among a great Number of Men, than when All and every one shall oblige themselves, to make Use of their Strength after that Manner, as he shall command, to whom All Persons must submit and resign the Ordering and Direction of their united Forces: And when there is an Union made of their Wills and Forces, then this Multitude of Men may be said to be animated and incorporated into a firm and lasting Society.32
VII.Other Requisites. Two Covenants. The First. L. N. N. 1. 7. c. 2. §6.Moreover, that any Society may grow together after a regular Manner, there are required Two Covenants, and One Decree, or Constitution.33 For, first, Of all those many, who are supposed to be in a Natural Liberty, when they are joined together for the forming and constituting any Civil Society, every Person enters into Covenant with each other, That they are willing to come into one and the same lasting Alliance and Fellowship, and to carry on the Methods of their Safety and Security by a common Consultation and Management among themselves: In a Word, That they are willing to be made Fellow Members of the same Society.34 To which Covenant, it is requisite, that All and singular Persons do consent and agree, and he that does not give his Consent, remains excluded from such Society.35
VIII.Constitution.After this Covenant, it is necessary, that there should be a Constitution agreed on by a publick Decree, setting forth, what Form of Government is to be pitched upon. For ’till this be determined, nothing with any Certainty can be transacted, which may conduce to the publick Safety.
IX.The other covenant. L. N. N. 1. 7. c. 2. §8.After this Decree concerning the Form of Government, there is Occasion for another Covenant, when he or they are nominated and constituted upon whom the Government of this Rising Society is conferr’d; by which Covenant the Persons that are to govern, do oblige themselves to take Care of the Common Safety, and the other Members do in like manner oblige themselves to yield Obedience to them; whereby also all Persons do submit their Will to the Will and Pleasure of him or them, and they do at the same Time convey and make over to him or them the Power of making Use of, and applying their united Strength, as shall seem most convenient for the Publick Security. And when this Covenant is duly and rightly executed, thence, at last, arises a complete and regular Government.
X.A Community defined. L. N. N. 1. 7. c. 2. §13.A Civil Society and Government, thus constituted, is look’d upon as if it were but One Person, and is known and distinguished from every particular Man by one Common Name; and it has peculiar Rights and Privileges, which neither each One alone, nor Many, nor All together can claim to themselves, without him, who is the Supreme, or to whom the Administration of the Government is committed.36 Whence a Civil Society is defined to be, One Person morally incorporated, whose Will containing the Covenants of many united together, is looked upon and esteemed as the Will of All; so that he is in a Capacity of making Use of the Strength and Power of every particular Person for the Common Peace and Security.
XI.How subjected to One. L. N. N. 1. 7. c. 2. §14.Now the Will and Intention of any Constituted Government or Society exerts it self, as the Principle of Publick Actions, either by one particular Person, or by one Council or Assembly, according as the Power of Managing Affairs is conferr’d on him, or on such an Assembly. Where the Government of the State is in the Power of One Man, the said Society is supposed to will, whatsoever shall be the Will and Pleasure of that Man, allowing that he is in his perfect Senses; and it being about those Affairs which only relate to Government.37
XII.How to many. L. N. N. 1. 7. c. 2. §15.But when the Government of a State is conferr’d upon a Council, consisting of several Men, every one of them retaining his own Natural Free-Will, that regularly is esteemed to be the Will and Pleasure of the State, whereto the Major Part of the Persons, of whom the Council is composed, does give their Assent; unless it be expressly declared, how great a Part of the Council consenting is required to represent the Will of the Whole. But where two differing Opinions are equally balanced on both sides, there is nothing at all to be concluded upon, but the Affair still remains in its former State. When there are several differing Opinions, that shall prevail which has more Voices than any of the other differing Opinions, provided so many concur therein, as otherwise might have represented the Will and Pleasure of the Whole, according to the Publick Constitutions.
XIII.Various Forms of Government. L. N. N. 1. 7. c. 2. §20.A State or Government being thus constituted, the Party on whom the Supreme Power is conferr’d, either as it is a single Person, or a Council consisting of select Persons, or of All in General, is called a Monarchy, an Aristocracy, or a Free State; the rest are looked upon as Subjects or Citizens, the Word being taken in the most comprehensive Sense: Although, in Strictness of Speech, some call only those Citizens, who first met and agreed together in the forming of the said Society, or else such who succeeded in their Place, to wit, House-holders or Masters of Families.
Moreover, Citizens are either Originally so; that is, such as are born in the Place, and upon that Account claim their Privileges: Or else Adscititious; that is, such as come from Foreign Parts.
Of the first Sort, are either those who at first were present and concerned in the forming the said Society, or their Descendants, whom we call Indigenae, or Natives.
Of the other Sort are those who come from Foreign Parts in order to settle themselves there. As for those who come thither only to make a short Stay, although they are for that Time subject to the Laws of the Place; nevertheless, they are not looked upon as Citizens, but are called Strangers or Sojourners.
XIV.Government from GOD. L. N. N. 1. 7. c. 3.Not that what we have delivered concerning the Original of Civil Societies, does any ways hinder, but that Civil Government may be truly said to be from GOD. For it being his Will, that the Practices of Men should be ordered according to the Law of Nature; and yet upon the Multiplication of Mankind, Human Life would have become so horrid and confused, that hardly any Room would have been left for the same to exert its Authority; and seeing the Exercise thereof would be much improved by the Institution of Civil Societies; therefore (since He who commands the End, must be supposed to command likewise the Means necessary to the said End) God also, by the Mediation of the Dictates of Reason, is to be understood antecedently to have willed, That Mankind, when they were multiplyed, should erect and constitute Civil Societies, which are, as it were, animated with a Supreme Authority. The Degrees whereof He expressly approves in Divine Writ, ratifying their Divine Institution by a peculiar Law, and declaring, That Himself takes them into his especial Care and Protection.
Of the several Parts of Government38
I.L. N. N. l. 7. c. 4.What are the Constituent Parts of Supreme Power, and by what Methods it exerts its Force in Civil Societies, may easily be gather’d from the Nature and End of the said Societies.
II.Will of the Supreme to be made known. L. N. N. l. 7. c. 4. §2.In a Civil Society all Persons are supposed to have submitted their Will to the Will and Pleasure of the Governours, in such Affairs as concern the Safety of the Publick, being willing to do whatsoever they require. That this may be effected, it is necessary, that the Governors do signify to those who are to be governed, what their Will and Pleasure is concerning such Matters. And this they do, not only by their Commands, directed to particular Persons about particular Affairs; but also by certain general Rules, whence all Persons may, at all Times, have a clear and distinct Knowlege of what they are to do or omit. By which likewise it is commonly defined and determined what ought to be looked upon to be each Man’s Right and Property, and what does properly belong to another; * what is to be esteemed Lawful, and what Unlawful in any Publick Society; what Commendable, or what Base; what every Man may do by his own Natural Liberty, or how every one may dispose and order his own particular Rights towards the Advancement of the common Peace and Tranquillity: In fine, what, and after what manner, every one by Right may lay Claim to from another. For it conduces very much to the Peace and Prosperity of any Civil Society, that all these Things should be clearly and plainly laid down and determined.
III.Penalty. L. N. N. l. 7. c. 4. §3.Moreover, this is the Chief End of Civil Societies, That Men, by a mutual Agreement and Assistance of one another, might be secured against the Injuries and Affronts, which may, and very often do, befall us by the Violence of other Men. Now that this End may the better be obtained by those Men, with whom we are link’d together in the same Society; it is not sufficient, that they should mutually agree among themselves not to injure one another: Nor is it enough, that the bare Will and Pleasure of the Supreme Magistrate should be made known to them; but ’tis likewise requisite, that there should be a certain Fear and Dread of Punishment, and a Power and Ability of inflicting the same. Which Punishment or Penalty, that it may be sufficient for this End, is to be so ordered, that there may plainly appear a greater Damage in violating the Laws, than in observing them; and that so the Sharpness and Severity of the Penalty, may outweigh the Pleasure and Advantage gotten, or expected by doing the Injury: Because it is impossible but that of two Evils Men should chuse the least. For although there are many Men who are not restrained from doing Injuries by any Prospect of Punishment hanging over their Heads; yet that is to be looked upon as a Case that rarely happens, and such as, considering the present Condition and Frailty of Mankind, cannot be wholly avoided.
IV.Controversies. L. N. N. l. 7. c. 4. §4.Because also it very often happens, that many Controversies do arise about the right Application of the Laws to some particular Matters of Fact, and that many Things are to be nicely and carefully considered in order to determine whether such a Fact may be said to be against Law; therefore, in order to the Establishment of Peace and Quietness amongst the Subjects, it is the Part of the supreme Governour to take Cognizance of, and determine the Controversies arising between Subject and Subject, and carefully to examine the Actions of particular Persons, which are found to be contrary to Law, and to pronounce and execute such Sentence as shall be agreeable to the same Law.
V.Power of Peace and War. L. N. N. l. 7. c. 4. §5.But that those, who by mutual Agreement have constituted a Civil Society, may be safe against the Insults of Strangers, the supreme Magistrate has Power to assemble, to unite into a Body, and to arm, or, instead of that, to list as many Mercenaries as may seem necessary, considering the uncertain Number and Strength of the Enemy, for the maintaining the publick Security; and it is likewise intirely left to the Discretion of the same Magistrate, to make Peace whenever he shall think convenient.
And since, both in Times of Peace and War, Alliances and Leagues with other Princes and States are of very great Use and Importance, that so the different Advantages of divers States and Governments may the better be communicated to each other, and the Enemy, by their joint Forces, may be repulsed with the greater Vigour, or be more easily brought to Terms. It is also absolutely in the Power of the supreme Magistrate to enter into such Leagues and Treaties as he shall think convenient to each Occasion; and to oblige all his Subjects to the Observation of them, and at once to derive and convey down to the whole Civil Society, all the Benefits and Advantages thence arising.
VI.Publick Officers. L. N. N. l. 7. c. 4. §6.Seeing also the Affairs of any considerable State, as well in Time of War as Peace, cannot well be managed by one Person, without the Assistance of subordinate Ministers and Magistrates, it is requisite that able Men should be appointed by the supreme Magistrate, to decide and determine in his Room39 the Controversies arising between Subject and Subject; to inquire into the Councils of the Neighbouring Princes and States; to govern the Soldiery; to collect and distribute the publick Revenue: and, lastly, in every Place to take special Care of the Common Good. And from each of these Persons the supreme Magistrate may, and ought to exact the Performance of their Duty, and require an Account of their Behaviour in their respective Stations.
VII.Taxes. L. N. N. l. 7. c. 4. §7.And because the Concerns of any Civil Society can, neither in Time of War nor Peace, be managed without Expences, the supreme Authority has Power to compel the Subjects to provide the same. Which is done several Ways; either when the Community appropriates a certain Portion of the Revenues of the Country they possess, for this Purpose; or when each Subject contributes something out of his own Estate, and, if Occasion requires, gives also his personal Help and Assistance; or when Customs are set upon Commodities imported and exported, (of which the first chiefly affects the Subjects, and the other Foreigners;) or, lastly, when some moderate Tax is laid on those Commodities which are spent.
VIII.Publick Doctrines. L. N. N. l. 7. c. 4. §8.To conclude: Since the Actions of each Person are governed by his own particular Opinion, and that most People are apt to pass such a Judgment upon Things as they have been accustomed unto, and as they commonly see other People judge; so that very few are capable of discerning what is just and honest; upon this Account therefore it is expedient for any Civil Society, that such Kind of Doctrines should be publickly taught, as are agreeable to the right End and Design of such Societies, and that the Minds of the Inhabitants should be seasoned betimes with these Principles. * It does therefore belong to the supreme Magistrate to constitute and appoint fitting Persons to inform and instruct them publickly in such Doctrines.
IX.All these Parts concentered.Now these several Parts of Government are naturally so connected, that to have a regular Form suitable to any civil Society, all these Parts thereof ought radically to center in One.40 For if any Part be wanting, the Government is defective, and uncapable of procuring its End. But if these several Parts be divided, so that some of them be radically here, and others there, hence of Necessity will follow an irregular and incoherent State of Things.
Of the several Forms of Government41
I.Diverse Forms. L. N. N. l. 7. c. 5.The Supreme Power consider’d either as it resides in a Single Man, or in a Select Council or Assembly of Men, or of All in General, produces diverse Forms of Government.
II.Regular and Irregular.Now the Forms of Government are either Regular or Irregular. Of the first Sort are those where the supreme Power is so united in one particular Subject, that the same being firm and intire, it carries on, by one supreme Will, the whole Business of Government. Where this is not found, the Form of Government must of Necessity be Irregular.
III.Three Regular Forms. L. N. N. l. 7. c. 5. §2.There are Three Regular Forms of Government:42 The First is, When the supreme Authority is in One Man; and that is call’d a Monarchy. The Second, When the same is lodged in a select Number of Men; and that is an Aristocracy. The Third, When it is in a Council or Assembly of Free-holders and Principal Citizens; and that is a Democracy. In the First, he who bears the supreme Rule, is stil’d, A Monarch; in the Second, the Nobles; and in the Third, The People.
IV.Forms compar’d. L. N. N. l. 7. c. 5. §9.In all these Forms, the Power is indeed the same. But in one Respect Monarchy has a considerable Advantage above the rest; because in order to deliberate and determine, that is, actually to exercise the Government, there is no Necessity of appointing and fixing certain Times and Places; for he may deliberate and determine in any Place, and at any Time; so that a Monarch is always in a Readiness to perform the necessary Actions of Government. But that the Nobles and the People, who are not as one natural Person, may be able so to do, it is necessary that they meet at certain Times and Places, there to debate and resolve upon all publick Business. For the Will and Pleasure of a Council, or of the People, which results from the Majority of Votes concentring, can no otherwise be discover’d.
V.A distemper’d State L. N. N. l. 7. c. 5. §10.But, as it happens in other Matters, so in Governments also it falls out, That the same may be sometimes well, and at other times scurvily and foolishly managed. Whence it comes to pass, that some States are reputed Sound, and others Distemper’d. Yet we are not, on Account of these Imperfections, to multiply the several Species or Forms of Government, imagining that these several Defects make different Sorts of Governments; for these Vices or Defects, though different in themselves, do not, however, either change the Nature of the Authority it self, or the proper Subject in which it resides. Now these Defects or Vices in Government, do sometimes arise from the Persons who administer the Government; and sometimes they arise from the Badness of the Constitution it self. Whence the First are styl’d, Imperfections of the Men, and the Latter, Imperfections of the State.
VI.Monarchy L. N. N. l. 7. c. 5. §10.The Imperfections of the Men in a Monarchy are, when he who possesses the Throne, is not well skilled in the Arts of Ruling, and takes none, or but a very slight Care for the publick Good, prostituting the same to be torn in pieces and sacrificed to the Ambition or Avarice of evil Ministers; when the same Person becomes terrible by his Cruelty and Rage; when also he delights, without any real Necessity, to expose the Publick to Danger; when he squanders away, by his Luxury and profuse Extravagance, those Supplies which were given for the Support of the Publick; when he heaps up Treasure unreasonably extorted from his Subjects; when he is Insolent, Haughty, or Unjust; or guilty of any other scandalous Vice.
VII.Aristocracy.The Imperfections of the Men in an Aristocracy are, When by Bribery and base Tricks, Ill Men and Fools get into the Council, and Persons much more deserving than they, are excluded: When the Nobles are divided into several Factions: When they endeavour to make the common People their Slaves, and to convert the publick Stock to their private Advantage.
VIII.Men in a Democracy.The Imperfections of the Men in a Democracy are, when silly and troublesome Persons stickle for their Opinions with great Heat and Obstinacy; when those Excellencies,43 which are rather beneficial than hurtful to the Common-wealth, are depress’d and kept under; when, thro’ Inconstancy, Laws are rashly establish’d, and as rashly annull’d, and what but just now was very pleasing, is immediately, without any Reason, rejected; and when base Fellows are promoted in the Government.
IX.Men in any Government.The Imperfections of the Men, which may promiscuously happen in any Form of Government, are, When those who are intrusted with the publick Care, perform their Duty either amiss, or slightly; and when the Subjects, who ought to make Obedience their Glory, grow restiff and ungovernable.
X.Faults in a Constitution.But the Imperfections of any Constitution, are, When the Laws thereof are not accommodated to the Temper and Genius of the People or Country; or, When the Subjects make use of them for fomenting intestine Disturbances, or for giving unjust Provocations to their Neighbours; or, When the said Laws render the Subjects incapable of discharging those Duties that are necessary for the Preservation of the Publick; for Instance, When thro’ their Defect the People must of Necessity be dissolv’d in Sloth, or rendred unfit for the Injoyment of Peace and Plenty; or when the fundamental Constitutions are order’d after such a Manner, that the Affairs of the Publick cannot be dispatched but too slowly, and with Difficulty.
XI.How called. L. N. N. l. 7. c. 5. §11.To these distemper’d Constitutions, Men have given certain Names; as a corrupt Monarchy, is call’d Tyranny; a corrupt Aristocracy, is styl’d An Oligarchy, or a Rump-Government; and a corrupt Popular State, is call’d An Anarchy, or a Rabble-Government. Altho’ it often happens, that many by these Nick-names do not so much express the Distemper of such a Government, as their own natural Aversion for the present Governours and Constitution.
For, oftentimes, he who is dissatisfied with his King, or a monarchical Government, is wont to call, even a Good and Lawful Prince, a Tyrant and Usurper, especially if he be strict in putting the Laws in Execution. So he who is vex’d because he is left out of the Senate, not thinking himself Inferiour to any of the other Counsellors, out of Contempt and Envy, he calls them, A Pack of assuming Fellows, who tho’ in no Respect they excell any of the Rest, yet domineer and lord it over their Equals, nay, over better Men than themselves.
Lastly, Those Men who are of a haughty Temper, and who hate a Popular Equality, seeing that all People in a Democracy, have an equal Right to give their Suffrages in Publick Affairs, tho’ in every Place the common People makes the greatest Number, they condemn that as an Ochlocracy, or Government by the Rabble, where there is no Preference given to Persons of Merit, as they, forsooth, esteem themselves to be.
XII.An Irregular State. L. N. N. l. 7. c. 5. §12.An Irregular Constitution 44 is, Where that perfect Union is wanting, in which the very Essence of a Government45 consists: And that not through any Fault or Male-administration46 of the Government, but because this Form has been receiv’d as good and legitimate by publick Law or Custom. But since there may be infinite Varieties of Errors in this Case, it is impossible to lay down distinct and certain Species of Irregular Governments. But the Nature thereof may be easily understood by one or two Examples; for Instance, If in a State the Nobles and the People are each vested with a supreme and unaccountable Power; * Or if in any Nation the Nobles are grown so great, that they are no otherwise under the King, then as unequal Confederates.
XIII.Union of several Communities. L. N. N. l. 7. c. 5. §17.We call those Unions, when several Constituted Societies by some special Tie are so conjoin’d, that their Force and Strength may be look’d upon in Effect as the united Force and Strength of one civil Society. Now these Unions may arise two several Ways; the one by a Common Sovereign, the Other by League or Confederacy.
XIV.Union by a common Sovereign.Such a Union happens, by means of a common Sovereign, when diverse separate Kingdoms, either by Agreement, or by Marriage, or hereditary Succession, or Victory, come to be subject to the same King; yet so that they do not close into one Realm, but each are still govern’d by the same common Sovereign, according to their own fundamental Laws.
XV.Union by Confederacy. L. N. N. l. 7. c. 5. §18.Another Sort of Union may happen, when several neighbouring States or Governments are so connected by a perpetual League and Confederacy, that they cannot exercise some Parts of the supreme Power, which chiefly concern their Defence and Security against Strangers, but by a general Consent of them All: Each Society, nevertheless, as to other Matters, reserving to it self its own peculiar Liberty and independency.
The Qualifications of Civil Government47
I.Supreme Authority L. N. N. l. 7. c. 6.It is always one Prerogative of the Government by which any Community is directed, in every Form of Commonwealth whatsoever, to be invested with the supreme Authority:* Whereby it has the Regulating of all Things according to its own Judgment and Discretion, and acts without Dependence upon any other Person † as Superiour, that can pretend to annul or countermand its Orders.
II.Unaccountable. L. N. N. l. 7. c. 6. §2.For the same Reason, a Government so constituted remains unaccountable to all the World; there being no Authority above it to punish it, or to examine whether its Proceedings are right or no.
III.Above the Laws. L. N. N. l. 7. c. 6. §3.And a third Qualification of like Nature with the former, is, That inasmuch as all civil Laws, of human Authority, derive both their Beginning and their Continuance from the Favour of the Government; it is impossible they should directly oblige the very Power that makes them; because the same Power would in Consequence be superiour to it self. Yet it is a happy Prospect, and a singular Advantage to the Laws, when a Prince conforms himself, of his own Pleasure, as Occasion serves, to practise the same Things that he commands his Subjects.
IV.Obedience due to it. L. N. N. l. 7. c. 8.There is also a peculiar Veneration to be paid to the supreme Government under which we live; not only in obeying it in its just Commands, wherein it is a Crime to disobey, but in induring its Severities with the like Patience as the Rigour of some Parents is submitted to by dutiful Children. Wherefore, when a Prince proceeds to offer the most heinous Injuries imaginable to his People, let them rather undergo it, or every one seek his Safety by Flight, than draw their Swords upon the Father of their Country.
V.An absolute Monarchy. L. N. N. l. 7. c. 6. §7.We find, in Monarchies and Aristocracies especially, that the Government is sometime Absolute and sometime Limited. An Absolute Monarch is one, who having no prescrib’d Form of Laws and Statutes perpetually to go by, in the Method of his Administration, proceeds intirely according to his own Will and Pleasure, as the Condition of Affairs and the publick Good in his Judgment seem to require.
VI.A limited Monarchy L. N. N. l. 7. c. 6. §9.But because a single Person may be subject to be mistaken in his Judgment, as well as to be seduced into evil Courses in the Injoyment of so vast a Liberty; it is thought convenient by some States, * to circumscribe the Exercise of this Power within the Limits of certain Laws, which are proposed to the Prince at his Succession to be the future Rule of his Government. And particularly when any extraordinary Concern arises, involving in it the Interest of the whole Kingdom, for which there can be no Provision extant in the Constitution foregoing; They then oblige him to ingage in nothing without the previous Advice and Consent of the People, or their Representatives in Parliament; the better to prevent the Danger of his swerving from the Interest of the Kingdom.48
VII.Right and Manner of holding. L. N. N. l. 7. c. 6. §14.We see likewise a Difference in the Right and Manner of holding some Kingdoms, from what it is in others. For those Princes especially who have acquired Dominions by Conquest, and made a People their own by Force of Arms, can divide, alienate, and transfer their Regalities49 at Pleasure in the manner of a Patrimonial Estate. Others that are advanced by the Voice of the People, tho’ they live in full Possession of the Government during their Reigns, yet have no Pretensions to such a Power. But as they attain’d to the Succession, so they leave it to be determin’d, either by the ancient Custom, or the fundamental Laws of the Kingdom: * For which Reason they are compared by some to Usufructuaries, or Life-Renters.
How Government, especially Monarchical, is acquired
I.Consent of the Subject free or forced. L. N. N. l. 7. c. 7.Although the Consent of the Subject is a Thing to be required in Constituting of every lawful Government, yet it is not50 always obtain’d the same way. For as it is sometimes seen, that a Prince ascends the Throne with the voluntary Acclamations of the People; so sometimes he makes himself a King by his Army, and brings a People to consent by military Force.
II.Of Conquest. L. N. N. l. 7. c. 7. §3.Which latter Method of acquiring a Government is called Conquest; it happening, as often as a victorious Prince, having Fortune on his Side and a just Cause, reduces a People by his Arms to such Extremities, as to compel them to receive him for their Sovereign. And the Reason of this Title is derived, not only from the Conqueror’s Clemency in saving the Lives of all those whom, in Strictness of War, he was at Liberty to destroy, and instead thereof laying only a lesser Inconvenience upon them; but likewise from hence, That, when a Prince will choose to go to War with one that he has injured, rather than he will condescend to satisfie him in a just and equal Manner; * He is to be presum’d to cast himself upon the Fortune of War, with this Intention, that he does beforehand tacitly consent to accept of any Conditions whatsoever shall befal him in the Event.
III.Election. L. N. N. l. 7. c. 7. §6.As for the voluntary Consent of the People, a Government is acquired by it, when in an Election the People, either in order to their Settlement, or at any Time after, do nominate such a One, to bear that Office, as they believe is capable of it. Who, upon Presentation of their Pleasure to him, accepting it, and also receiving their Promises of Allegiance, thereby actually enters upon the Possession of the Government.
IV.An Interregnum. L. N. N. l. 7. c. 7. §7.But betwixt this Election of a new Prince and the Death of the former, there uses in Monarchies that are already fix’d and settled, to intervene an Interregnum; which signifies an imperfect Kind of State, where the People keep together merely by Virtue of their Original Compact: Only that this is much strengthned by the common Name and Love of their Country, and the Settlement of most of their Fortunes there; whereby all good Men are obliged to preserve the Peace with one another, and study to restore their fallen Government again as soon as they can. Yet to prevent the Mischiefs which are apt to arise in an Interregnum, it is very convenient the Law should provide Administrators, to manage the publick Affairs during the Vacancy of the Crown.
V.Succession. L. N. N. l. 7. c. 7. §11.Now though, as is said, in some Monarchies, as every King dies, they proceed again to a New Election: yet in others, the Crown is conferr’d upon Conditions to descend to certain Persons successively, (without any intervening Election) for all Time to come. The Right to which Succession may either be determined by the Order of the Prince, or the Order of the People.
VI.Devisable when L. N. N. l. 7. c. 6. §16.When Princes hold their Crowns in the Manner of a Patrimony, they have the Liberty of disposing of the Succession as themselves please. And their declared Order therein, especially if their Kingdoms are of their own Founding or Acquiring, shall carry the same Force with the last Testament of any private Man. They may divide, if they please, their Kingdom amongst all their Children, not so much as excepting the Daughters. * They may, if they think fit, make an Adoptive, or their Natural Son, their Heir, or one that is not in the least a-kin to them.
VII.Succession upon an Intestate.And when such an Absolute Monarch as this dies, without leaving Order for the Succession, it is to be presumed he did not thereby intend the Kingdom should expire with himself; but first, That it should devolve to his Children (before all others) because of the natural Affection of Parents to them: Then, That the same Monarchical Government should continue, which he recommended by his own Example. That the Kingdom be kept undivided, as one Realm; because any Division thereof must give Occasion to great Troubles, both among the Subjects and the Royal Family. That the Elder reign before the Younger, and the Male before the Female in the same Line: † And, lastly, That in Default of Issue, the Crown shall devolve upon the next in Blood.
VIII.Succession in the People. L. N. N. l. 7. c. 7. §11.But in those Monarchies, whose Constitution, from the very Beginning, was founded upon the voluntary Choice of the People, there the Order of Succession must have an Original Dependance upon the Will of the same People. For if, together with the Crown, they did confer upon the Prince the Right of appointing his Successor; whosoever shall be nominated to the Succession by him, will have all the Right to injoy it. If they did not confer it upon the Prince, it is to be understood as reserved to themselves: Who, if they pleased, might make the Crown Hereditary to their Prince’s Family; either prescribing the Order of Succession to be like other ordinary Inheritances, so far as can consist with the Publick Good; or set the same under any peculiar necessary Limitations.
IX.Of Hereditary Kingdoms. L. N. N. l. 7. c. 7. §12.When a People have barely conferr’d upon their King an Hereditary Right, without any thing farther express’d; tho’ ’tis true, it may seem to be intended, that the Crown shall pass to the Heirs in the same common Order of Descent as private Inheritances do; yet the Publick Good requires, That the Sense of such a Publick Act shall be taken under some Restrictions, notwithstanding their not being particularly express’d. As,
X.A Lineal Succession. L. N. N. l. 7. c. 7. §13.Now, because after a long Descent of Princes, there may easily arise Controversies almost inextricable, about the Person of the Royal Family, who approaches nearest in Kindred to the Prince deceased; therefore, for Prevention of such, in many Kingdoms they have introduced a Lineal Succession, of this Nature; That as every one descends from the Father of the Stem Royal,51 they compose, as it were, a perpendicular Line; from whence they succeed to the Crown, according to the Priority of that Line to others: And tho’, perhaps, the nearest of Kin to the Prince last deceased, may stand in a New Line, different from that of His; Yet there is no passing out of the Old Line thither, ’till Death has exhausted the same.
XI.By the Father’s side, or the Mother’s.The Series of Succession most regardable, are those Two, deduced from the several Families of the Father and the Mother; the Relation whereof is distinguish’d in the Civil Law by the Names of Cognation and Agnation. The First, called also the Castilian Law, does not exclude the Women, but only postpones them to Males in the same Line; for it recurs to them in the Case of the other’s Default. But by the Second, which is sometimes styl’d the French or Salick Law, both the Women and all their Issue, even Males, are excluded for ever.
XII.Differences about Succession how to be determined.When, in a Patrimonial Kingdom, there arises a Dispute concerning the Succession, the most adviseable Way to determine it, is, To put it to the Arbitration of some of the Royal Family; And where the Succession originally depended upon the Consent of the People, there their Declaration upon the Matter, will take away the Doubt.
The Duty of Supreme Governours
I.L. N. N. 1. 7. c. 9.If we consider what is the End and Nature of Communities, and what the Parts of Government, it will be easie from thence to pass a Judgment upon the Rules and Precepts, in the Observance of which, consists the Office of a Prince.52
II.Their proper Studies and Conversation. L. N. N. l. 7. c. 9. §2.Before all Things, it is requisite, That he apply himself, with the utmost Diligence, to the Study of whatever may conduce to give him a perfect Comprehension of the Affairs belonging to a Person in his Station: because no Man can manage a Place to his Honour, which he does not rightly understand. He is therefore to be sequestred from those remote and foreign Studies, which make nothing to this Purpose: He must abridge himself in the Use of Pleasures and vain Pastimes, that would divert his Attention from this Mark and End.
And for his more familiar Friends, instead of Parasites and Triflers, or such as are accomplished in nothing but Vanities, (whose Company ought utterly to be rejected;) let him make Choice of Men of Probity and Sense, experienced in Business, and skilful in the Ways of the World; being assured, that ’till he does thoroughly understand, as well the Condition of his own State, as the Disposition of the People under him, he will never be able to apply the general Maxims of State Prudence, to the Cases that will occur in Government, in such a Manner as they ought. More especially, let him study to be excellent in Virtues, that are of the greatest Use and Lustre in the Exercise of his vast Charge;53 and so compose the Manners, and all the Actions of his Life, that they may be answerable to the Height of his Glory.
III.The Publick Good, the Supreme Law. L. N. N. l. 7. c. 9. §3.The most General Rule to be observed by Governours, is this; The Good of the Publick is the Supreme Law of all.54 Because, in conferring the Government upon them, what is there else intended, but to secure the common End for which Societies were constituted in the Beginning? From whence they ought to conclude, That whatsoever is not expedient for the Publick to be done, ought not to be accounted expedient for themselves.
IV.Laws, Discipline, and Religion. L. N. N. l. 7. c. 9. §5.And it being necessary, in order to preserve a People at Peace with one another, that the Wills and Affections of them should be disposed and regulated, according as it is most proper for the publick Good; there ought to be some suitable Laws for the Purpose prescribed by Princes, and also a publick Discipline established with so much Strictness, that so, Custom, as well as Fear of Punishment, may be able to keep Men close to the Practice of their several Duties. * To which End it is convenient to take Care, that the Christian Religion, after the most pure and most uncorrupt Way, be profess’d by the Subjects of every Realm or Community; and that no Tenets be publickly taught in the Schools, that are contrariant to the Designs of Government.
V.The Laws plain and few.It will conduce to the Advancement of the same End, that in the Affairs which are wont to be most frequently negociated between Subject and Subject, the Laws which are prescribed be clear and plain; and no more in Number than will promote the Good of the Republick and its Members. For, considering that Men use to deliberate upon the Things they ought, or ought not to do, more by the Strength of their Natural Reason, than their Understanding in the Laws; whenever the Laws do so abound in Number, as not easily to be retained in Memory; or are so particular in their Matter, as to prohibit Things which are not prohibited by the Light of Reason; it must certainly come to pass, That innocent Persons, who have not had the least ill Intention to transgress the Laws, will be many times unwittingly hamper’d by them, as by Snares, to their unreasonable Prejudice, against the very End of Societies and Government.
VI.And duly executed. L. N. N. l. 7. c. 9. §6.Yet it is in vain for Princes to make Laws, and at the same time suffer the Violation of them to pass with Impunity. They must therefore cause them to be put in Execution, both for every honest Person to injoy his Rights without Vexation, Evasions, or Delays; and also for every Malefactor to receive the Punishment due to the Quality of his Crime, according to the Intention and Malice in the committing it. They are not to extend their Pardons to any without sufficient Reason. For it is an unjust Practice, which tends greatly to irritate the Minds of People against the Government, not to use Equality (all Circumstances considered) towards Persons that are Equal in their Deservings.
VII.Penalties. L. N. N. l. 7. c. 9. §7.And as nothing ought to be Enacted under a Penalty, without the Consideration of some Profit to the Common-wealth, so in the fixing of Penalties proportionably to that End, it is fitting to observe a Moderation; with Care, that the Damage thence arising to the Subject on the one Hand, exceed not the Advantage that redounds to the Common-wealth on the other. In fine, to render Penalties effectual in obtaining the End intended by them, it is clear they should still be magnified to such a Degree, as, by their Severity, to out-weigh the contrary Gain and Pleasure, that is possible to proceed from chusing the Crime.
VIII.Injuries. L. N. N. l. 7. c. 9. §8.Moreover, inasmuch as the Design of People, in incorporating together in a Common-wealth, is their Security from Harms and Violence; it is the Duty of the supreme Magistrate to prohibit any Injury of one Subject to another so much the more severely, because, by their constant Cohabitation in the same Place, they have the fairer Opportunities to do them or to resent them: Remembring, that no Distinctions of Quality or Honour derive the least Pretence to the Greater to insult over the Less at their Pleasure. Neither has any Subject whatsoever the Liberty to seek his Satisfaction for the Injuries, he presumes are done him, in the Way of a private Revenge. For the Design of Government is destroyed by such a Proceeding as this.
IX.Ministers of State and Judges. L. N. N. l. 7. c. 9. §9.And although there is no one Prince, how ingenious soever in Business, that is able in his own Person to manage all the Affairs of a Nation of any considerable Extent, but he must have Ministers to participate with him in his Cares and Counsels; Yet as these Ministers borrow their Authority, in every Thing they do, from Him; so the Praise or Dispraise of their Actions returns finally upon Him also. For which Reason, and because according to the Quality of Ministers, Business is done either well or ill, there lies an Obligation upon a Prince to advance honest and fit Persons to Offices of Trust in the Government, and upon Occasion to examine into the Proceedings of the same; and as he finds them deserving, to reward or punish them accordingly, for an Example to others to understand, that there is no less Fidelity and Diligence to be used in managing the publick Business, than one would practise in any private Affair that relates to himself. So when wicked People are incouraged to put their Inclinations in Practice, upon the Hopes of escaping very easily unpunish’d under Judges that are subject to Corruption; it is a Prince’s Duty to animadvert severely upon such Judges, as Favourers of Vice, against the Safety of the Subject, and Quiet of the Nation.55 And though the Dispatching of the ordinary Affairs may be committed to the Ministers Care; yet a Prince is never to refuse to lend his Ear with Patience, when his Subjects present him with their Complaints and Addresses.
X.Of Taxes and Duties. L. N. N. l. 7. c. 9. §10.For Taxes and the like Duties, to which Subjects are upon no other Account obliged, than as they are necessary to support the publick Charge in Peace and War; it deserves to be the Care of Princes not to extort more, than either the Necessities or signal Advantages of the Nation56 require; and so to alleviate and soften them in the Ways and Means of laying them upon the Subject, that every one may find their Weight as little offensive as it can possibly be; being charged upon Particulars in a fair and equitable Proportion, without favouring of one Person, to deceive or oppress another. And let not the Money that is so rais’d be consumed by Princes in Luxury and Vanities, or thrown away in Gifts and needless Ostentation; but laid out upon the Occasions of the Nation; always foreseeing, that their Expences be made to answer to their Revenue; and in case of any Failure in the latter, so to order Things, that by prudent Frugality and retrenching unnecessary Expences, the Publick may not suffer Damage for want of a sufficient Treasure.
XI.Interest of the Subject to be advanced by Princes. L. N. N. l. 7. c. 9. §11.It is true, Princes have no Obligation upon them to find Maintenance for their Subjects, otherwise than Charity directs them to a particular Care of those, for whom it is impossible to subsist of themselves by Reason of some Calamity undeserved. Yet because the Money, that is necessary for the Conservation of the Publick, must be raised out of the Subjects Estates, in whose Wealth and Happiness the Strength of a Nation does consist; it therefore concerns Princes to use their best Endeavours, that the Fortunes of their Subjects improve and flourish; as particularly, by giving Orders, how the Products of the Earth and Water may be received in the most plentiful Measure; and that Men employ their Industry in improving such Matters as are of their own Growth, and never hire foreign Hands for those Works which they can conveniently perform themselves. That all Mechanick Arts and Merchandise, and in Maritime Places, Navigation be incouraged, as of great Consequence to the Commonwealth. That Idleness be banished from amongst them, and Frugality be restored by Sumptuary Laws, contrived on Purpose to avoid superfluous Expences; especially those, which occasion the transporting of Riches out of the Kingdom. Whereof, if the Prince is pleased to set an Example in his own Person, it is likely to prove of greater Force than all the Laws beside.
XII.Factions and Parties. L. N. N. l. 7. c. 9. §12.Farther, Since the internal Health and Strength of a Nation proceeds in a particular Manner from the Unity that is among the People; 57 and according as this happens to be more and more perfect, the Power of the Government diffuses it self through the whole Body with so much the greater Efficacy: It is for this Reason incumbent upon Princes, to hinder, as well the Growth of publick Factions, as of private Associations of particular Persons by Agreements amongst themselves. As also to see, that neither all, nor any of the Subjects, place a greater Dependance, or rely more for Defence and Succour on any other Person, within or without the Realm, under any Pretence whatsoever, whether Sacred or Civil,58 than on their lawful Sovereign, in whom alone, before others, all their Expectations ought to be reposed.
XIII.Of War and Peace with foreign Nations. L. N. N. l. 7. c. 9. §13.Lastly, Since the Peace of Nations in reference to one another depends upon no very great Certainties; it ought to be the Endeavour of Princes to incourage Valour and Military Studies in their Subjects; having all things, as Fortifications, Arms, Men, and Money (which is the Sinews of Civil Affairs) ready prepared, in case of any Attack from abroad, to repel it: Though not voluntarily to begin one upon another Nation, even after sufficient Cause of War given, unless when invited by a very safe Opportunity, and that the Publick be in a good Condition conveniently to go thro’ with the Undertaking. For the same Reason it is proper to observe and search into the Counsels and Proceedings of Neighbours with all Exactness, and to enter with them into Leagues and Alliances as prudently, as so great a Concern requires.
Of the Special Laws of a Community, relating to the Civil Government59
I.What they are. L. N. N. l. 8. c. 1. §1.IT Now remains, That we take a view of the respective Parts of Supreme Government, together with such Circumstances thereunto belonging, as we find are worthy to be observ’d. In the first Place, there are the Civil Laws, meaning the Acts and Constitutions of the highest Civil Authority for the Time being, ordained to direct the Subject in the Course of his Life, as to what Things he ought to do, and what to omit.
II.Why so called.These are called Civil, upon two Accounts especially: That is, Either in Regard to their Authority, or their Original.60 In the first Sense, all manner of Laws whatsoever, by the Force whereof Causes may be tried and decided in a Court of Civil Judicature, let their Original be what it will, may pass under that Denomination. In the other, we call only those Laws Civil, which derive their Original from the Will of the Supreme Civil Government, the Subjects whereof are all such Matters, concerning which neither the Laws of God or Nature have determined; yet a due Regulation and Settlement of them is found to be very conducive and advantagious to particular Commonwealths.
III.The Law of Nature to be reinforced by them. L. N. N. l. 8. c. 1. §2.As nothing therefore ought to be made the Subject of a Civil Law, but what relates to the Good of the Commonwealth that does ordain it; so it seeming in the highest Degree expedient towards the Regularity and Ease of living in a Community, That in particular the Law of Nature should be diligently observed by all People; it lies upon Supreme Governours to authenticate the said Law with the Force and Efficacy of a Civil Law.61 For since indeed the Wickedness of a great Part of Mankind is arrived to a Degree, which neither the apparent Excellency of the Law of Nature, nor the Fear of God Himself, is sufficient to restrain; the most effectual Method remaining, to preserve the Happiness of living in a Community, is, by the Authority of the Government to inforce the Natural by the Civil Laws, and supply the Disability of the one with the Power of the other.
IV.The Penal Sanction.Now the Force and Power, which is in Civil Laws, consists in this, That to the Mandatory Part of the Statute, concerning Things to be done or omitted, there is annexed a Penal Sanction, assigning the Punishment that is to be inflicted upon a Man by a Court of Justice for omitting what he ought to do, or doing what he ought to omit. Of which Kind of Sanctions, the Laws of Nature being of themselves destitute, the breaking of them does not fall under the Punishment of any Court in this World; but yet it is reserved for the Judgment of the Tribunal of GOD.
V.Of ActionsMore particularly, it is inconsistent with the Nature of living in a Community, for any one by his own Force to exact and extort what himself accounts to be his Due. So that here the Civil Laws come in, to the Assistance of the Natural. For they allow the Creditor the Benefit of an Action, whereby the Debt that is owing to him by Virtue of a Law of Nature, with the Help of the Magistrate, may be demanded and recover’d in a Court of Justice, according to the Course of the Laws of the Nation: Whereas without such Inforcement of the said Laws, you can force nothing from a Debtor against his Will; but must intirely depend upon his Conscience and Honour. The Civil Laws admit of Actions chiefly in the Case of those Obligations that are contracted betwixt Parties by an express Bond or Covenant. For as to other Affairs, where the Obligation arises from some indefinite Duty of the Law of Nature, the Civil Laws make them not subject to an Action at all; on purpose to give occasion to good Men to exercise their Virtue, to their more extraordinary Praise, when it is evident, they do that which is just and honest without Compulsion. Beside that, frequently, the Point in Question may not be of Consequence enough to trouble a Court about it.
VI.The Prosecution of them.And whereas the Law of Nature commands many Things at large, in an indefinite Manner, and leaves the Application of them to every one in his own Breast; the Civil Laws being careful of the Honour and Tranquillity of the Community, prescribe a certain Time, Manner, Place, Persons, and other Circumstances, for the due Prosecution of those Actions, with the Proposal of a Reward upon Occasion, to incourage People to enter upon them. And when any Thing is obscure in the Law of Nature, the Civil Laws explain it. Which Explication the Subjects are obliged to receive, and follow, although their own private Opinions do otherwise lead them to a contrary Sense.62
VII.Form.So that there being thus a Number of Actions, left by the Law of Nature to be consider’d according to the Will and Judgment of each Person, which nevertheless in a Common-wealth ought to be regularly stated for the greater Decency and Quiet of the same; it uses to be the Care of the Civil Laws to reduce all those Actions, with their respective Concerns, to a proper Form; as we see it is in Wills, Contracts, and divers other Cases: from whence it comes, that they limit us (as they do) in the Exercise of several Rights, to the Use whereof the Law of Nature left us much at Liberty.
VIII.The Obedience due to the Civil Laws.For so far as the Civil Laws do not openly contradict the Law of GOD, the Subjects stand obliged to obey them, not merely out of Fear of Punishment, but by an internal Obligation confirm’d by the Precepts of the Law of Nature it self. This being one of them, amongst others, That Subjects ought to obey their lawful Sovereigns.
IX.And to the particular Commands of the Sovereign, L. N. N. l. 8. c. 1. §6.Nay, it is their Duty to obey even the Personal Commands of their Sovereigns, no less than they do the Common Laws of the Kingdom. Only here they must observe, whether the Thing commanded is to be done by them as in their own Names, in the Quality of an Action belonging properly to Subjects to do; or whether it be barely to undertake the Execution of an Affair for the Sovereign, in Consequence of that Authority which he has to command it. * In the latter Case, the Necessity that is imposed upon the Subject excuses him from Sin, tho’ to command the Fact it self is a Sin in the Sovereign. But in the Other, for a Subject, as in his own Name, to do a Thing which is repugnant to the Laws of God and Nature, can never be Lawful. And this is the Reason, why, if a Subject takes up Arms in an unjust War, at the Command of his Sovereign, he sins not: Yet if he condemns the Innocent, or accuses and witnesses against them falsely upon the like Command, he sins. For as he serves in War, he serves in the Name of the Publick; but acting as a Judge, Witness, or Accuser, he does it in his Own.
Of the Power of Life and Death
I.Twofold.The Civil Government, that is supreme in every State, has a Right over the Lives of its Subjects, either indirectly, when it exposes their Lives in Defence of the Publick; or directly, in the Punishment of Crimes.
II.Indirectly.For when the Force of Foreigners in an Invasion (which often happens) is to be repell’d by Force; or, That we cannot without the Use of Violence obtain our Rights of them; it is lawful for the Government, by its supreme Authority, to compel the Subjects to enter into its Service;L. N. N. l. 8. c. 2. not thereby purposely intending their Death, only their Lives are exposed to some Danger of it. On which Occasions, that they may be able to behave themselves with Skill and Bravery, it is fit they should be exercised and prepar’d for the Purpose. Now the Fear of Danger ought not to prevail with any Subject, to render himself uncapable of undergoing the Duties of a Soldier; much less ought it to tempt a Man that is actually in Arms, to desert the Station appointed him; who ought to fight it out to the last Drop of his Blood, unless he knows it to be the Will of his Commander, that he should rather preserve his Life than his Post; or if he be certain that the maintaining of such Post is not of so great Importance, as the Preservation of the Lives ingaged therein.
III.Directly. L. N. N. l. 8. c. 3. §1.The Government claims a Power to take away the Lives of Subjects directly, upon the Occasion of any heinous Crimes committed by them; * whereon it passes Judgment of Death by way of Punishment: As likewise the Goods and Chattels of Criminals are subject to the Censure of the Law. So that here some general Things concerning the Nature of Punishments, come to be discours’d.
IV.Of Punishments L. N. N. l. 8. c. 3. §4.Punishment is an Evil that is suffered, in Retaliation for another that is done. Or, A certain grievous Pain or Pressure, imposed upon a Person by Authority, in the Manner of Force, with Regard to an Offence that has been committed by him. For although the doing of some Things may oftentimes be commanded in the Place of a Punishment, yet it is upon this Consideration, that the Things to be done are troublesome and laborious to the Doer, who will therefore find his Sufferings in the Performance of such Action. A Punishment also signifies its being inflicted against the Wills of People: For it would not otherwise obtain its End; which is, to deter them from Crimes by the Sense of its Severity:63 An Effect it never would produce, if it were only such, as an Offender is willing and pleas’d to undergo. As for other Sufferings, which happen to be undergone in Wars and Engagements; or which one bears innocently, being wrongfully and injuriously done him; the Former not being inflicted by Authority, and the Other not referring to an antecedent Crime, they do neither of them import the proper Sense and Meaning of a Punishment.
V.Inflicted by the Government. L. N. N. l. 8. c. 3. §7.By our Natural Liberty, we enjoy the Privilege to have no other Superiour but G O D over us, * and only to be obnoxious64 to Punishments Divine. But since the Introduction of Government, it is allow’d to be a Branch of the Office of those in whose Hands the Government is intrusted, for the Good of all Communities; that upon the Representation of the unlawful Practices of Subjects before them, they should have Power effectually to coerce, [punish and restrain] the same, that People may live together in Safety.
VI.The Benefit of them.Neither does there seem to be any Thing of Inequality in this; that he who Evil does should Evil suffer. Yet in the Course of Human Punishments, we are not solely to regard the Quality of the Crime, but likewise to have an Eye upon the Benefit of the Punishment: By no means executing it on purpose to feed the Fancy of the Party injur’d, or to give him Pleasure in the Pains and Sufferings of his Adversary: Because such Kind of Pleasure is absolutely inhumane, as well as contrary to the Disposition of a good Fellow-Subject.
VII.The End of them. L. N. N. l. 8. c. 3. §8.The Genuine End of Punishments in a State, is, The Prevention of Wrongs and Injuries; which then have their Effect, when he who does the Injury is amended, or for the future incapacitated to do more, or others taking Example from his Sufferings are deterr’d from like Practices; or, to express it another way, That which a Government designs in the Matter of Punishments, is the Good, either of the Offender, or the Party offended, or generally of All its Subjects.
VIII.Upon the Offender. L. N. N. l. 8. c. 3. §9.First, We consider the Good of the Offender: In whose Mind the Smart of the Punishment serves to work an Alteration towards Amendment, and corrects the Desire of doing the same again. Divers Communities leave such Kind of Punishments as are qualified with this End, to be exercis’d by Masters over the Members of their own Families. But it never was thought good they should proceed so far as to Death, because, he that is dead is past Amendment.
IX.Upon the Party offended. L. N. N. l. 8 c. 3. §11.In the next Place, a Punishment intends the Good of the Party offended: securing him, that he suffer not the like Mischief for the future, either from the same or other Persons. He becomes secure from being again injured in like Manner by the same Person; first, By the Death of the Criminal; or, secondly, If he be allow’d Life, by depriving him of Power to hurt; as, by keeping him in Custody, taking his Arms, or other Instruments of Mischief, from him, securing him in some distant Place, and the like; or, thirdly, By obliging him to learn, at his own Peril, not to incur farther Guilt, or offend any more. But then to secure the Party offended from suffering the like Injury from other Hands, it is necessary that the Offender be punished in a most Open and Publick Manner, whereby the Criminal may become an Example to all others; and that his Punishment be accompanied with such Circumstances of Form and Pomp, as are apt to strike a Dread into as many as behold it.
XII.Nor minute Lapses.It would also be over severe in Laws, to punish the more minute Lapses which may daily happen in the Actions of Men; when, in the Condition of our Natures, the greatest Attention cannot prevent them.
XIII.And other Actions. L. N. N. l. 8. c. 3. §14.There are many Instances of Actions more, of which the Publick Laws dissemble the taking of any Notice, for the sake of the Publick Peace. As sometimes, because a good Act shines with greater Glory, if it seems not to have been undertaken upon Fear of human Punishment; or, perhaps, it is not altogether worth the troubling of Judges and Courts about it; or, it is a Matter extraordinarily difficult to be decided; or it may be some old inveterate Evil, which cannot be removed, without causing a Convulsion in the State.
XIV.Nor the Vices of the Mind.In fine, it is absolutely necessary, That all those Disorders of the Mind should be exempted from Punishment, that are the Effects of the common Corruption of Mankind; such as Ambition, Avarice, Rudeness, Ingratitude, Hypocrisy, Envy, Pride, Anger, private Grudges, and the like. All these of Necessity, must be exempted from the Cognizance of Human Judicatures, so long as they break not out into publick Enormities; seeing they abound to that Degree, that if you should severely pursue them with Punishments, there would be no People left to be the Subjects of Government.
XV.Of Pardon. L. N. N. l. 8. c. 3. §15.Farther, When there have been Crimes committed, which are punishable by the Civil Judicature, it is not always necessary to execute the Sentence of Justice upon them. For in some Cases a Pardon may possibly be extended to Criminals, with a great deal of Reason, (as it never ought to be granted without it;) and amongst other Reasons, these especially may be some: That the Ends, which are intended by Punishments, seem not so necessary to be attended to in the Case in Question: Where a Pardon may produce more Good than the Punishment, and the said Ends be more conveniently obtain’d another way: That the Prisoner can allege those excellent Merits of his own or of his Family towards the Common-wealth, which deserve a singular Reward: That he is famous for some remarkable rare Art or other; or, it is hoped, will wash away the Stain of his Crime by performing some Noble Exploit: That Ignorance had a great Share in the Case, tho’ not altogether such as to render the Criminal blameless: Or, That a particular Reason of the Law ceases in a Fact of the same Nature with his. For these Reasons, and oftentimes for the Number of the Offenders, being very great, Pardons must be granted, rather than the Community shall be exhausted by Punishments.
XVI.The greatness of a Crime L. N. N. l. 8. c. 3. §18.To take an Estimate of the Greatness of any Crime, there is to be consider’d, first, The Object against which it is commited; how Noble and Precious that is: Then, The Effects; what Damage, more or less it has done to the Common-wealth: And next, The Pravity of the Author’s Intention, which is to be collected by several Signs and Circumstances: As, Whether he might not easily have resisted the Occasions that did tempt him to it? and besides the common Reason, Whether there was not a peculiar one for his Forbearance? What Circumstances aggravate the Fact? or, Is he not of a Soul dispos’d to resist the Allurements of a Temptation? Inquiring yet farther, Whether he was not the Principal in the Commission? or, Was he seduced by the Example of others? Did he commit it once, or oftner, or after Admonition spent in vain upon him?
XVII.Measure and Kind of Punishment. L. N. N. l. 8 c. 3. §24.But for the precise Kind and Measure of Punishment, that is fit to be pronounced upon each Crime, it belongs to the Authority of the Government to determine it, with an intire Regard to the Good of the Common-wealth. Whence the same Punishment may, and oftentimes is, impos’d upon two unequal Crimes; understanding the Equality that is commanded to be regarded by Judges, to mean the particular Case of those Criminals, who being guilty of the same Kind of Fact, the one shall not be acquitted, and the other condemned without very sufficient Reason. And although Men ought to shew to one another all the Mercy and Tenderness that may be; yet the Good of the Nation,66 and the Security of its Subjects, require, upon Occasion, when either a Fact appears most pernicious to the Publick, or there is need of a sharp Medicine to obviate the growing Vices of the Age, that the Government should aggravate its Punishments: which deserve at all times to be carried high enough, to be sufficient to controll the Propensity of Men towards the Sins against which those Punishments are levell’d. And let the Government observe, That no greater Punishments be inflicted, than the Law assigns, unless the Fact be aggravated by very heinous Circumstances.
XVIII.The Person of the Offender. L. N. N. l. 8. c. 3. §25.Moreover, Since the same Punishment, not affecting all Persons alike, meets with various Returns to the Design thereof, of restraining in them the Itch of Evil-doing, according to the Disposition of every one that incounters it; therefore both in the Designation of Punishments in general, and in the Application of them to Particulars, it is proper to consider the Person of the Offender, in Conjunction with as many Qualities as concur to augment or diminish the Sense of Punishment; as, Age, Sex, Condition, Riches, Strength, and the like.
XIX.Effects of one Man’s Crime upon another. L. N. N. l. 8. c. 3. §33.Not but that it frequently happens,67 that the Crime of one shall occasion the Inconvenience of many others, even to the Intercepting of a future Blessing from them that they justly expected to receive. So when an Estate is confiscated for a Crime done by the Parents, the innocent Children are plunged into Beggary. And when a Prisoner upon Bail makes his Escape, the Bail is forced to answer the Condition of the Bond, not as a Delinquent, but because it was his voluntary Act to oblige himself to stand to such an Event.
XX.Crimes done by Communities. L. N. N. l. 8. c. 3. §28.From whence it follows, That as no Man in a Court of Civil Judicature, can properly be punish’d for another’s Crime; so in the Commission of a Crime by a Community,68 whoever does not consent to it, shall not be condemn’d for it; nor suffer the Loss of any Thing he does not hold in the Name and Service of the Community, farther than it is usual on these Occasions for the Innocent to feel the Smart of the Common Misfortune. When all those are dead, who did consent or assist towards the said Crime; then the Guilt thereof expires, and the Community returns to its pristine Innocency.
I.Defined. L. N. N. l. 8. c. 4. §1.Reputation in General, is that Value set upon Persons in the World, on some account or other, by which they are compar’d and equaliz’d, preferr’d or postpon’d69 to others.
II.Divided.It is divided into Simple, and Accumulative; and may be consider’d as to both, either in a People living at their Natural Liberty, or united together under a Government.
III.Simple Reputation in a State of Nature. L. N. N. l. 8. c. 4. §2.Simple Reputation amongst a People in their Natural Liberty, consists chiefly in this, That by their Behaviour, they have the Honour to be esteem’d, and treated with, as Good Men, ready to comport themselves in Society with others, according to the Prescription of the Law of Nature.
IV.How preserved. L. N. N. l. 8. c. 4. §3.The Praise whereof remains Entire, so long as no evil and enormous Fact is knowingly and wilfully done by them, with a wicked Purpose, to violate the Laws of Nature towards their Neighbour. Hence every one naturally is to pass for a Good Man, ’till the contrary is prov’d upon him.
V.Diminished, and repaired. L. N. N. l. 8. c. 4. §4.The same is diminish’d by Transgression against the Law of Nature maliciously, in any heinous Matters; which serves also as a Caution for the future, to treat with him that does it, with greater Circumspection; though this Stain may be wash’d off, either by a voluntary Reparation of Damages, or the Testimonies of a serious Repentance.
VI.Lost, and recovered. L. N. N. l. 8. c. 4. §5.But by a Course of Life directly tending to do Mischief, and the seeking of Advantages to themselves, by open and promiscuous Injuries towards others, the Reputation describ’d is totally destroyed. And till Men of this sort repent, and change their Ways, they may lawfully be used as Common Enemies, by every one, that is in any manner liable to come within the Reach of their Outrages: Since it is not impossible, even for those Men, to retrieve their Credit; if after they have repair’d all their Damages and obtain’d their Pardons, they renounce their vicious, and embrace for the time to come, an honest Course of living.
VII.Under Government. L. N. N. l. 8. c. 4. §6.Simple Reputation, with regard to such as live under Civil Government, is that Sort of Esteem, by which a Man is looked on at the lowest, as a common but a sound Member of the State: Or when a Man hath not been declar’d a corrupt Member, according to the Laws and Customs of the State, but is supposed to be a good Subject, and is look’d upon accordingly, and valu’d for such.
VIII.Lost by an ill Condition of Life, L. N. N. l. 8. c. 4. §7.Here therefore the same perishes, either by Reason of the Course of a Man’s Life, or in Consequence of some Crime. The first is the Case of Slaves; whose Condition, tho’ naturally having no Turpitude in it, in many Communities places them, if possible, below Nothing. As likewise that of Panders, Whores, and such like, whose Lives are accompanied with Vice, at least the Scandal of it. For tho’, whilst the Community thinks fit publickly to tolerate them, they participate of the Benefit of the Common Protection; yet they ought however to be excluded the Society of Civil Persons. And we may conclude no less of others, who are employ’d in Works of Nastiness and Contempt, tho’ naturally not including any Vitiousness in them.
IX.And his Crimes.By Crimes Men utterly lose their Reputation, when the Laws set a Brand of Infamy upon them for the same; either by Death, and so their Memory is set under Disgrace for ever; or by Banishment out of the Community, or by Confinement, being consider’d as scandalous and corrupt Members.
X.Otherwise Indelible. L. N. N. l. 8. c. 4. §9.Otherwise it is very clear, that the Natural Honour of no Man can be taken from him solely by the Will of the Government. For how can it be understood, that the Government should have a Power collated on it, which conduces in no Degree to the Benefit of the Common-wealth? So neither does it seem, as if a real Infamy can be contracted by executing the Commands of the Government, barely in the Quality of a Minister, or Officer.
XI.Accumulative Reputation. L. N. N. l. 8. c. 4. §11.Accumulative Reputation we call that, by which Persons, reciprocally equal as to their Natural Dignity, come to be preferr’d to one another according to those Accomplishments, which use to move the Minds of People to pay them Honour: For Honour is properly, the Signification of our Judgment concerning the Excellency of another Person.
XII.Twofold.This Sort of Reputation may be consider’d, either as amongst those who continue in the Liberty of a State of Nature, or amongst the Members of the same Common-wealth. We will examine, what the Foundations of it are, and how they produce in People, both a Capacity to expect the being Honoured by others; and an actual Right, strictly so called, to demand it of them as their Due.
XIII.The Grounds of it. L. N. N. l. 8. c. 4. §12.The Foundations of an Accumulative Reputation, are in General reckoned to be all Manner of Endowments, either really containing, or such as are supposed to contain, some great Excellency and Perfection, which has plainly a Tendency in its Effects to answer the Ends of the Laws of Nature or Societies. Such are Acuteness and Readiness of Wit, a Capacity to understand several Arts and Sciences, a sound Judgment in Business, a steddy Spirit, immoveable by outward Occurrences, and equally superiour to Flatteries and Terrours: Eloquence, Beauty, Riches; but, more especially the Performing of good and brave Actions.
XIV.The Distinction of a Capacity and a Right to it. L. N. N. l. 8. c. 4. §14.All these Things together, produce a Capacity to receive Honour, not a Right. So that if any Person should decline the Payment of his Veneration to them, he may deserve to be taken Notice of for his Incivility, but not for an Injury. For a perfect Right to be honoured by others, that bear the Ensigns thereof, proceeds either from an Authority over them; or from some mutual Agreement; or from a Law that is made and approved by one Common Lord and Master.
XV.Amongst Princes and States. L. N. N. l. 8. c. 4. §20.Amongst Princes and independent States, they usually alledge, for Honour and Precedence, the Antiquity of their Kingdoms and Families, the Extent and Richness of their Territories, their Power Abroad and at Home, and the Splendour of their Styles. Yet neither will all these Pretences beget a perfect Right in any Prince or State to have the Precedence of others, unless the same has been first obtained by Concession or Treaty.
XVI.Amongst Subjects. L. N. N. l. 8. c. 4. §24.Amongst Subjects, the Degree of Honour is determined by the Prince, who wisely therein regards the Excellency of each Person, and his Ability to advance the publick Good. And whatever Honour a Subject receives in this Nature, as he may justly claim it against his Fellow-Subject, so he ought no less to satisfie himself in the quiet Enjoyment of it.
Of the Power of Governours over the Goods of their Subjects
I.Threefold. L. N. N. l. 8. c. 5. §1.As it wholly lies at the Pleasure of supreme Governours, to appoint with what Restriction they will allow their Subjects to have Power over the Goods which themselves derive upon them; so also over the Goods of the Subjects own acquiring by their proper Industry or otherwise, the said Governours claim a threefold Kind of Right, resulting from the Nature, and as being necessary to the End, of Communities.70
II.By Laws. L. N. N. l. 8. c. 5. §3.Their First, consists in this; That it belongs to them to prescribe Laws to the Subjects, about the Measure and Quality of their Possessions; and which way to transfer the same from Hand to Hand, with other Particulars of the like Nature; and how to apply them in the Use to the best Advantage of the whole Body.
III.By Taxes and Customs. L. N. N. l. 8. c. 5. §4.By the Second, they claim to appropriate to themselves, out of the Goods of the Subjects, a Portion by the Name of Tribute and Customs. And it is but reasonable, that since the Lives and Fortunes of all the Members are defended by the Community, the necessary Charges thereof should be defrayed by a general Contribution. For he must be very impudent indeed, who will enjoy the Protection and Priviledges of a Place, and yet contribute nothing in Goods or Service towards its Preservation. Only herein there will be great Occasion for Governours to accommodate themselves with Prudence to the querulous Temper of common People; and let them endeavour to levy the Money the most insensibly that they can: Observing first an Equality towards all, and then to lay the Taxes rather upon the smaller Commodities of various Kinds, than upon the Chief in a more uniform Way.
IV.By Seisure for publick Use extraordinary. L. N. N. l. 8. c. 5. §7.The Third, is a *Right of Extraordinary Dominion, consisting in this; That upon an urgent Necessity of State, the Goods of any Subject, of which the present Occasion has need, may be taken and applied to publick Uses, tho’ far exceeding the Proportion, that the Party is bound to contribute towards the Expences of the Common-wealth, For which Reason, as much (if it be possible) ought to be refunded to him again, either out of the publick Stock, or by the Contribution of the Rest of the Subjects.
V.Publick Revenues unalienable. L. N. N. l. 8. c. 5. §9.Beside these three Pretensions over the private, in divers Communities there are some particularly call’d, the publick Estate; which carry also the Name of the Kingdom’s, or the Prince’s Patrimony, according as they are distributed into the Treasury or the Privy Purse. The Latter serves for the Maintenance of the Prince and his Family; who has a Property in it during Life, and may dispose of the Profits thence arising at his Pleasure: But the Use of the Other is appropriated for the publick Occasions of the Kingdom; the Prince officiating therein as Administrator only, and standing obliged to apply all to the Purposes to which they are designed. And neither of the two Patrimonies can be alienated by the Prince without the People’s Consent.
VI.Neither Royal Power nor Allegiance, alienable. L. N. N. l. 8. c. 5. §10.Much less can a whole Kingdom (that is not held patrimonially) or any Part of it, be alienated without their Consent to it: And in the latter Case particularly the Consent of that Part that is to be alienated. As on the other Hand no Subject against the Will of his Community, can possibly disingage himself from the Bonds of his Duty and Allegiance to it; unless the Force of foreign Enemies reduces him to such a Condition, that he has no other Way to be safe.
Of War and Peace
I.Necessity of War sometimes. L. N. N. l. 8. c. 6. §2.Altho’ nothing is more agreeable to the Laws of Nature, than the mutual Peace of Men with one another, preserved by the voluntary Application of each Person to his Duty; living together in a State of Peace, being a peculiar Distinction of Men from Brutes; yet it is sometimes both Lawful and Necessary to go to War, when by means of another’s Injustice, we cannot, without the Use of Force, preserve what is our own, nor injoy those Rights which are properly ours. But here common Prudence and Humanity do admonish us * to forbear our Arms there, where the Prosecution of the Injuries we resent, is likely to return more Hurt upon us and ours, than it can do Good.
II.Just Causes of War. L. N. N. l. 8. c. 6. §4.The just Causes upon which a War may be undertaken, come all to these: The Preservation of our selves, and what we have, against an unjust Invasion; and this Sort of War is called *Defensive. The Maintenance and Recovery of our Rights from those that refuse to pay them: The Reparation of Injuries done to us, and Caution against them for the future. And this Sort of War is called Offensive.
III.Amicable Composition.Not that upon a Prince’s taking himself to be injur’d, he is presently to have Recourse to Arms, especially if any Thing about the Right or Fact in Controversie remains yet under Dispute. † But first let him try to compose the Matter in an amicable Way, by Treaties, by Appeal to Arbitrators, or by submitting the Matter in Question to the Decision of a Lot; ‡ and these Methods are the rather to be chosen by that Party who claims from another, because Possession, with any Shew of Right, is wont to meet with the most favourable Constructions.
IV.Unjust Causes of War. L. N. N. l. 8. c. 6. §5.The unjust Causes of War, are either those which openly to all the World are such; as, Ambition and Covetousness, and what may be reduced thereto: Or § those that admit of a faint and imperfect Colour to be pretended in their Excuse. Of this Kind there is Variety: As, The Fear of a Neighbour’s growing Wealth and Power; Conveniency of a Possession, to which yet no Right can be made out; Desire of a better Habitation; The Denial of common Favours; The Folly of the Possessor; The Desire of extinguishing another’s Title, lawfully acquired, because it may be prejudicial to us; ‖ and many more.
V.Of Deceit in War. L. N. N. l. 8. c. 6 §6.And tho’ the most proper Way of Acting in War, is by that of Force and Terrour, yet it is altogether as lawful to attack an Enemy by Stratagems and Wiles, provided that the Faith and Trust which you give him is inviolably observed. ¶ It is lawful to deceive him by Stories and feigned Narrations, not by Promises and Covenants.
VI.Violence: L. N. N. l. 8. c. 6 §7.But concerning the Violence which may be used against him, and what belongs to him; we must distinguish betwixt what it is possible for him to suffer without Injustice, and what we may easily inflict without the Breach of Humanity. Whoever declares himself my Enemy, as he makes Profession by that very Act of enterprizing upon me the greatest Mischiefs in the World; so at the same Time he fully indulges me the Leave to imploy the utmost of my Power, without Mercy, against himself. * Yet Humanity commands me, as far as the Fury of War will permit, that I do my Enemy no more Harm, than the Defence or Vindication of my Right requires, with Care to my Security for the Time to come.71
VII.Solemn and less solemn War. L. N. N. l. 8. c. 6. §9.We commonly divide War into Solemn and less Solemn. To a Solemn War it is required, That it be made on both Sides by the Authority of the Sovereign Governours; and preceeded by a publick Declaration. The other either is not publickly denounced, or, perhaps, is begun amongst private Persons. † To which latter Head belong also Civil Wars.
VIII.Power of making War. L. N. N. l. 8. c. 6. §10.As the Power of making War, in all Nations lies in the same Hands, that are intrusted with the Government; ‡ so it is a Matter above the Authority of a subordinate Magistrate to ingage in, without a Delegation from thence, tho’ he could suppose with Reason, that were they consulted upon the Matter, they would be pleased with it.
Indeed all Military Governours of fortified Places and Provinces, having Forces under them to command upon the Defence thereof, may understand it to be injoyn’d them by the very Design of their Imployments, to repel an Invader, from the Parts committed to their Trust, by all the Ways they can. But they are not rashly to carry the War into an Enemy’s Country.
IX.Wars occasioned by protecting of Refugees. L. N. N. l. 8. c. 6. §12.In a State of Natural Liberty, a Person is assaulted by Force only for the Injuries that are done by himself. But in a Community, a War often happens upon the Governour or the whole Body, when neither of them has committed any Thing. To make this appear just, it is necessary, the Act of a Third Party must by some way or other pass upon them. Now Governours do partake of the Offences, not only of their proper Subjects, but of others that occasionally flee to them; if either the Offences are done by their Permission, or that they receive and protect the Offender. The Sufferance of an Offence becomes then blameable, when at the same Time that one knows of the doing it, he has a Power to hinder it. Things openly and frequently done by the Subjects, are supposed to be known to their Governours; in whom it is always presumed there is a Power also to prohibit, unless a manifest Proof appears of its Defect. Yet to make it an Occasion of War, to give Admittance and Protection to a Criminal, who flies to us for the Sake only of escaping his Punishment, is what must proceed rather by Virtue of a particular Agreement betwixt Allies and Neighbours, than from any common Obligation; unless the Fugitive, being in our Dominions, contrives Hostilities against the Common-wealth he deserts.
X.Reprisals. L. N. N. l. 8. c. 6. §13.Another received Custom betwixt Nations, is, That the Goods and Estate of every Subject may be answerable to make good the Debts of that State of which they are originally Members; as also for all that Wrong which that State may offer to Foreigners, or that Justice it may refuse to shew them, insomuch, that the Foreign Nation, whose Subjects have been thus injur’d by this State, may retaliate the Wrong upon the Effects or Persons of such Subjects of this State, as may be found among them. And these Sorts of Executions are usually called Reprisals,* and commonly prove the Forerunners of War. Those States who are the Aggressors, and give just Cause for such Reprisals, ought to refund and make Reparation to their Subjects upon whom they have thus brought Loss and Damage, by making them liable to have such Reprisals made upon them.
XI.Of Wars in the Defence of others. L. N. N. l. 8. c. 6. §14.A War may be made by a Person, not only for himself, but for another. In order to do this with Honesty, it is requisite, that He for whom the War is undertaken, shall have a just Cause; and his Friend, a probable Reason, why he will become an Enemy to that other for his sake. Amongst those, in whose Behalf it is not only lawful, but our Duty to make War, there is, in the first Place, our Natural Subjects, as well severally, as the universal Body of them; provided, that the War will not evidently involve the State in greater Mischiefs still. Next, there are the Allies, with whom we have engaged to associate our Arms by Treaty: Yet, therein not only giving the Precedence to our own Subjects, if they should chance to stand in need of Assistance at the same Juncture; but presupposing also, that the Allies have a just Cause, and begin the War with Prudence. * After our Allies, our Friends deserve to be assisted by us, even without our Obligation to do it by a special Promise. And where there is no other Reason, the common Relation alone of Men to Men, may be sufficient, when the Party imploring our Aid is unjustly oppressed, to engage our Endeavours, as far as with Convenience we are able, to promote his Defence.
XII.The Liberty of killing, &c. in War. L. N. N. l. 8. c. 6. §18.The Liberty that is in War, of killing, plundering, and laying all Things waste, extends it self to so very large a Compass, that tho’ a Man carries his Rage beyond the uttermost Bounds of Humanity, yet in the Opinion of Nations, he is not to be accounted infamous, or one that ought to be avoided by Persons of Worth. † Excepting, that amongst the more Civilized World, they look upon some particular Methods, of doing Hurt to Enemies, to be base; as poisoning Fountains, or corrupting of Soldiers or Subjects to kill their Masters, &c.
XIII.Of things taken in War. L. N. N. l. 8. c. 6. §20.Moveable Things are understood to be Taken in War then, when they are carried out of the Reach of the Enemy who before possessed them. * And Things immoveable, when we have them within our Custody so, that we can beat the Enemy away from thence. Yet the Right of the former Possessor to retake the same, is never utterly extinguished, till he renounces all his Pretensions to them by a subsequent Agreement. For without this, it will be always lawful, by Force, to retrieve again what by Force is lost. The Soldiers fight by the Authority of the Publick; and whatever they obtain from the Enemy, they get it not for themselves, but properly for the Community they serve. Only it is customary in most Places, to leave to them by Connivance the Moveables, especially those of small Value, that they take, in the Place of a Reward, or perhaps instead of their Pay, and for an Incouragement to them to be free of their Blood. When Things immoveable that have been lost to, are retaken from the Enemy, they return into the Possession of the former Owners: † And Moveables ought to do the same; but that amongst most People they are delivered over and foregone as a Prey to the Army.
XIV.Conquest. L. N. N. l. 8. c. 6. §24.Empire72 also or Government comes to be acquired by War, not only over the particular or single Persons conquered, but intire States.‡ To render this lawful, and binding upon the Consciences of the Subjects, it is necessary, That on the one Side the Subjects swear Fidelity to the Conqueror; and on the other, that the Conqueror cast off the State and Disposition of an Enemy towards them.
XV.Truce L. N. N. l. 8. c. 7. §3.The Proceedings of War are suspended by a Truce; which is an Agreement (the State and Occasion of the War remaining still the same as before,) to abstain on both Sides from all Acts of Hostility for some Time appointed. When that is past, if there be no Peace concluded in the Interim, they resume their Hostilities again, without the Formality of a new Declaration.
XVI.Treaties of Truce.Now Truces are either such as they consent to during the Continuance of the Expedition, whilst both Sides keep their Forces on foot; or those, on which they quite disband their Forces, and lay aside all Military Preparations. The first are seldom taken but for a small Time. The others they may and usually do take for a Continuance so long, as to carry the Face of a Peace; and sometimes also the very Name, with the Addition of some Term of Years, only to distinguish it from a perfect Peace indeed, which regularly is Eternal, and extinguishes the Causes of the War for ever. * Those that they call tacit Truces, oblige to nothing. For as on both Sides they lie quiet for their Pleasure, so, whenever they think fit, they may break out into Acts of Hostility.
XVII.Treaties of Peace. L. N. N. l. 8. c. 8.But when a Peace is mutually ratified by each Sovereign Governour, upon Articles and Conditions agreed betwixt themselves, which they ingage to observe and put in Execution faithfully by a Time prescribed; then a War is perfectly ended. † In Confirmation whereof, it is usual, not only for both Parties to take their Oaths and interchange Hostages; but for some others oftentimes, especially amongst the Assistants at the Treaty, to undertake the Guaranty of the same, with Promises of Aid to him who ever is first injured by the other, in Contravention to the Articles of the Peace that is made.
I.Alliances twofold. L. N. N. l. 8. c. 9. §1.Alliances73 interchangeably passed betwixt Sovereign Governours, are of good Use both in Times of War and Peace. * They may be divided, in Respect of their Subject, either into such as reinforce the Duty already incumbent on us from the Law of Nature; or such as superadd something to the Precepts of the Law; at least, they determine their Obligation to such or such particular Actions, which before seemed indefinite.
II.Treaties of Peace. L. N. N. l. 8. c. 9. §2.By the first Sort are meant Treaties of Peace, wherein nothing more is agreed upon than the simple Exercise of Humanity towards one another, or a Forbearance of Mischief and Violence. Or, perhaps, they may establish a general Sort of Friendship betwixt them, not mentioning Particulars; or fix the Rules of Hospitality and Commerce, according to the Directions of the Law of Nature.
III.Equal Leagues. L. N. N. l. 8. c. 9. §3.The others of the latter Sort, are called Leagues, and are either Equal or Unequal. Equal Leagues are so far composed of the same Conditions on both Sides, that they not only promise what is Equal absolutely, or at least in Proportion to the Abilities of the Person; but they stipulate in such a Manner too, that neither Party is to the other obnoxious,74 or in a worse Condition.
IV.Unequal. L. N. N. l. 8. c. 9. §4.Unequal Leagues are those, wherein Conditions are agreed upon that are unequal, and render one Side worse than the other. † This Inequality may be either on the Part of the Superiour, or else of the Inferiour Confederate. For if the Superiour Confederate ingages to send the other Succours, unconditionally, not accepting of any Terms from him, or ingages to send a greater Proportion of them than He, the Inequality lies upon the Superiour. But if the League requires of the inferiour Confederate the Performance of more Things towards the Superiour, than the Superiour performs towards him, the Inequality there no less evidently lies on the Side of the Inferiour.
V.Conditions put upon Inferiours. L. N. N. l. 8. c. 9. §5.Amongst the Conditions required of an inferiour Ally, some contain a Diminution of his Sovereign Power, restraining him from the Exercise thereof in certain Cases without the Superiour’s Consent. Others impose no such Prejudice upon his Sovereignty, but oblige him to the Performance of those we call transitory Duties, which once done, are ended altogether. As, to discharge the Pay of the other’s Army; to restore the Expences of the War; to give a certain Sum of Money; to demolish his Fortifications, deliver Hostages, surrender his Ships, Arms, &c. And yet neither do some perpetual Duties diminish the Sovereignty of a Prince. As, to have the same Friends and Enemies with another, tho’ the other be not reciprocally ingaged to have the same with him: To be obliged to erect no Fortifications here, nor to sail there, &c. To be bound to pay some certain friendly Reverence to the other’s Majesty, and to conform with Modesty to his Pleasure.
VI.The Subject of Leagues.Both these Sorts of Leagues, as well Equal as the Unequal, are wont to be contracted upon various Reasons, whereof such especially produce Effects of the strongest and most binding Complexion, as tend to the Conjunction of many Nations in a League that is to last for ever. But the Common Subject of the Leagues most in Use, is, either the Preservation of Commerce, or the Furnishing of Succours in a War, Offensive or Defensive.
VII.Real and personal Leagues. L. N. N. l. 8. c. 9. §6.There is another famous Division of Leagues into Real, and Personal. The Latter express such a near Regard to the Person of the Prince they are contracted with, that whenever he dies, they expire also. Real Leagues are those, which not being entred into in Consideration so much of any particular Prince or Governour, as of the Kingdom or Common-wealth, continue in full Force, even after the Death of the first Contracters of them.
VIII.Sponsions.75 L. N. N. l. 8. c. 9. §12.The next in Nature to Leagues, are the Agreements of a Publick Minister, made upon the Subject of the Affairs of the Prince his Master, without Orders for the same; which are usually called Overtures. The Conditions whereof impose no Obligation upon the Prince, till he shall please afterwards to ratifie them by his own Authority. And therefore, if, after the Minister has agreed upon the Compact absolutely, he cannot obtain his Prince’s Confirmation of it; it lies upon himself to consider, what Satisfaction he ought to render to those, who, depending upon his Credit, have been deceived by him with insignificant Ingagements.
The Duty of Subjects
I.Twofold. L. N. N. l. 7. c. 8. §10.The Duty of Subjects is either General, arising from the Common Obligation which they owe to the Government as Subjects: Or Special, upon the Account of some particular Office and Imployment, that the Government imposes upon them.
II.General.Their General Duty respects the Demeanour of themselves severally, towards their Governours, the Common-wealth,76 and one another in particular.
III.Towards their Governours.To their Governours they owe Honour, Fidelity, and Obedience. Beside that, they ought to entertain good and honourable Thoughts of them and their Actions, and speak accordingly; to acquiesce with Patience and Content under the present State of Things, not suffering their Desires to wander after Innovations; not adhering to any Persons, or admiring and honouring them, more than they do the Magistrates that are set over them.
IV.The Common-wealth;In Reference to the Common-wealth, their Duty is, to prefer the Happiness and Safety of it to the dearest Things they have in the World: To offer their Lives, Estates and Fortunes with Chearfulness towards its Preservation, and to study to promote its Glory and Welfare by all the Powers of their Industry and Wit.
V.One another.Towards one another, their Behaviour ought to be friendly and peaceable, as serviceable, and as affable as they can make it; not to give Occasion of Trouble by Moroseness and Obstinacy, nor envying the Happiness of any, or interrupting their lawful and honest Injoyments.
VI.Their special Duties.And as for their peculiar Duties, as Officers, whether they influence the whole Body of the Nation, or are employed only about a certain Part of it, there is this one general Precept to be observed for all; That no Person affect or take upon him any Imployment, of which he knows himself, by the Sense of his Disabilities (whether Want of Strength, Skill, Courage, &c.) to be unworthy and uncapable.
VII.The Duty of Privy-Counsellors.Particularly, let those who assist at the Publick Counsels, turn their Eyes round upon all Parts of the Common-wealth; and whatever Things they discover to be of Use, thereupon ingenuously and faithfully, without Partiality or corrupt Intentions, lay open their Observations. Let them not take their own Wealth and Grandure, but always the publick Good, for the End of their Counsels; nor flatter their Princes in their Humours to please them only. Let them abstain from Factions and unlawful Meetings or Associations; dissemble not any thing that they ought to speak, nor betray what they ought to conceal. Let them approve themselves impenetrable to the Corruptions of Foreigners; and not postpone the publick Business to their private Concerns and Pleasures.
VIII.The Clergy.Let the Clergy, who are appointed publickly to administer in the Sacred Offices of Religion, perform their Work with Gravity and Attention; teaching the Worship of God, in Doctrines that are most true, and shewing themselves eminent Examples of what they preach to others; that the Dignity of their Function, and the Weight of their Doctrine, may suffer no Diminution by the Scandal of their ill led Lives.
IX.Publick Readers.Let such who are publickly imployed to instruct the Minds of the People in the Knowledge of Arts and Sciences, teach nothing that is false and pernicious; delivering their Truths so, that the Auditors may assent to them, not out of a Custom of hearing, but for the solid Reasons that attend them: And avoiding all Questions which incline to imbroil Civil Society; let them assure themselves, that whatever human Science or Knowledge returns no Good to us, either as Men or Subjects, the same deserves their Censure as impertinent Vanity.
X.Lawyers.Let those Magistrates, whose Office it is to distribute Justice, be easie of Access to all, and ready to protect the Common People against the Oppressions of the more mighty; administring Justice both to Rich and Poor, Inferiour and Superiour, with a perfect Equality. Let them not multiply Disputes unnecessarily; abstain from Corruption; be diligent in trying of Causes, and careful to lay aside all Affections that may obstruct Sincerity in Judgment; not fearing the Person of any Man while they are doing their Duty.
XI.Officers of the Army.Let the Officers of War diligently Exercise their Men on all Occasions, and harden them for the enduring the Fatigues of a Military Life, and inviolably preserve good Discipline among them. Let them not rashly expose them to the Danger of the Enemy, nor defraud them of any of their Pay or Provisions; but procure it for them with all the Readiness they are able, and keep them in the Love of their Country, without ever seducing them to serve against it.
XII.Soldiers.On the other Hand, let the Soldiers be content with their Pay, without plundering, or harrassing the Inhabitants. Let them perform their Duty couragiously and generously, in the Defence of their Country; neither running upon Danger with Rashness, nor avoiding it with Fear: Let ’em exercise their Courage upon the Enemy, not their Comrades: And maintain their several Posts like Men, preferring an Honourable Death before a Dishonourable Flight and Life.
XIII.Ambassadors and Envoys.Let the Ministers of the Common-wealth in foreign Parts, be cautious, and circumspect; quick to discern Solidities from Vanity, and Truths from Fables; in the highest Degree, Tenacious of Secrets, and obstinately averse to all Corruptions, out of their Care of the Good of the Common-wealth.
XIV.Officers of the publick Revenues.Let the Officers for Collecting and Disposing of the Publick Revenue have a Care of using needless Severities, and of increasing the Subjects Burthen for their own Gain, or through their troublesome and petulant Humours. Let them misapply nothing of the publick Stock; and satisfie the Persons who have Money to be paid out of it, without Delays unnecessary.
XV.The Continuance of the Duties aforesaid. L. N. N. l. 8. c. 11.All these Particular Duties of Subjects, continue during the Time of Employment: And when that ceases, the other expire also. But their General Duties are in Force, so long as ever Men continue to be Subjects; that is, ’till by either the express or tacit Consent of the Nation, they depart thence, to fix the Seat of their Fortunes elsewhere; that they are banished and deprived of the Rights of Subjects for their Crimes; or, being overcome in Battle, they are forced to yield to the Disposal of the Conqueror.
two discourses and a commentary by jean barbeyrac
[1.]Tooke’s rendering of this crucial paragraph differs significantly from Pufendorf’s original. Pufendorf wrote not of duties attaching to a particular state ordained for man by providence, but of those arising from the diverse statuses (ex diverso statu) man occupies in social life. This definitively Pufendorfian viewpoint results from his doctrine that civil duties attach not to a human essence, or telos, but to statuses instituted by man. Silverthorne’s rendering is broadly accurate: “We must next inquire into the duties which fall to man to perform as a result of the different states in which we find him existing in social life. By ‘state’ [status] in general, we mean a condition in which men are understood to be set for the purpose of performing a certain class of actions. Each state also has its own distinctive laws [jura]” (Man & Citizen, p. 115). Only Silverthorne’s choice of “laws” for jura is questionable. Here perhaps Tooke’s “Rights and Offices” better captures the spirit of Pufendorf’s formulation.
[*] See Book I. Chap. III. §3. and the References made to it. [Barbeyrac’s marginal note (a), p. 236.]
[2.]At this point, following Barbeyrac, the English editors have deleted Pufendorf’s characterization of the life of man imagined in the absence of the mutual assistance and industry through which he compensates for his natural weakness (imbecillitas). In Tooke’s original edition the deleted passage runs “especially considering the present circumstances under which we at this time find Human Nature: Which would certainly be much more miserable than that of a Beast, if we think with our selves, with what weakness man enters this World, so that he must immediately perish, except he be sustained by others, and how rude a Life he must lead, if he could procure nothing for himself, but by means of his own single Strength and Skill. But ’tis plain, that we owe it all to the aid of other persons, that we are able to pass through so many Infirmities from our Infancy to Manhood; that we enjoy infinite number of Conveniences; that we improve our Minds and Bodies to such a degree as to be useful to our selves and our Neighbour.” Barbeyrac had ideological misgivings about the bleakness of Pufendorf’s picture of the state of nature, believing that it gives too great a role to the civil state in securing man’s happiness, hence too much power to the civil sovereign.
[3.]In the early modern (Latin) sense of “subject to the authority of another.”
[4.]“The State of Man in a Community” is Tooke’s addition. Pufendorf’s sentence ends at “Civil State.”
[5.]Ovid’s myth of Cadmus, in which men spring from the ground where the dragon’s teeth have been scattered.
[6.]In other words, even today states exist in a state of nature with regard to other states; for the civil condition, with its entire array of duties and rights, is internal to the particular state.
[7.]That is, “states” (civitates). Barbeyrac’s formulation, according to which men gradually bring themselves under Gouvernement Civil (p. 239), is an improvisation on the theme.
[8.]Barbeyrac deleted the following evocation of man’s miserable condition in the state of nature (to the end of the paragraph), his second such deletion. (See note 2, p. 167.) Further, to reinforce his unauthorized intervention, he added a footnote to Pufendorf’s ensuing praise of the civil state, accusing him of exaggerating its virtues. In declining to follow Barbeyrac on this occasion, the English editors perhaps display a degree of detachment from his more intense ideological engagement with Pufendorf’s text.
[9.]In Pufendorf’s original text and in Tooke’s original translation, this important section, on the limited degree to which natural law binds man in the state of nature, was the final one in the chapter (sec. XI). In it, Pufendorf signals his relation to Hobbes’s famous account of the state of nature as the “war of all against all.” Against Hobbes, Pufendorf argues that even in the state of nature men should be bound by the natural law of sociability. In denying that men can in fact live by this law in the absence of civil authority, however, Pufendorf comes close to the Hobbesian viewpoint. If others are natural friends, they are unreliable ones, and in peace we should be prepared for war. In reversing the order of Pufendorf’s final two sections, Barbeyrac prevents this being Pufendorf’s final word on the natural condition.
[*] See Grotius de Jure Belli & Pacis, lib. 2. cap. 23. §6, &c.
[*] Grotius de Jure Belli & Pacis, l. 2. c. 5. §9. &c.
[10.]I.e., the capacity to procreate.
[11.]I.e., the woman must promise to be sexually faithful.
[*] See Element. jurisprud. universal. l. 11. §7. Apol. §29. Eris Scandica. P. 48. & seq. p. 109.
[12.]The reference to “Subjects of such a Community” is Tooke’s innovation. Pufendorf refers only to those subject to the “civil laws” (leges civiles), which he is here treating as supplementary to the natural laws dictating monogamous perpetual unions. We recall that by civil laws Pufendorf means the positive laws of a particular state—here, the laws prescribing the form of marriage ceremonies—which should accord with the end of natural law (social peace) but are not the same.
[*] Grotius de Jure Belli & Pacis, l. 2. c. 5. §1, &c.
[14.]Again, in Pufendorf this is “state” (civitas) and in Barbeyrac Sociétez Civiles.
[15.]Tooke’s “Members of a Community” evades the political force of Pufendorf’s original “who have submitted to the state” (qui in civitatem subierunt).
[16.]Again, Pufendorf’s term is “states” (civitates).
[*] Grotius de Jure Belli & Pacis. lib. 2. cap. 5. §27, &c.
[*] Grotius de Jure Belli & Pacis, lib. 3. cap. 14. §1, &c.
[18.]Originally: On the Impulsive Cause Constituting the State (civitas).
[19.]The infelicity of Tooke’s use of “community” for “state” becomes a particular problem from here on, as Pufendorf begins to contrast “primitive” communities (societas)—family, household, clan—with the state (civitas), whose appearance marks man’s transition from the natural to the civil condition.
[20.]Here begins Pufendorf’s important criticism of Aristotle’s conception of man as the political animal (zoon politikon). In treating man as a “rational and social animal” whose virtues can only be realized in the polis, Aristotle and his scholastic followers naturalize the state. For Pufendorf, however, the state is an artificial arrangement for preventing man’s mutual predation, which means that it is civil discipline rather than natural virtue that makes the good citizen.
[21.]Section IV following.
[22.]Section V below. Note Tooke’s interpolation of the republican formula “good Patriots.” This blunts the edge of Pufendorf’s original “good citizen” (bonus civis), which he used as a polemical redescription of Aristotle’s “Political Creatures” (animal politicum).
[23.]Section VI below.
[24.]Originally “citizen” (civis).
[25.]“True Patriot” is again Tooke’s innovation, intended to add some republican warmth to Pufendorf, who writes not of patriots and community but of citizens disciplined by the state.
[26.]I.e., is liable or subject.
[27.]Pufendorf uses “state” (civitas) throughout.
[28.]This is a central expression of Pufendorf’s secularization of political philosophy. By rejecting the Aristotelian conception of the state as nature’s vehicle for realizing human virtues, and by viewing it instead as a device for providing man with security against man, Pufendorf detaches the state from all transcendent moral and religious goals.
[29.]Once again we take note of the fact that, despite wishing them to be viewed as divine commands, Pufendorf denies natural laws all effective sanctions, until the advent of the state.
[30.]The condition of achieving collective security is thus that men give up their individual right to determine the best means of achieving security, which henceforth belongs to the sovereign or government of the state.
[31.]In other words, the individual or assembly that exercises sovereignty is regarded as “representing” the will of all only in the very limited sense that anything decided by the sovereign power pertaining to security will be deemed the will of all.
[32.]Tooke’s reluctance to transmit Pufendorf’s view of the state as the supreme and autonomous political entity is clear when we compare this sentence with Silverthorne’s accurate rendering: “Only when they have achieved a union of wills and forces is a multitude of men brought to life as a corporate body stronger than any other body, namely a state [civitas]” (Man & Citizen, p. 136).
[33.]“Constitution” is Tooke’s Whiggish innovation. In Pufendorf’s account, sovereignty is formed prior to the decree determining the form of government. This decree may take the form of a constitution—by including certain basic laws limiting the sovereign’s exercise of power—but it need not.
[34.]Originally: to become “fellow citizens” (concives).
[35.]Originally: is to remain outside the future “state” (civitas).
[36.]In viewing agency or personhood as an instituted office—rather than as flowing from a moral nature or essence—Pufendorf is able to treat the state as an independent “moral person,” bearing rights and duties irreducible to those of natural man.
[37.]This qualification is central to Pufendorf’s construction of the limits of sovereignty and the state. Given that the sovereign is a persona instituted for the sole purpose of maintaining security and social peace—“those Affairs which only relate to Government”—the state has no rights or powers in areas lying outside this domain; for example, in the areas of family life and religion, unless particular incidents should threaten social peace.
[38.]Here Tooke uses “Government” to translate Pufendorf’s phrase “sovereign power” (summum imperium), which Barbeyrac renders as Souveraineté. Given the centrality of the concept to Pufendorf’s construction of political authority, the fact that Tooke uses sovereignty (in its political sense) only twice in his entire translation is a good indication of the lexical and ideological changes made to Pufendorf’s absolutist vocabulary.
[*] That is to say, In such Matters as are neither commanded nor forbidden by any Divine Law, whether it be Natural or Revealed. See Law of Nature and Nations. Book VIII. Chap. I. §2, &c. [In this note (II.1, p. 284) Barbeyrac seeks to restrict the sovereign’s legislative power to matters left indifferent by divine law, natural and positive (adiaphora). Yet it is clear that Pufendorf intends that this power be broader, including in particular the right to determine which natural laws will be enacted as positive civil laws and which will be left as “imperfect” (moral) duties. It should also be noted that Pufendorf writes not of the sovereign’s right to determine the lawful in “any Public Society,” but only in the state (quid in civitate pro licito).]
[39.]I.e., on his behalf.
[*] Apolog. §6. Eris Scandica. P. 7, &c. See also the References at Lib. I. c. 4. §9.
[40.]Pufendorf’s doctrine of the regular state—in which all the rights and powers of sovereignty are held by a single authority—was directed against the conception of multiple authorities in the Aristotelian doctrine of the “mixed republic,” and against the reality of the German Empire, where lesser powers and estates claimed to exercise sovereignty rights on their own behalf. Pufendorf’s conception of the regular state was a blueprint for the sovereign territorial state.
[41.]Here Tooke uses “Government” to translate Pufendorf’s respublica. While accurate enough in itself, this leads to a degree of confusion in the present context, because of Tooke’s propensity to also use “government” to translate Pufendorf’s “state,” or civitas. The problem is that in this chapter Pufendorf draws a crucial distinction between state (civitas) and form of government (respublica), identifying the former with the principle of sovereignty—that is, the principle of a supreme unified political authority—and the latter with the three governmental forms (monarchical, aristocratic, democratic) in which sovereignty can be exercised.
[42.]One of the most distinctive features of Pufendorf’s construction of sovereignty and the state is that it is neutral between the three standard forms of government: monarchy, aristocracy, and democracy. In tying the legitimacy of sovereignty to the achievement of security and social peace—rather than to the representation of a prior moral will (God’s or the people’s)—Pufendorf can accept the legitimacy of all three forms of government, to the extent that each succeeds in exercising supreme political power in the interests of security.
[43.]Men of great talent.
[44.]Originally: respublica or “public administration” (government).
[45.]Originally: “state” or civitas.
[*] See L.= N.= N. l. 7. c. 5. §14, &c. Dissert. Accademic. de Rep. irregulari. p. 301. & in Append. ibid. p. §29. Eris Scandica. p. 176, 187.
[47.]Originally: “On the characteristics of civil authority” (De affectionibus imperii civilis). The central attributes of the sovereign authority are that it is supreme, unaccountable, above the law, and venerable.
[*] Grotius de Jure Belli & Pacis, lib. 1. cap. 3. §6, &c.
[†] This Restriction must be carefully observ’d; for tho’ in a limited Monarchy, the Sovereign can’t enact a Law without the Advice and Consent of his People represented in Parliament, yet notwithstanding, this Authority of the People is not equal, much less superiour, to that of the Prince: The Author’s Account of the Nature of supreme Authority is imperfect; it ought to have comprehended distinctly what is equally agreeable to a limited and to an Absolute Sovereignty. [Barbeyrac’s note (I.1, p. 298). In fact, Pufendorf discusses the distinction between absolute and limited sovereignty in sections V and VI. It is indeed difficult to see how a sovereign bound by basic (parliamentary) laws may be considered “supreme,” unless of course monarch and parliament are considered jointly to be the sovereign authority, or unless the monarch is given the sole capacity to judge when he is acting in accordance with these laws.]
[*] Grotius de Jure Belli & Pacis, l. 1. c. 3. §14. &c.
[48.]It remains ambiguous here whether Pufendorf regards the king or “the king in parliament” as sovereign. Note that “Representatives in Parliament” is Tooke’s Anglicization of Pufendorf’s “deputies in assembly” (deputatis in comitia convocatis).
[*] Grotius de Jure Belli & Pacis, l. 1. c. 3. §11. & l. 2. c. 7. §12.
[50.]The editors of the 1716/35 edition omitted the negative.
[*] Grotius de Jure Belli & Pacis, lib. 3. cap. 8.
[*] Grotius de Jure Belli & Pacis, Lib. 2. Cap. 7. §12, &c.
[†] Grotius de Jure Belli & Pacis, l. 2. c. 7. §12, &c.
[51.]The royal stock or lineage.
[52.]Pufendorf’s formulation is sharper and more “statist” than Tooke’s Whiggish rendering, as we can gather by comparing Silverthorne’s accurate translation of this sentence: “A clear account of the precepts that govern the office of the sovereign may be drawn from the nature and end of states and from consideration of the functions of sovereignty.” (Man & Citizen, p. 151)
[53.]Here Tooke fails to capture the meaning of Pufendorf’s original formulation, which is that rulers should cultivate the virtues required by large-scale administration (administratione maxime).
[54.]The original Latin formula—salus populi suprema lex est (the welfare of the people is the supreme law)—derives from classical Greek political thought. Pufendorf gives this traditional doctrine a new use by restricting the people’s welfare to their political security, setting aside all higher moral conceptions of the public good.
[*] See Dissertationes Academicae de Concord. Polit. cum Religione Christiana, Lib. II. Pag. 449. And also De Habitu Religionis Christianae ad Vitam Civilem: Especially Chapters 7, 47, 49. [The editors have added this footnote to two of Pufendorf’s larger discussions of the role of religion in civil life. At the center of these works lies Pufendorf’s insistence that because they serve different ends—security and salvation—the state and the church must not be combined to form a state church or a church state.]
[55.]Tooke’s use of “nation” corresponds to nothing in Pufendorf’s original passage, which speaks only of the “security of the citizens” (securitas civium). Tooke’s “nation” belongs with his earlier use of “true Patriot” as a republican euphemism for Pufendorf’s “good citizen.” The notion of the nation as the spiritual homeland of true patriots is fundamentally at odds with Pufendorf’s conception of the state as a territory governed by a sovereign authority in accordance with the end of security.
[56.]Having hit upon “nation” late in his translation, Tooke now proceeds to use it as one of the regular alternatives to Pufendorf’s “state” (civitas) and “government” (respublica). Tooke’s language thus becomes capable of insinuating a gap between the interests of the nation and those of the state or prince, in keeping with Whig politics but quite at odds with Pufendorf’s language and logic.
[57.]Tooke’s substitution of “nation” for Pufendorf’s “state” (civitas) and the “unity of the people” for Pufendorf’s “union of citizens” (unione civium) is indicative of the emergence of a political language quite incapable of carrying Pufendorf’s key distinctions between sovereignty and (form of ) government, state and society.
[58.]This warning principally concerned Catholic citizens, whose duties to a transterritorial religious and political power Pufendorf regarded as incompatible with their loyalty to the territorial state and its secular sovereign.
[59.]Tooke’s chapter heading is a circumlocution for Pufendorf’s “On the civil laws in particular” (De legibus civilibus in specie). Tooke has difficulty in rendering Pufendorf’s “civil law” in part because of the English identification of this with (continental) juscivile, and in part because the notion of laws deriving from the civil sovereign is foreign to the English tradition of “judge-made” common law.
[61.]For Pufendorf, the civil law thus agrees with the natural law in two distinct but related ways. First, there is a broad agreement between the two because the end of the natural law, sociable existence, is achieved most fully in the state governed by the laws of a civil sovereign. Second, there is the agreement arising from the fact that the stability and tranquillity of the state are enhanced if its citizens act in accordance with the natural law (of sociability). This means that natural laws pertaining to social peace can be enacted and enforced as civil law, thereby, in effect, closing the gap between natural and positive law. Pufendorf thus neutralizes the scholastic and religious uses of natural law as a moral weapon against the civil state: first, by identifying the end of natural law with the end of the civil state (security), and, second, by subordinating natural law to positive civil law. For Barbeyrac’s different view, see his two discourses in the appendix.
[62.]This restriction of political dissent to the domain of private opinion results from two central Pufendorfian doctrines: first, from the fact that, in order to achieve unity of political will, individuals have agreed that the government’s decisions will be deemed to be those of all, even if they are not; second, because only the civil sovereign (the government) has the right to translate the natural law into civil laws.
[*] This Distinction will by no means hold good; for if the Thing commanded by the Sovereign, be manifestly Criminal, Unjust, and Unrighteous, let it be commanded in what Way and Method it will, and inforced with the greatest Threats possible, it ought not to be comply’d with. See L. N. N. Lib. 1. Cap. 1. §24. [This shows the degree to which Pufendorf’s construction of the citizen’s civil duties separates these from the moral duties of the man and the Christian. Only the sovereign may determine whether his commands are in accord with the natural law, hence only the sovereign is responsible if they are not. Barbeyrac’s footnote IX.1, p. 322, presumes to the contrary that ultimate responsibility rests in the conscience of each individual.]
[*] Grotius de Jure Belli & Pacis, l. 2. c. 20, & 21.
[63.]Pufendorf advances a secular conception of punishment in which severity is tied to the state’s interest in social peace and hence to the deterrent effect of the punishment, rather than to the notion of exacting retribution for a breach of the moral order. This modern conception of punishment makes sense only in a desacralized political order where security has replaced religious morality as the objective of law and government.
[*] The Author here reasons on a false Hypothesis. He pretends, as is plain from what is here laid down, That no one can inflict any Punishment on another, unless he be his Superiour. Now in the State of Nature all are equal; and then all Natural Laws would be useless and insignificant, if a Power, in such Case, were no where lodged to punish those who violate them, either with Respect to any private Person, or to Mankind in general; the Preservation of which is the End of these Laws, to the Observation of which all Men stand under a common Obligation. In this independent State, every one has a Right to put these Laws in Execution, and to punish the Person who violates them. See L. N. N. Lib. 8. Chap. 3. §4. [In this note (V.1, p. 325) Barbeyrac rejects Pufendorf’s treatment of punishment as a right belonging solely to the civil state and its sovereign; for this is a further sign of Pufendorf’s tendency to collapse natural law into positive civil law. Conversely, by arguing that men possess the natural right to punish each other for breaches of the natural law in the state of nature, Barbeyrac maintains the theological view of punishment as retribution for breaches of the moral order—a view that permits individuals to punish a “tyrannical” sovereign.]
[64.]Liable or subject to.
[66.]Originally: “the safety of the state” (salus civitatis).
[67.]Following Barbeyrac, the editors have reversed the order of Pufendorf’s final two sections.
[68.]Tooke’s all-purpose use of community is again potentially misleading. Here Pufendorf is concerned not with the political community or state (civitas) but with the private corporation (universitas) and the degree of liability of its members.
[69.]Meaning “subordinated to.”
[70.]Originally: sovereigns have three kinds of right over the property of citizens, in accordance with the nature and purpose of the state.
[*] Grotius de Jure B. & P. L. 1. c. 1. §6. L. 2. c. 14. §7. L. 3. c. 19. §7. Junct. l. 3. c. 1. §15.
[*] Grotius de Jure Belli & Pacis, l. 1. c. 2.
[*] Grotius de Jure Belli & Pacis, l. 2. c. 1, &c. to l. 2. c. 23.
[†] Grotius de Jure Belli & Pacis, lib. 2. cap. 23, 24.
[‡] Grotius de Jure Belli & Pacis, lib. 2. c. 23. §12.
[§] Grotius, l. 2. c. 24. §4.
[‖] Grotius, l. 2. c. 1. §17. Cap. 22. §5.
[¶] Grotius de Jure Belli & Pacis, l. 3. c. 1. §6, &c.
[*] Grotius, l. 3. c. 4. §2. Cap. 11, 12, &c.
[71.]In conceiving of the enemy only as someone who threatens the rights of the territorial sovereign, hence as someone who need be harmed only to the extent that it is necessary to defend these rights, Pufendorf is reflecting the secularized conception of the enemy that arose following the Thirty Years’ War and the Peace of Westphalia (1648). The enemy was no longer a criminal or heretic on whom one waged war of annihilation, but a “just enemy” on whom one waged limited war in order to protect purely secular territorial rights.
[†] Grotius de Jure Belli & Pacis, l. 1. c. 3. §4.
[‡] Grotius, &c. l. 1. c. 3. §1.
[*] Grotius de Jure Belli & Pacis, l. 3. c. 2. §4.
[*] Grotius de Jure Belli & Pacis, l. 2. c. 25.
[†] Grotius de Jure Belli & Pacis, l. 3. c. 1, &c. c. 4. §15, &c.
[*] Grotius, l. 3. c. 6.
[†] Grotius de Jure Belli & Pacis, l. 3. c. 9. §13.
[72.]I.e., imperium or rule.
[‡] Grotius de Jure Belli & Pacis, l. 3. c. 7. &c. 15.
[*] Grotius de Jure Belli & Pacis, l. 3. c. 21. §1. &c.
[†] Grotius, l. 3. c. 20. §2, &c.
[73.]Pufendorf’s Latin term is foedera, which covers both treaties and alliances.
[*] Grotius de Jure Belli & Pacis, l. 2. c. 15.
[74.]Neither party is subordinate to the other.
[†] Grotius de Jure Belli & Pacis, l. 1. c. 3. §21.
[76.]In this chapter Tooke uses “commonwealth” rather than “community” to translate Pufendorf’s civitas.
In Pufendorf’s original text, as in Tooke’s first edition, this was section X. The English editors have followed Barbeyrac in their reordering of this and the following two sections, locating Pufendorf’s original section VIII (on the piety due to parents) as the present section IX, and Pufendorf’s original section IX (on education) as the present section X.
Unauthorized negotiations undertaken by lower officials. | <urn:uuid:92bac2f6-4573-4ac0-a369-6b50368af57a> | CC-MAIN-2013-20 | http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=888&chapter=66104&layout=html&Itemid=27 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368697974692/warc/CC-MAIN-20130516095254-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.95374 | 43,766 | 1.671875 | 2 |
TRIABUNNA-BASED Seafish Tasmania - the company bringing a controversial super trawler to Devonport - has received a $420,000 AusIndustry grant to produce the first Australian-made fish oil for human consumption.
Company director Gerry Geen said yesterday it planned to make refined oil produced out of Tasmanian salmon oil for pharmaceutical companies to make fish oil capsules, which would lead to another 12 jobs at Triabunna.
Seafish Tasmania was originally set up to fish for jack mackerel and diversified into processing by-products from Tasmanian salmon farming, investing millions of dollars into new fish-processing technology to make fish fertilisers and now the nation's first pharmaceutical-grade fish oil.
Mr Geen said the company would be making the pharmaceutical grade Omega 3 fish oil for capsules within three months and was doing further trials next week.
He said making the refined oil for fish oil capsules from Tasmanian salmon was a key marketing aspect of it.
"We are using the freshest possible product - the heads and frames of Tasmanian salmon filleted for human consumption - and processing them using enzymes to break it down into an orange-pinky-coloured oil."
Mr Geen said the company had taken over an under-utilised fishmeal plant at Triabunna four years ago and it had been an evolutionary process to get to this stage after investing in the research.
Meantime Seafish Tasmania has been the recipient of bad publicity in recent weeks over its plans to base a super trawler in Devonport that would fish in Commonwealth waters.
Mr Geen said it would create several new jobs in Devonport.
The 142 metre-long super trawler FV Margiris has been likened by Greens primary industries spokesman Kim Booth to a "giant ocean vacuum cleaner".
Mr Geen said he was not concerned about the possibility of protests in Devonport against the trawler, which he hoped would start fishing in August. | <urn:uuid:d8ac5c87-d1fe-4f6e-a11b-f1aa1d5bd2ea> | CC-MAIN-2013-20 | http://www.theadvocate.com.au/story/154628/420k-grant-for-seafish-to-create-aussie-fish-oil-first/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368707435344/warc/CC-MAIN-20130516123035-00011-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.964189 | 408 | 1.554688 | 2 |
Supreme Court Appoints Stanford Professor As Special Master
The Legal Times reported that the Supreme Court of the United States appointed Professor Barton H. "Buzz" Thompson, Jr. as Special Master in a water rights case:
The Supreme Court on Monday morning appointed Stanford Law School professor Barton "Buzz" Thompson to be special master in the case of Montana v. Wyoming, a water dispute over the Yellowstone River compact of 1950. Montana claims its upstream neighbor Wyoming is taking more than its fair share of water as spelled out in the compact.
Professor Pamela S. Karlan is quoted commenting on the appointment:
Stanford colleague Pamela Karlan said of Thompson on Monday, "He's smart, fair, and a good listener, so combined with his expertise in property, water law, and natural resources law, he's a natural for this kind of work." | <urn:uuid:cb62f672-ad29-464c-85de-2163f7ce0bf3> | CC-MAIN-2013-20 | http://www.law.stanford.edu/news/supreme-court-appoints-stanford-professor-as-special-master | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696383156/warc/CC-MAIN-20130516092623-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.95207 | 173 | 1.609375 | 2 |
Paranoid politics, which has flourished in the Obama era, can lead people in some strange directions. I can find no better example than this: Tomorrow, a large crowd of protesters mostly affiliated with the Oath Keepers, a network of ex- and current military and law enforcement formed amid the radical right-wing backlash to the Obama presidency, will rally outside a New Hampshire courtroom.
To get a newborn baby girl released to a couple in which the father is accused of a "lengthy history of domestic violence" that includes sworn allegations from a judge that the dad -- Johnathon Irish of Epsom, N.H. -- is "the main suspect" in bruises found in an older child that was recently taken from the mother of Irish's newborn daughter.
The civil rights plight of Johnathon Irish isn't exactly the Selma-to-Montgomery march, is it? But this bizarre story is a pretty good metaphor for the age of paranoia in our current 21st Century breakdown. The Oath Keepers, an organization that didn't exist when Obama became president in January 2009, has largely used the Internet to rapidly recruit thousands of new members -- there are currently 23,289 members in its Facebook group -- to a group whose main credo is promising NOT to do things that aren't going to happen anyway, conspiratorial ideas that are mostly bat-guano crazy. The Oath Keepers' list of 10 orders they won't obey includes, most famously, "We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps."
OK, so they won't do that, but they will march tomorrow to outside a Family Court hearing for an allegedly abusive father, in what ironically will be the most pro-active thing -- other perhaps than spearheading a pro-gun march on Washington earlier this year -- that the Oath Keepers have done in their 18 months of existence. It's appropriate, in a way, because their approach to the Johnathan Irish case is rooted in the same muddled and potentially dangerous thinking that leads them to believe that the federal government is about to round up law-abiding citizens into concentration camps.
Irish is a member of the Oath Keepers, and because the affidavit filed by child protective services officials in New Hampshire mentions that tie and mistakenly describes the group as "a militia" (more on that later), the Oath Keepers have labored to make the story a case of a baby taken from a couple because of the dad's politics. Nothing could be further from the truth -- the evidence is overwhelming that the girl was taken from Irish and the mother Stephanie Taylor at the hospital for the only reason that the government should take that extreme step: To ensure the safety of an otherwise helpless child.
According to the Concord Monitor newspaper, here's the primary reason the newborn was taken from the parents hours after she was born on Oct. 2:
[S]tate officials took the child because of Irish's long record of violence and abuse. According to the affidavit, a judge determined that Irish abused Taylor's two other children. She is still married to the father of those children, though Taylor said yesterday that her husband has refused to accept her divorce petition for the past two years.
The affidavit also says that the police in Rochester report a "lengthy history of domestic violence" between Taylor and Irish, and that she accused him of choking and hitting her on more than one occasion. According to the document, Irish failed to complete a domestic violence course as ordered by the state, and that a hearing was held last month to terminate Taylor's parental rights over her two older children.
But paranoid politics entered the fray because the affidavit also included this:
The affidavit also states that Irish is "associated with a militia known as the Oath Keepers and had purchased several different types of weapons including a rifle, handgun and Taser."
Soon, Oath Keepers were widely circulated a redacted version of the affidavit regarding the parents which included the reference to their group -- but omitted the more serious allegations against Irish. The word spread with a big assist from one of the biggest conspiracy-mongers in the talk radio universe, Texas-based and nationally syndicated Alex Jones. Now, the Oath Keepers' founder -- a former aide for Rep. Ron Paul's 2008 presidential campaign named Stewart Rhodes -- is using the controversy to rally the troops.
Frankly, it was arguably shoddy work by the New Hampshire authorities to reference the Oath Keepers, especially in the fashion that they did. I reported extensively on the group for a chapter in my recent book "The Backlash," and the Oath Keepers are certainly not "a militia" in that it doesn't carry out any kind of paramilitary training or drills; instead, it is a group that holds dangerous and delusional ideas about American politics, but ideas that are legal to express. As for Irish's weapons' purchases (A Taser? Really?), I think you could argue that these are relevant in connection with his other violent activities.
Most importantly, the references to the Oath Keepers and Irish's weapons are minor events in the context of his alleged violent behavior toward women and children. The Oath Keepers are not the reason the baby was taken from the couple. But what an apt metaphor for what the Oath Keepers and some of the more extreme right-wing groups that have risen up in the anti-Obama backlash are all about -- blind to the bigger picture of what is going on, focused on the small screen of disconnected conspiracies that plays into their misguided and apocalyptic view of America.
As the 1960s historian Richard Hofstadter wrote about the paranoid style in American politics, "[t]he paranoid spokesman sees the fate of conspiracy in apocalyptic terms -- he traffics in the birth and death of whole worlds, whole political orders, whole systems of human values. He is always manning the barricades of civilization."
It's just tragic when a baby girl gets caught behind those barricades. | <urn:uuid:b96d2962-3995-419c-bc51-b42c96b7992d> | CC-MAIN-2013-20 | http://mediamatters.org/blog/2010/10/13/alex-jones-pushing-bizarre-right-wing-campaign/171900 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368700958435/warc/CC-MAIN-20130516104238-00008-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.973042 | 1,210 | 1.53125 | 2 |
If the tradeoff is between malnutrition and starvation
Hungry people aren't picky
There are no No arguments yet
No links on the Yes side have been added yet
No links on the No side have been added yet
Cristina Dawson Nov 09, 2012
If someone is choosing between real hunger (not the kind us finance folks get 3 hours after our Starbucks Chai Latte and vegan muffin) and unhealthy food, I'd venture to guess that 100% of them will choose the unhealthy food. Of course it's better to provide healthy meals, but keeping people alive is better than allowing them to starve to death. Bloomberg enjoys overstepping his boundaries. I think that 50% of what he does is great, and the other 50% is his ego getting out of wack. He needs to remember that most people in the world don't shop at Whole Foods.
Ana Luisa Nov 20, 2012
If McDonald's was the only food option available, i would eat it. Though eventually the unhealthiness of this food would weaken my body, it would at least prolong death from starvation.
All Rights Reserved | <urn:uuid:5d1da119-9e60-4442-bd8f-9d329cf574c9> | CC-MAIN-2013-20 | http://the-counterpoint.com/discussion/1Q | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368703298047/warc/CC-MAIN-20130516112138-00008-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.969362 | 232 | 1.640625 | 2 |
When we read the Bible—if we read it well—we are never far from paradox. We are introduced to one in the opening act, just as God has set all the characters on the scene. We are informed that Adam and Eve, primordial man and woman, who have been culled from the newborn dust of the earth, have been made in the image of God.
They—and we, if we are brave enough to accept their legacy—were made to look like God. The form pleases God; He calls them very good.
You might recall a certain forbidden tree of knowledge of good and evil and perhaps a certain smooth-talking serpent. And his line, so enticing to Eve and the conspicuously mute Adam: “You will not surely die…for God knows that when you eat of it your eyes will be opened and you will be like God.”
Yes, you ought to take the tempter’s words with a grain or two of salt but still in this we hear from the outset a pretty clear definition of sin: striving to be like God.
There’s a nuance here that feels too arbitrary, too litigious for this huge story, like gumming up The Lord of the Rings with an Elvish verb declension chart. The story requires specificity and we clearly see the stakes are high, but we’re already off and running again with narrative.
The Bible, pre-Paul, seems almost joyously unconcerned with getting its theology laid out neatly.
But we are talking about writing and the act of creation. And still I’m sitting with my back against the forbidden tree, wondering if it is my God-given right to stretch out for the upper bounds of the human experience, or if this is my serpent-side building Babels again? (We diaspora Baptists have special clearance to mix our biblical metaphors, thank you very much.)
Every time I write, the question creeps in again: Is this hubris or is this human? Am I, as has been quoted so often to me, “adding to the available stock of reality” or am I merely enlarging my own little metaphysical plot of real estate in the universe, increasing the acceleration of my sphere’s gravitational pull, slowly drawing all things unto myself?
But I’m not offered answers—I’m not sure I’m listening anyway. I can’t quit creating, and I don’t have the time or inclination to trace my motivations to their source. There are some strings you just don’t pull.
Let’s go back to the garden and God scraping dust, marshaling dirt clods into livers, spleens and spines. He hovers over the provisional creatures as he hovered over the formless deep. And then he breathes. The breath of God rivering into all that matter, filling it with the nonspace of wind, of spirit. It was the moment of inspiration.
And we putter around our four score or so, filling our days with respiration, the again and again reminder that we are made of stuff and something else, the physicality of flesh and the ethereality of air.
To speak a word, even our most unimportant one, we draw that breath again. We are presented with the humbling truth that we are not the closed systems our staunch corporeal presence suggests, but are at every moment contingent on the negative space of our landscape.
But having hauled in all that foreign gas, we aren’t even halfway home to speech. That breath fills our lungs, excites the infinitesimal alveoli who barter for the oxygen. Those same lungs compress the air metered by our trachea, strumming our manipulated vocal chords and loosing into the mouth, the cathedral arch of our hard palate.
Our tongue thrashes, teeth reverberate and lips press and burst to release the music of our speech. Every word we speak is spirit borne wildly from our flesh.
Poem, from the greek poiema, means simply a thing that is made. From the verb to make or create. It refers most often to a simple thing, say a piece of pottery. Something made with mud, clay, water. Something made with the slap of palms and sweat of brow. Something set to dry in the sun, becoming as solid and final as it is delicate and dependent on the care of everything around it.
What keeps me from resignation is a dogged faith in the material of language.
While we’re at it, let’s call our work what it is—recreation. As we write, we redeem what is around us by articulating undiscovered combinations—metaphors, images, wordplay. The writer’s craft is to see creation precisely as it is, but present it as new to an audience often inoculated to the curious splendor of stuff. We are creating again.
There may be a time when I am able to slice more exactly the moral nature of my impulses toward this recreation, when I can know if I am living as the image of God or if I am nibbling forbidden fruit hoping to take God’s place.
In the here and now, I’m left only with the simple joy of utterance, of finding the creation I’m capable of (language) and uniting it with the creation only God can tackle.
I’m left in childlike delight at the eclipse, the fleeting, perfect alignment of word to thing, when, as B.H. Fairchild puts it in his poem “What He Said”:
the white dove of genius
with its quick, wild wings has entered our souls,
our immaculate ignorance…
…And so is conceived and born
the thing said, finally, well nay perfectly
To write is to trust the stuff of us, even after Eden, and wait for that lucky wind to full our lungs. It’s to take—with our meager ration of gratitude—our given breath and make of it what we might, which is to say a tiny glory.
Kolby Kerr lives with his wife and son in the great state of Texas. He is a poet, Texas Rangers fan, and a high school teacher. | <urn:uuid:c1e9a4bb-2630-4d7f-ac47-215531ec0918> | CC-MAIN-2013-20 | http://rcgale.com/tag/poet/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702810651/warc/CC-MAIN-20130516111330-00005-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.946061 | 1,316 | 1.679688 | 2 |
Do any of you watch the Biggest Loser? My wife loves it, so I watch it. I think it’s great that people lose all that weight, but in my professional opinion it’s too fast and that’s why so many contestants gain the weight right back. Anyway, this article is not about the show, but about a gadget used on the show—the bodybugg.
The bodybugg is the armband contestants wear to track calories burned and the number of steps they take. It’s sold through 24 hour fitness.
The same company, Body Media, also sells the Go Wear Fit, which tracks the same things that the bodybugg does, and the number of hours you sleep. Sleep isn’t always mentioned in diet books but it’s helpful in weight loss. Most people eat more and exercise less when they are fatigued.
I decided to test this technology out for myself, and I have to admit wearing the armband became an obsession. I tracked everything. How many calories did I burn sitting at my desk for an hour? 97. During my lunch workout? 256. Arguing with my wife, 300 calories! It was almost worth it.
You’re probably wondering how this all works. Science, is the answer. Inside the armband are several different instruments that measure body temperature, movement and steps. It’s not 100% accurate, but it’s close. The unit has actually been used for years in a clinical setting. Many doctors that perform gastric bypass surgery have their clients use the armband and review the results with the patient. Tracking activity level and sleep is step one in successful weight loss.
Step two of losing weight is tracking calorie intake. The Go Wear Fit user can track his or her calorie intake by logging meals into the software. If the food item is not in the database it can be added. (This happens often with all calorie counters.) After entering in meals, the Go Wear Fit shows calorie intake, a breakdown of proteins, fats, carbohydrates as well as sodium, potassium and other nutritional information. Once calorie intake is calculated, it’s a simple subtraction problem. If you burn more calories than you eat, you lose weight. If you eat more than you burn, you gain weight.
The Go Wear Fit is a great tool if you’re trying to lose weight or gain weight. But wearing the armband alone will not make the pounds disappear. You have to consistently look at the numbers and make lifestyle adjustments for it to work. I would recommend this tool to athletes that have to be at a certain playing weight and to overweight individuals. For the average Joe trying to cut a few pounds, I’d recommend just eating more veggies, less sugary snacks and exercising consistently five times a week.
If you have used the Fitbit, a competitor to Go Wear Fit, let me know how it went. If you would like information on ordering the Go Wear Fit, send me a note and I will point you in the right direction. | <urn:uuid:a3cdd1ca-5b4d-44e6-b09d-37c1f6175f88> | CC-MAIN-2013-20 | http://www.oychicago.com/blog.aspx?id=3556&blogid=142&blogid=142 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368706499548/warc/CC-MAIN-20130516121459-00002-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.956481 | 638 | 1.640625 | 2 |
Hud (1963) Pages: (1)
Hud (1963) is the story of the title character - a young Texas rancher named Hud Bannon (Paul Newman), the son of moral patriarch, law-abiding cattleman Homer Bannon (Melvyn Douglas) in modern day Texas.The Story
Hud is an anti-hero, selfish, cocky, amoral, unscrupulous, crude, hard-drinking, irresponsible, hedonistic, and known as a "Cadillac cowboy." He conspicuously parks his pink convertible outside homes of married women. Hud is known to say:
The only question I ever ask any woman is, 'What time is your husband coming home?'
Hud believes that if "...you don't look out for yourself, the only helping hand you'll ever get is when they lower the box."
He and his rigid father clash over the fate of his father's hoof-and-mouth diseased cattle on their Texas ranch. Hud wants to sell them before they can be condemned by government inspectors: "You gonna let them shoot your cows out from under you on account of a schoolbook disease?" Homer rejects selling them: "That would run the risk of starting an epidemic." Hud replies:
Why this whole country is run on epidemics...Where you been? Big business, price-fixing, crooked TV shows, income tax finagling, souped-up expense accounts. How many honest men do you know? Why you separate the saints from the sinners, you're lucky to wind up with Abraham Lincoln. Now I want out of this spread what I put into it, and I say let us dip our bread into some of that gravy while it is still hot.
His father responds: "You're an unprincipled man, Hud." The cattle are slaughtered, in the film's most harrowing sequence, as Homer remarks: "It don't take long to kill things, not like it takes to grow."
Homer criticizes Hud's entire philosophy of life in a climactic memorable scene:
You don't give a damn...You don't value nothing. You don't respect nothing...You live just for yourself. And that makes you not fit to live with.
In the well-acted, authentic-feeling story, Hud also develops a relationship with his innocent, idol-worshipping, adoring, 17-year-old nephew, Lon Bannon (Brandon de Wilde), who must choose between Hud's and Homer's lifestyles. Hud sets a bad example for his young nephew. But when Lon defends Hud in a talk with Homer, the old man delivers the famous line:
Little by little the look of the country changes because of the men we admire...You're just going to have to make up your own mind one day about what's right and wrong.
The earthy, warm-hearted housekeeper Alma Brown (Patricia Neal) is almost raped one night when Hud is uncontrollably drunk. When she confesses that he might have eventually made love to her without brutal force, he shrugs:
I'll remember you, honey. You're the one that got away.
Sadly, Hud also shows little respect and compassion for his father, even when he suffers a fatal heart attack.
Both Alma and Lon depart from Hud in disgust, leaving him alone on the ranch. Hud shouts to his departing nephew in the final line:
...This world is so full of crap, a man's gonna get into it sooner or later whether he's careful or not.
Also Worth Your Attention...
AMC Filmcritic's Review of Hud | <urn:uuid:7338a598-2def-476c-b37e-c4d4455c4595> | CC-MAIN-2013-20 | http://www.filmsite.org/hud.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696383156/warc/CC-MAIN-20130516092623-00016-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.957457 | 744 | 1.835938 | 2 |
The Mac Dilemma: Low Cost and Limited Expansion or High Cost with Great Upgrade Potential?
The topic of upgrading older Macs has come up again recently (see Adding an Intel Mac mini Can Be Cheaper than Upgrading a Power Mac G4!). With Apple's current, more consumer-oriented offerings that lean toward lower prices, the argument for buying new is very strong - especially in light of to the relative un-upgradability of Apple's recent past offerings.
Performa vs. Power Mac
In the mid to late 1990s, Apple had a reasonable hierarchy of models, as complex as the naming of them was. The Performa 5x00 and 6x00 series were consumer multimedia desktops that shipped with bundled software and often bundled hardware (like a TV tuner card, something you can't get built into any current Mac).
The Power Mac 7x00 series were professional desktops designed for a business environment. The 8x00 series were midrange minitowers that allowed for a decent amount of upgradability and were typically used in businesses and offices. And the 9x00 series were the graphics powerhouses; no design firm in the 90s was complete without one.
While the 5200s and 6200s had limited upgradability because they were based on older motherboards designed for pre-PowerPC Macs, the 5300-5500 and 6300-6500 were extremely upgradable with CPU upgrades and PCI cards - just like the Power Mac models. Perhaps the most significant limitation of these models was memory: It could only be upgraded to 136 MB on models that came with 16 MB on the motherboard - and 128 MB on those that had no built-in RAM. These were some of the last desktop Macs to come with RAM onboard.
The Power Mac models were highly sought-after for quite some time due to their ability to accept daughtercards for fast 604e, G3, and G4 processors. With XPostFacto, these machines could be made to run OS X, and with a G3 or G4 upgrade, they generally ran it fairly well.
In 1997, the Power Mac G3 replaced the 7x00, 8x00, and 9x00. It was available in both desktop and a tower configurations that allowed for expandability and upgradability with their PC66 RAM slots, ZIF CPU socket, and three PCI slots. They were also the first top-end Macs to include IDE hard drive support.
Enter the G3
I've owned both a desktop 233 MHz G3 and a minitower 266 MHz G3, and I was impressed at the expansion capabilities of both. The audio Personality Card could be removed and replaced with one that allowed a composite video (as used by a TV) to be connected to the computer.
In 1999, the blue and white G3 (code name: Yosemite) was released. This is still one of my favourite Macs, if for no other reason than the design of the case. The side could fold down like a drawbridge for easy access to all of the components inside - try finding a PC like that in 1999!
There were four RAM slots that held PC100 RAM and four hard drive bays - plus one for an optional Zip drive (which mine had, although I never used it). The processor used the same easily upgradeable ZIF socket as the beige G3s, and G4 upgrades were readily available. By the time I finished with mine, which ran at 300 MHz, had 320 MB of RAM and a 40 GB hard drive, and was running Mac OS X 10.3. While not particularly fast, it was very solid and reliable.
But it was slow. I could have improved the speed with a 500-800 MHz G4 upgrade, but I'd still have only 320 MB of RAM, a 40 GB hard drive, and ancient ATA/66 hard drive controller (there was a bug with the ATA/100 controller that caused problems with some drives over 20 GB - using that controller for the CD-ROM and the AT/66 controller for the hard drive was the workaround), not to mention the 16 MB video card.
I could have easily put $500 into upgrading it and come out with a machine not much better than a used G4. Given that the computer's original price was $1,600 and that it had lasted five years with relatively few upgrades, it was time for something newer.
Power Mac G5
The dual 1.8 GHz Power Mac G5 that I purchased in the summer of 2005 (see Moving Up from a 350 MHz Power Mac G3 to a Dual 1.8 GHz Power Mac G5) is what I would call a marvel of industrial design. It looks fantastic from any angle - even the rear and the interior. It's solid, heavy, and genuinely feels like it was worth the price I paid. Performance is also what I paid for, and it hasn't disappointed there. It's every bit as fast currently as it was when I purchased it 18 months ago.
Unfortunately, upgradability was not an added bonus.
While the G5 does have a SATA drive controller onboard, it only has two hard drive bays. I currently have two internal hard drives, and I plan on adding a third. Well, I would have planned on adding a third if I could have - instead it looks like I'll have to spend more money in order to replace one of the drives already in the machine (I routinely bring the machine from school in Montreal to the family home in Connecticut, so an external drive isn't a good solution).
RAM is slightly less expandable and a bit less simple than in the G3 and G4 Macs before it. I have to upgrade RAM in pairs, and the machine can hold a maximum of 4 GB. Considering that when I purchased the machine I installed an additional 1 GB beyond the 256 MB that it came with and thus started out with 1.25 GB, 4 GB doesn't seem like a lot.
Then there are the processors. It's stuck as a dual 1.8 GHz G5 forever, especially now that Apple's switched to Intel chips (which, interestingly enough, allow for a lot more upgradability).
Intel Macs More Upgradable
For the roughly $2,000 that I spent for this system and a 19" LCD in 2005, I could now have a very nice Intel Core 2-based 20" iMac - and with the iMac there's the option of a processor upgrade in the future. In fact, you can upgrade the CPU in all Intel-based desktop Macs.
Sadly, these days most consumers don't want a nice, expandable desktop or minitower that they can upgrade a few times before they finally replace it. Ask most people how much RAM or what size hard drive is in their machine, and they'll probably tell you they have no idea and don't really care. If the machine's too slow, they'll buy a new one.
Apple's figured this out and has been doing well with the Mac mini and iMac. Its current offerings are user-friendly, look pleasing, and generally tend to work well, but these consumer Macs don't offer the raw expandability of the 7x00-9x00 models or G3 and G4 Power Macs.
Upgrade or Replace?
If your machine is just running out of hard drive space, a new hard drive is a relatively basic upgrade - and fairly inexpensive, too. RAM upgrades are again easy and a good way to improve system performance. Unfortunately, if you've got a Power Mac G5 or a G4-based laptop, your options for upgrading the processor are almost nonexistent.
If your tasks are relatively basic, a Mac mini is an excellent option if you've already got a display, keyboard, and mouse. For $599, it doesn't really matter if you use it for more than a couple years.
If you don't have existing peripherals (or plan to keep them with an older system), you might consider a refurbished MacBook. The online Apple Store occasionally offers deals on refurb models, and buying a refurb MacBook for under $1,000 gives you not only the keyboard and mouse, but the mobility option. If nothing else, it's an excellent way to gain more space on your desk - just pick up the computer and put it somewhere else.
Sadly, upgrading isn't what it was ten years ago. The options for upgrading Macs are fewer, and the incentives for buying new are too good. But don't throw out your old system - if it works well for you, you don't need to change anything.
Recent Apple Archive articles
- iPods, notebooks, and other modern electronics more readily replaced than repaired, 2007.12.07. Whether it's an intermittent failure or a broken display cable, more often than not it's cheaper to replace a broken electronics device than repair it.
- Options for replacing your older iPod, 2007.11.19. Whether you've run out of space on your old iPod or want features it doesn't have, here are your options in new and used iPods.
- Could the $200 'green' PC with gOS Linux become a threat to Apple?, 2007.11.14. The low cost, low power Everex desktop comes with a customized version of Ubuntu Linux, has a Mac-like Dock, and sells for $400 less than the Mac mini.
- More in the Apple Archive index.
Links for the Day
- Mac of the Day: PowerBook 5300, introduced 1995.08.25. The first PowerPC PowerBook - known for flaming performance.
- June 19 in LEM history: 00: Mac software not 'as pathetic as it could be' - 01: Hate Windows? Get a Mac - Little payments, big business - 02: Undoing years of Mac evangelism? - 03: Back on the low-end TiBook - 06: Pimping my PowerBook G4 - 07: Safari for Windows not a slam dunk success - 08: What about the iPod touch? - Falling for the Sony Alpha α200
- Support Low End Mac
Recent Content on Low End Mac
- World Book Encyclopedia 2012 DVD, Tommy Thomas, Reviews, 2013.03.05. "You may be asking yourself, in an age of Wikipedia and instant information, is World Book still relevant?"
- Vintage Computer Festival SouthEast, April 20-21, 2013, Simon Royal, Mac Spectrum, 2013.02.25. Old Apple gear and old PCs.
- iMessage: The Ultimate Messaging Service?, Simon Royal, Mac Spectrum, 2013.02.21. In most ways, Apple's iMessage is far superior to BlackBerry Messenger.
- More links in our archive.
- Best Mac mini Deals
- Best 13" MacBook Pro Deals
- Best Intel iMac Deals
- Best iPod touch Deals
- Best iPhone Deals
- Best iPod nano Deals
- Best iPod classic Deals
- Best Apple TV Prices
- More deals in our archive.
Low End Mac Reader Specials
Cult of Mac
Shrine of Apple
The Mac Observer
Accelerate Your Mac
The Vintage Mac Museum
Mac Driver Museum
System 6 Heaven
System 7 Today
the pickle's Low-End Mac FAQ | <urn:uuid:afc96f46-6de1-453b-b520-b9c027be1fb0> | CC-MAIN-2013-20 | http://www.lowendmac.com/archive/07/0220.html | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368710006682/warc/CC-MAIN-20130516131326-00006-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.956889 | 2,341 | 1.648438 | 2 |
Gays of Our Lives
Gays of Our Lives
There are so many things wrong with this story.
On October 11th a photograph was transmitted by the Associated Press that featured a bomb on he deck on the USS Enterprise flight deck stationed in the Arabian Sea. An unidentified sailor had scribbled graffito on the bomb that read: "HIGH JACK THIS FAGS."
Within hours Gand Lesbian Alliance Against Defamation (GLAAD) issued a statement as did several Gay and Lesbian anti-Violence groups throughout the country. They complained that without correct context the use of the word "FAGS" was an anti-gay slur.
The Associated Press immediately pulled the photo and Jack Stokes, the AP spokesperson apologized "The picture never should have gotten through, and nobody should have seen it."
He further explained that the photographer aboard the Enterprise, Jockel Finck, "is not American, and that [epithet] meant nothing to him. The process just didn't work the way it should have. When there is an offensive slur in a photograph, we do not allow it on the wire – unless it's germane to the story, which this wasn't."
Even the Navy explained, not-quite apologizing. Navy Rear Adm. Stephen Pietropaoli claimed that orders have been given to the crew of the Enterprise to edit "the spontaneous acts of penmanship by our sailors.
We've gotten word to our commanders saying, 'That's not up to our standards, guys.' We want to keep the messages positive. Most of what gets written on them is – they'll write things like FDNY or I (Heart) NY. That's more keeping in line with what we want to do."
While it was wrong that the message was written, and wrong that AP sent it out with editing or context, and certainly bizarrely wrong that the Navy actually publicly claim that they want "to keep the messages positive" – a statement that feels like it must have been cut from an early draft of *Catch 22* for being too obviously ironic – the most dismaying aspects of this story are the responses of the gay rights groups.
GLAAD was partially right in their claiming that the photo should have been contextualized, not censored, because "It reveals too much about both our popular and military cultures and attitudes. By pulling the photo rather than exploring its content and context, the AP sends the message that anti-gay bias should be swept under the rug, not exposed and confronted."
But it is incredible that they never discussed that the offensive graffito was written on a bomb.
Even more incredible was a similar, if less thoughtful, statement from Richard Haymes, Executive Director of the New York City Gay & Lesbian Anti-Violence Project, and board member of the National Coalition of Anti-Violence Programs:
"We have seen an Associated Press photograph of a bomb being loaded onto the USS Enterprise, one of the ships involved in the current U.S. attacks in Afghanistan. In the photo, graffiti written on the bomb, apparently destined for an Afghan target, is appalling. The warhead is scrawled with the message "Hijack (sic) this Fags." The U.S. Navy must address this very serious and dangerous demonstration of homophobia. It's not enough to excuse this because of the heightened crisis facing the country. Homophobia is wrong during war or during peace,"
Well, homophobia may be wrong, but obviously dropping bombs is OK. Haymes, and other gay anti-violence groups who put out a similar statement might spend more time thinking globally rather then locally. But the inanity (insanity) of a gay anti-violence group tacitly approving of the bombing went almost entirely unmentioned in the gay or mainstream media.
Most of the coverage of the events of and after September 11th in the gay press focused upon gay men and lesbians who died at the World Trade Center such as Mychal Judge, Chaplin for the New York City Dire Department, or Mark Bingham, one of the men who struggled with the hijackers on United Flight 93 that crashed in Pennsylvania.
Of course stories of gay heros and gay victims are heartwarming and not at all controversial. And most of the gay and lesbian civil rights groups have no particular "gay take" on the new international situation in which we now find ourselves.
Most, in fact, are happy to use the situation to promote a "don't worry be happy" vision of all-inclusive national unity. On October 6, at a high-end fund-raising dinner Elizabeth Birch, Executive Director of the Human Rights Campaign, stated to the lets-feel-good crowd "In an instant, America became whole. The flames of terror forged our hearts together and vaporized the differences between us."
While the the National Gay and Lesbian Task Force made a joint statement with ACLU, NAACP and other civil liberties, civil rights, ethnic, religious, privacy, and watchdog groups from the entire political spectrum – "In Defense of Freedom" – that stated in part that "compromising the civil liberties that are the basis of our free society will only compound the tragedy of last week" and adding that "a more considered approach, including appropriate public debate and scrutiny, to ensure that the legislation does not weaken the fabric of our long-standing personal freedoms."
With one exception gay and lesbian political or social action groups have been silent on the issues.
The one exception is the International Gay and Lesbian Human Rights Commission, based in San Francisco, which has condemned the bombing as well as all U.S. militarism in response to September 11th.
It is no accident that one of the only gay and lesbian groups to make a public statement on the U.S. actions in Afghanistan this is international in its mandate and scope, for by and large the gay movement in the United States is intensely parochial, nationalist, and narrowly focused in both its goals and its vision.
It took decades of more progressive members of the community to even get the mainstream groups to even address questions of race; almost none, even now, will ever raise issues of class.
At its inception in 1969 the gay liberation movement was primarily a human rights movement, committed to a wide range of issues and peoples. As it become, in short time, a more narrowly focused "civil rights" project it dropped most every connection it had with a broader human rights, or internationalist, agenda.
Now its main concerns are gay marriage, hate crime legislation, and gays in the military. It is in this context that complaining about the grafitto on bombs, and not bombs themselves, is not only possible but logical. | <urn:uuid:241c42bf-9083-432c-8796-8578b5d58dc0> | CC-MAIN-2013-20 | http://www.zcommunications.org/gays-of-our-lives-by-michael-bronski-1 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696381249/warc/CC-MAIN-20130516092621-00004-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.965313 | 1,394 | 1.523438 | 2 |
U.S. automakers scaled back their incentive programs in July yet still were able to post a 2.6 percent increase in new-car sales to 602,546 units.
Analysts said a realization that 1989 model prices this fall will increase an average of 3 percent, or by more than $400 per unit, prompted consumers to buy, despite the fact most rebates have been slashed by $100 since June.
Growing shortages of the most popular cars, a situation expected to get even worse as the end of the model year approaches, also were said to motivate buyers.
Imports, meanwhile, continued to suffer the effects of price increases brought on by the rising value of the Japanese yen and European currencies against the U.S. dollar. Sales were off 18 percent in July, to 257,200 units from 310,800 a year earlier.
Among the major domestics, General Motors Corp. sales were off 3 percent in July, to 288,317 units, while Ford Motor Co. sales rose 6 percent, to 181,332 units, and Chrysler Corp. sales were up 14 percent, to 84,154 units.
On an annual basis, domestic new-car sales in July ran at a 7.6 million rate, up slightly from 7.5 million a year earlier.
Among the major Japanese imports, Toyota Motor Sales U.S.A sales rose 11.7 percent, to 59,602 units, while Honda Motor Corp. sales fell 5 percent, to 35,042.
Nissan Motor Manufacturing U.S.A. sales were off 22 percent, to 27,246, and Mazda Motor Corp. slipped 5 percent, to 19,078.
In July, imports accounted for 29.9 percent of industry sales, down from a 33.1 percent a year earlier.
For the calendar year to date, domestic automakers have sold 4.59 million new cars, up 8 percent from 4.24 million in the year-earlier period.
GM sales are 4 percent ahead of a year ago at 2.2 million units, up from 2.1 million last year; Ford sales are up 8 percent, to 1.3 million from 1.2 million; and Chrysler sales are 14 percent ahead, at 658,763 from 576,355.
Among the major Japanese imports, Toyota sales for the year to date were up 16 percent, to 343,080 units from 296,062 a year ago. Honda climbed into the No. 2 spot among Japanese imports ahead of Nissan even though sales were off less than 1 percent, to 217,607 units from 219,237.
Nissan sales were down 12.3 percent, to 215,683 from 246,131, while Mazda sales were up 23 percent, to 135,224 from 109,609. | <urn:uuid:b4279809-2eb4-4ec6-978f-95c913ff6a79> | CC-MAIN-2013-20 | http://articles.chicagotribune.com/1988-08-04/business/8801200437_1_gm-sales-mazda-sales-ford-sales | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698207393/warc/CC-MAIN-20130516095647-00012-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.96665 | 573 | 1.601563 | 2 |
There will be one performance at the Port Angeles High School auditorium at 7:30 p.m. Friday, Feb. 13.
With a big-band orchestra, singers and swing dancers, "In The Mood," is a 1940s musical that brings to the stage the music that moved a nation's spirit and helped win a war.
All America was listening and dancing to the music of Glenn Miller, Tommy Dorsey, Artie Shaw, Benny Goodman, Harry James, Erskin Hawkins, The Andrews Sisters, Frank Sinatra and other greats of the 1940s.
An on-stage company of 19 is joined by the String of Pearls big-band orchestra.
Tickets are available at Pacific Mist Books in Sequim and Northwest Fudge and Confections in Port Angeles, by calling 452-8299, or online at www.nwperformingarts.com.
"In The Mood" takes a look at the life and time when up-tempo big-band rhythms and mellow intimate ballads inspired America with a vision for the future filled with hope, promise and prosperity.
The National Archives in Washington, D.C., brought "In The Mood" to its audiences as part of the commemoration of the 50th anniversary of World War II.
The response was extraordinary, with crowds lining up for hours before curtain time. The engagement was extended twice.
In 1993, the archives presented a repeat performance, outdoors on Constitution Avenue. Thousands attended, and many stayed to dance the night away.
As a result, "In The Mood," in affiliation with the USO, began a series of tours that played to audiences across the United States during the 50th commemoration of World War II.
The show's association with the National Archives and the USO was appropriate for much of the research for the show was from resources of these national organizations.
"In The Mood" has visited Europe and in 1997, the band and singers were selected to be part of the entertainment for the 53rd presidential inauguration ball. "In The Mood" was conceived and created by Washington, D.C., musical producer Bud Forrest.
What: "In The Mood," 1940s big-band, swing dance musical
When: 7:30 p.m. Friday, Feb. 13
Where: Port Angeles High School auditorium, 304 E. Park Ave.
The Sequim Gazette is located at 147 W. Washington Street in Sequim.
Business hours are Monday through Friday from 8:30 a.m. to 5:00 p.m. Phone 360-683-3311, or toll free at 800-829-5810. FAX 360-683-6670.
For a complete company directory with contact information please click HERE. | <urn:uuid:7762cfa3-5ac6-4cca-a5a9-e12de855fe6a> | CC-MAIN-2013-20 | http://www.sequimgazette.com/news/article.exm/2009-02-11_mood_musical_to_recreate_1940s | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368703298047/warc/CC-MAIN-20130516112138-00019-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.939842 | 568 | 1.53125 | 2 |
I had never heard of a lemon cucumber before, let alone seen one, so when our neighbor gave us a few from their garden along with a bushel of tomatoes, it took me a couple of days to figure out what the heck to do with them. The first thing I did was cut one open and taste it. Observation number one, there ain’t much too ‘em. By the time you gut the seed section, you are left with about a quarter inch of “meat”. I then tried peeling it with a paring knife which gave me the feeling I was about to lose a limb so I decided it was time to look it up on the interweb.
I started by searching for yellow cucumber and eventually stumbled upon what they actually were, lemon cucumbers. Turns out, you can eat them with the skin on; although, that seemed a little odd since they have little prickly parts to them. That didn’t sound too appetizing so I pressed on. Searching a bit more, I found a recipe for stuffing them which is when the light bulb went off: cucumber + tomatoes = GAZPACHO! Eureka.
To me, gazpacho is one of those un-recipes, similar to how I feel about chimichurri. Go through your kitchen and see what you have and throw it in a blender in whatever quantities make sense. Basics should include tomato, cucumber, garlic, onion, olive oil, salt, & pepper. From there, feel free to go crazy with basil, cilantro (careful not to make salsa), bread, peppers, vinegar, etc. In this case, I used a regular green cucumber along with the tomatoes from our neighbors garden, the other staples, and bread – put it all in the magic bullet – and voila, GAZPACHO! Scrape off the spikes and hollow out the lemon cucumbers then pour the cold soup in, top with a little Hawaiian black sea salt for effect, and serve chilled.
As you eat the gazpacho, you can scrape out the meat of the lemon cucumber which adds a nice lemony zest to the soup. Or, if you are a Neanderthal like me, you hold the cucumber like a cup and drink from it, taking bites out of the “bowl” as though it were an ice cream cone. Either way, it makes for a perfect small, cool appetizer on a warm summer evening while you are waiting for the grill to finish up. | <urn:uuid:6f51dddb-265f-49a0-8e23-52fced374636> | CC-MAIN-2013-20 | http://kalenkimm.wordpress.com/2012/10/07/what-to-do-with-a-lemon-cucumber/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698924319/warc/CC-MAIN-20130516100844-00010-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.967304 | 528 | 1.5625 | 2 |
Table of contents for The Re-Education of Me
- The Re-education of Me: Journalism, Diversity and Computing
- The Re-Education of Me: Prelude to My Sabbatical
- “What we investigate is linked to who we are”
- Mrs. Jefferson’s “Sympathetic Touch” Meets Mrs. Masterman’s Philanthropy
- The Me Nobody Knew Then
- Discovering Masterman, Discovering Myself
- The Electronic Music Lab at Masterman School – An Adventure in Mathetics and Pedagogy
- Sidebar: Learning about learning – a conversation with Deborah Tatar
- The Interactive Journalism Institute for Middle Schoolers and the Quest for Computing Diversity
- Sidebar: How Kevin Brooks Found the Common Ground Between Writing and Computer Science
- Sidebar: The making of young entrepreneurs: Li’l Tech Pro and Baby Billionaire
“There are, at least, two approaches to education: the mimetic approach and the mathetic approach. The mimetic approach emphasizes memorization and drill exercises and is most efficient in inculcating facts and developing basic skills [Gar89, p. 6]. The mathetic approach stresses learning by doing and self exploration; it encourages independent and creative thinking [Pap80, p. 120]. In the mimetic framework, creativity comes after the mastery of basic skills. On the other hand, proponents of the mathetic school believe that self discovery is the best, if not the only, way to learn…”
Sugih Jamin, Associate Professor, EECS, University of Michigan
“Music educators can no longer ignore the possibilities afforded by computers and the related fields of science and mathematics.” With those words, Virginia Hagemann threw down the gauntlet to her colleagues in a 1968 essay for the Music Education Journal. It was the first of two articles she would write about the electronic music laboratory that she created at the JR Masterman Laboratory and Demonstration School in Philadelphia in the late 1960s.
I was a participant in that lab, and as I read Ms. Hagemann’s essays, I was struck by the parallels between her arguments for the effectiveness of electronic music and a tool for expanding the horizons of secondary school students, and the research and findings from the Interactive Journalism Institute for Middle Schoolers, a National Science Foundation-funded project for which I served as a co-principal investigator. Like Ms. Hagemann, we found that given the opportunity to make media, young people can produce artifacts that reflect fairly sophisticated concepts. We also concluded that professional development that empowers teachers is central to successful curricular innovation. Ms. Hagemann also learned serendipitously that a budding media maker is capable of becoming a technology innovator.
In this essay, I want to place Hagemaan’s action research alongside the work of Seymour Papert and his intellectual descendants to turn computers into learning tools for children. While Hagemann was developing her ideas about electronics as a vehicle for musical composition and education, Papert and his colleagues at MIT were creating the LOGO programming language as a tool to help children construct their own knowledge about the world. With this foundation, he reasoned that teachers could then support students in moving to more formal understandings of concepts in mathematics, physics and other subjects that are generally considered abstract and difficult to learn.
Research shows that music education can be a wonderful foundation for teaching mathematics and by extension, computing.(Research on music and learning) The reasons are not hard to understand: both require that information be organized in certain structures. Pattern recognition is integral to both fields. Both have formal and informal “languages.” One can draw analogies between their elements – bits and bytes of computing and the diatonic scale in Western music, for example. Music has its own versions of computing’s “if-then” statements, loops, strings, recursion, modularization and other fundamentals. Both are fundamentally mathematical, although not necessarily in a “school math” kind of way. Looking back, I can see how many of these concepts were embedded in the work we did in Ms. Hagemann’s electronic music class.
For the sake of context, I should mention that I also had traditional classes in basic music appreciation and theory while at Masterman, taught by Gloria Goode. Ms. Goode also expanded our cultural horizons. She added jazz, African and Brazilian music to our studies of Dvorak, Copeland and Stephen Foster. In sixth grade, we happened to have a student teacher who had lived in Brazil, so we learned to make their national dish, fejoida, home ec class and performed a Brazilian number in the school show. As one of the few black faculty members at Masterman, she was a powerful role model for the black students. She was also a crucial mentor for a small group of students who actually did become professional musicians in their adult lives. She also set an example for us as a life-long learner, sharing with us about her explorations of African music and dance, for example. Her 1990 doctoral dissertation, “Preachers of the word and singers of the Gospel: The ministry of women among nineteenth century African-Americans,” was hailed by the author Delores Causion Carpenter hailed as, “one of the finest treatments of 19th century black, singing, evangelist women” in her book, A Time for Honor: A Portrait of African American Clergywomen.
The exposure that she gave us to polyrhythms through the music of Babatunde Olatunji has particularly stayed with me. What follows is a video collection of the some of the music I was exposed to in Ms. Goode’s classes. I believe that what she taught me about the underlying structure of these diverse kinds of music would become important in Ms. Hagemann’s class, and in my later thinking about writing and problem solving. This collection includes not only Olatunji, but also Sergio Mendes, “Largo” from Dvorak’s New World Symphony, the folk song, “Goober Peas,” Della Reese and Wes Montgomery playing “Windy.” The last song especially sticks out in my mind because my first hearing of the song wasn’t Montgomery’s guitar version. It was our fifth-grade classmate Joel Bryant, who played the song for us on piano at her invitation at the end of class one day. Joel went on to become an accomplished professional songwriter, producer and accompanist with credits that include work with Philadelphia International Records and Gospel great Traimaine Hawkins. Joel was one of many professional musicians who came through Masterman.
Ms. Hagemann’s essays don’t explain what specifically prompted her to create an electronic music class, but she knew Robert Moog, the physicist-engineer whose experiments with the theremin led to his invention of the first popularly-used synthesizer in 1965. She was an active composer with far-flung connections who reportedly studied with the legendary music teacher Nadia Boulanger. (This assertion comes from a posting on Facebook; I am in the process of trying to verify it.)
What we do know from her 1968 essay, “Electronic Composition in the Junior High School,” is that she described the lab as “logical outgrowth and extension of the [Music Educators National Conference] Young Composers’ Project,” an initiative funded by the Ford Foundation. She started the lab with a $316 grant from a fund established by Philadelphia Schools Superintendent Mark Shedd for innovative teaching projects. According to Salon magazine, Moog synthesizers were $11,000 in those days, so she focused on components instead. We had two reel-to-reel tape recorders, an oscilloscope, sine and square wave generators, splicing equipment, and tools for making musique concrete, such as a gong and a metronome. We wrote our compositions on graph paper, plotting frequencies on the vertical axis and time on the horizontal.
According to Hagemann, the 15 children were initially selected to participate in the lab, and several dozen students were admitted into the program before long because of popular demand. All of the students who were initially selected played instruments. If my memory is correct, I entered the program during the 1968-69 school year, when I was in the sixth grade.
Ms. Hagemann’s methods emphasized the mathetic over the pedagogic or mimetic. Each of us was assigned a partner, which meant that we not only had the experience of composing and recording our own work, we also learned to play recording engineer for someone else. She exposed us to experimental composers and methods, and further broadened our cultural horizons. The video compilation below is a sampling of what we heard in class, and what we were taught to do. It includes Switched on Bach, Tibetan chants, a demonstration of musigue concrete composition and production techniques, and a Swingle Singers performance.
This early electronic music composition, “Lemon Drops,” by Kenneth Gaburo, was also part of our curriculum:
Hagemann cautioned her colleagues against being “guided by an outmoded philosophy that only the teacher knows best.” At the same time, she added,
“Although anything is possible, everything should not be permitted. In this incipient stage of a student’s musical development, the disciplined experi- ence of creating logical compositions within the frame- work of accepted musical form is imperative. Although students should become aware of the concept of alea- toric composition (eleven of the twenty-six members in the first class purchased John Cage’s book, Silence), the use of indeterminacy and chance elements in com- position should be reserved until the students have demonstrated their understanding of and competence to compose in various musical forms. Concurrent with a rigid adherence to traditional form, the children can be given a measure of freedom of expression to avoid stifling the possible creation and development of new musical structures.” (p. 88)
Hagemman reported surprise and delight at the quality and precocity of the musical compositions that emerged from the class (not from any of my work , though, I assure you!). But it was the technological innovation that took place that was an additional delight. She reports on page 90 that after field trips to Princeton and Philadelphia’s Franklin Institute:
“William Serad, age thirteen, submitted a technical report, complete with schematic diagrams, on the possibility of using an analog computer for writing electronic music. William thought that this computer would be useful in the writing of such compositions as “Study in Square Roots” or “Cube Root Canon.” His report was later discussed with Robert A. Moog, presi- dent of the R. A. Moog Company, Trumansburg, New York, manufacturers of electronic equipment, who agreed that this idea was feasible. With this encourage- ment, William constructed a four-sound, push-button switch, serial sequencer, which he used in writing an electronic canon. He has since made a working model of a tri-amplitude mixer module. Another member of the class, Randy Kaplan, age twelve, was inspired by the linear controller at Princeton to build a three- sound, push-button switch, serial sequencer with mixer. The teacher will not always understand every wire and transistor, but he can always tell if the equipment operates properly, and he can assist his students to use such devices musically.”
Hagemann concluded her article by noting that keeping up with her students had required her to embark on a new path of professional development for herself. She enrolled in an electronics course and started reading electronics reference texts. She picked up the theme of the necessity of teacher development in a Dec. 1969 article for the Music Education Journal, “Are Junior High School Students Ready for Electronic Music? Are Their Teachers?” Hagemann asserted that if teachers open their minds and become resourceful about using electronic music classes as a means of allowing students the “freedom to create” (.p 36) ,
“The adolescent need for independence will be satisfied by the creative free- dom encouraged within the labora- tory. The study of the basic con- cepts of electronic music will help the student gain a critical perspec- tive of himself, of his social environ- ment, and of the ways he can shape new goals of learning.” (p.37)
I was astounded to read these words nearly 40 years later, because they are remarkably similar to the conclusions that we reached with regard to the results of our Interactive Journalism Institute for Middle Schoolers in exposing middle school students and teachers to computing and journalism as as means of creative expression and civic engagement. More about that in a future post.
- Electronic Composition in the Junior High SchoolVirginia Hagemann
Music Educators Journal
Vol. 55, No. 3 (Nov., 1968), pp. 86+88+90
(article consists of 3 pages)
Published by: MENC: The National Association for Music Education
Stable URL: http://www.jstor.org/stable/3392383
Music Educators Journal December 1969 vol. 56 no. 4 35-37
- Hetland, Lois, “Learning to Make Music Enhances Spatial Reasoning” Journal of Aesthetic EducationVol. 34, No. 3/4, Special Issue: The Arts and Academic Achievement: What the Evidence Shows (Autumn – Winter, 2000), pp. 179-238 (article consists of 60 pages) Published by: University of Illinois Press
Stable URL: http://www.jstor.org/stable/3333643
- Habib, Michel and Mireille Besson. “What Do Music Training and Musical Experience Teach Us about Brain Plasticity? Music Perception: An Interdisciplinary Journal, Vol. 26, No. 3, Music and Language (Feb., 2009), pp. 279-285
- Wendy S. Boettcher, Sabrina S. Hahn, Gordon L. Shaw, Mathematics and Music: A Search for Insight into Higher Brain Function Mathematics and Music: A Search for Insight into Higher Brain Function,Leonardo Music Journal, Vol. 4, (1994), pp. 53-58
One of those “intellectual descendants,”, my colleague and collaborator Ursula Wolz, was researcher in Papert’s LOGO lab in the 1970s. In the early 1980s, she and Jim Dunne began teaching LOGO to children and teachers at Columbia Teachers’ College’s Microcomputer Resource Center. (See contemporaneous popular press reports on that work from Popular Mechanics and Infoworld. Wolz is the Principal Investigator of the IJIMS.
I thank my former Masterman schoolmate and academic colleague Elizabeth Gregory for her help in locating both of Ms. Hagemann’s articles. | <urn:uuid:5a4ea6c2-978f-4c0c-972a-76072e084e20> | CC-MAIN-2013-20 | http://kimpearson.net/?m=201102 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368702448584/warc/CC-MAIN-20130516110728-00009-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.954933 | 3,145 | 1.75 | 2 |
The White House will unveil a report today showing that U.S. dependence on foreign oil imports has dropped by more than two million barrels a day since President Obama took office.
The report shows U.S. imports at 8.4 million barrels a day last year from 11 million barrels a day in 2008. As a percent of all U.S. consumption, foreign imports went from 57 percent down to 45 percent in the same period, the report says.
Good morning. I'm Steve Inskeep. Social media sure make the job of police easier. A Japanese doctor is the latest to post evidence of his own violation of the law. He said he wanted people to see the beauty of his Ferrari, so he positioned a camera behind the driver's seat and zoomed away. The video showed him driving 77 miles per hour, 52 miles over the speed limit. Angry viewers not only marked dislike on the video, they reported the driver to the police. It's MORNING EDITION. Transcript provided by NPR, Copyright NPR.
The Taliban have vowed to avenge the deaths of 16 civilians in Afghanistan, allegedly shot by a U.S. soldier in a rampage through villages near Kandahar.
According to The Associated Press, the Afghan militia on its website called the attack a "blood-soaked and inhumane crime" and the attackers "sick-minded American savages." It promised to seek revenge "for every single martyr with the help of Allah."
Residents of the Gulf Coast are warily evaluating the BP settlement deal in the Deepwater Horizon case. Some were hurt during clean-up of the oil spill, others lost their businesses and still others lost family in the rig explosion. But they are coming to different conclusions about whether the deal is a good one.
And we're also reporting on violence on the border between Israel and the Gaza Strip. The attacks stretched the weekend into today. Israeli airstrikes killed three more people today in Gaza - that Palestinian-held area - bringing the total to 21.
As Israelis have been bombing, Palestinians have been firing rockets into Israel. And NPR's Lourdes Garcia-Navarro is following this story.
It's MORNING EDITION from NPR News. I'm Steve Inskeep.
This ranks among the more dismaying moments in a decade-long war. Americans have worked for years to position themselves as protectors of Afghans against murderous insurgents, and then yesterday a U.S. Army sergeant surrendered after a shooting rampage that left well over a dozen people dead. The list of those killed includes women and children, and the motive for the suspect remains unclear.
And today's last word in business is: raise the Red Flag.
We mentioned China's trade deficit earlier. This may be a small stab at turning it around. Beijing is telling government departments they should stop buying Audis, and should instead drive the Red Flag, China's version of the luxury sedan. It was used to shuttle around Communist luminaries like Chairman Mao, but was phased out a couple of years ago as a gas guzzler.
In this country, many American kids are preparing for standardized tests. They're among the rites of spring and they cause a lot of stress. One Indiana school tries to manage that stress by obsessing over the test a little less. Rather than teaching every single thing on the test, they just teach how to take one. Here's Kyle Stokes of NPR member station WFIU.
KYLE STOKES, BYLINE: Quick - name the literary genres you learned about in school. | <urn:uuid:0061a7b2-ea8c-40ca-b1da-ca8ac25ff031> | CC-MAIN-2013-20 | http://kwgs.org/npr-news?page=2222 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368708766848/warc/CC-MAIN-20130516125246-00003-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.96438 | 721 | 1.65625 | 2 |
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Although viewed as the musical epitome of the culture that produced Wonder Bread, American cheese, and "Fun with Dick and Jane" books, Lawrence Welk doesn't deserve to be written off as a stereotype entirely. Within the stream of products Welk put out over a period of 30-odd years can be found a few gems--mostly in his 60s material on Dot Records. Whether it's worth the effort to weed through all the junk to find them is another question.
Welk was raised in a German-speaking hamlet in North Dakota, and did not learn English until he was 21, accounting for his distinctive accent. He began performing professionally at the age of 13, playing the accordion. After leaving high school, he went into music full-time, eventually forming two groups, the Biggest Little Band in America and the Hotsy-Totsy Boys. Within a few years, he joined the big band movement with a group that toured Midwest.
Although written off as a hick by music critics, Welk was a shrewd businessman. He was a demanding taskmaster dedicated to producing a nostalgic, wholesome show. He maintained a roster of musical regulars, including ragtime pianist JoAnn Castle, accordion player Myron Floren, singer Norma Zimmer and Joe Feeney, organist Bob Ralston, guitarist Buddy Merrill, and the singing group the Lennon Sisters. George Cates was Welk's musical director throughout the show's 25-year run.
The Lawrence Welk Show was a staple of ABC for many years, but the network dropped the show in the 1970s because programmers thought its audience was too old and moving away from its core viewing target. Welk promptly signed a lucrative syndication contract and went right on producing the show for a number of years thereafter, with even greater financial reward.
Welk accumulated a vast real-estate empire and acquired royalty rights to 20,000 songs, including the entire body of Jerome Kern's work. He established a retirement resort outside San Diego, Lawrence Welk Village, that's now home to many of his fans. Welk's two autobiographies are named after his trademark phrases, Wunnerful, Wunnerful! (1971) and Ah-One, Ah-Two! (1974).
RecordingsA small sampling...
Search for Records and CDs
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Search GEMM for old recordings by Lawrence Welk.
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On Sunday, February 5, after the biggest week of his career, Subramanian Swamy strode into a public meeting in Mumbai. In a darkened auditorium, he dug deep into India’s history to show a rapt audience how “Indian traditions and old values” did not support corrupt practices. Through his hour-long lecture, the Janata Party president elicited thunderous applause, repeated slogans and chants of “Vande Mataram” and “Bharat Mata ki Jai”, and much tittering when he launched his trademark broadsides against the Nehru-Gandhi parivar.
The lecture—organised by Sucheta Dalal’s Moneylife Foundation—was focused on the implications of the Supreme Court’s recent verdicts centred on the 2G scam. Though all of them were there to attend a lecture on financial literacy, you could be forgiven for thinking that the few hundred-strong audience (largely middle- and upper-middle-class) were right-wingers. Many, incidentally, were from the Anna Hazare movement where too anti-corruption zeal and Hindu imagery-morality have segued into one another.
The jokes flew fast and furious. “When I started the 2G campaign, people said ‘nothing will come of it’, but Raja went to jail, Kani went to jail, Chidambaram just missed (loud applause). In fact, someone told me the Tihar jailer was complaining the other day that Swamy was creating problems for him; I asked why and the jailer said his bawarchi has a huge problem, and it seems the bawarchi said: ‘Swamy’s only sending Madrasis here to Tihar and they keeping asking for masala dosas and all that’. Then, I said, wait till an Italian is there....” (Deafening applause.)
The Harvard-educated economist-turned-politician had the look of a cat that has lapped up lots of tasty cream. He’s all over TV—and never seems to stop tweeting to his over-50,000 followers. And why not? Swamy (who did not speak to Outlook for this story) has played a crucial role in the legal campaign in the 2G cases. He has won two—getting a time-frame to sanction prosecution against public servants and the judgement to scrap the 122 telecom licences. He has lost one—the move to make Chidambaram a co-accused—but plans to challenge this in the higher courts. This has given the perpetual outsider—a pariah—a stake in national consciousness.
After years in the political wilderness—he was last in Parliament in 1999—Swamy is enjoying all the positive attention he is getting. But can he ever escape the contradictions of his past? Seen by many as a rabble-rouser and a man with a destructive streak, he has also last year spewed venom against the Muslim community in an inflammatory article in a Mumbai-based newspaper. For all his brilliance—which most admit instantly—Swamy is painted in a negative light, as a destroyer rather than a builder. “Nobody knows where he will strike next, he always has an ulterior motive. He does have an extreme right agenda,” says M.G. Devasahayam, a retired IAS officer who runs the Forum for Electoral Integrity and is sparring with Swamy on his pet theme of rigged electronic voting machines.
What certainly doesn’t help Swamy’s case is his propensity to reckless, and often bizarre, allegations, with the Gandhi family (barring Rajiv, who he claims is a friend) and Congress top leaders taking top honours. Sample this tweet on September 24, 2011, soon after Sonia Gandhi returned after her hospitalisation abroad. Responding to press reports that dmk’s T.R. Baalu met her, Swamy tweeted: “Baalu was seen by Sonia’s double. Baalu cannot tell one European from another.”
Take, for instance, the genesis of Swamy’s long-standing battle with home minister Chidambaram. According to a recent article by Punjab Kesri journalist G.S. Chawla, the rift between Swamy and his ‘student’ at Harvard originated in the H.D. Deve Gowda government in the mid-1990s. Chidambaram was finance minister then. Writes Chawla: “People do not know that Subramanian Swamy has been close to the controversial godman Chandraswami and Dr Prathap Reddy of Apollo hospital. All of them were members of a trust founded by Chandraswami. The enforcement directorate had found serious irregularities in the accounts of the trust in which some foreign currency was deposited. The finance ministry planned to act against all the three trustees.”
Twin focus Raja and Chidambaram are in Swamy’s line of 2G ire
Chawla goes on to write that one of the three approached former attorney-general G. Ramaswamy at midnight to find a way out, but Chidambaram didn’t listen. It took an intervention by former prime minister Chandra Shekhar to ensure that Deve Gowda stayed proceedings against the three trustees. Swamy has not forgiven Chidambaram since, or so that story goes. Sources close to Chidambaram told Outlook that “he (Swamy) has more followers on Twitter than in flesh and blood”. It is also reliably learnt that action is being planned vis-a-vis some of Swamy’s scurrilous tweets.
Swamy did have a goal—becoming prime minister. He claims to have been offered it once (by Sonia Gandhi, no less, in 1998), but declined. It’s an ambition he voices often. Prem Panicker’s Rediff profile of Swamy (in 1998) eloquently brings up this issue: “Could unbridled—some would say unrealistic—personal ambition hold the key to the political gadfly’s destructive path? Are we looking for the political equivalent of a child crying for the moon?” His capability and ambition make his recent successes seem bittersweet to many observers. But not everyone is charitable. Says Kumar Ketkar, editor-in-chief, Divya Marathi newspaper, who covered Swamy’s 1977 election from Mumbai Northeast, “Swamy is certainly not an anti-corruption crusader, he has been very selective on these issues...I would call him a megalomaniac rebel, quite untrustworthy, irresponsible and without much virtue. Calling him maverick is not right because mavericks have positive qualities.”
While Swamy hates the phrase maverick, his friends feel he’s happiest working from outside the system. This is a recurring theme. “Swamy is a leader in search of a party,” says Cho Ramaswamy, editor, Thuglak. “He’s the kind who won’t submerge himself in a party, he’s always himself, he’s independent, just like me. He has every right to be like that, take it or leave it.” There’s no doubt that he has got support from people across “the length and breadth of intelligentsia”, as Swamy’s wife of 45 years, Roxna Swamy, a Supreme Court advocate, puts it (see interview). The fact that her father was an ICS officer would have helped too. Swamy’s old schoolboy, teacher-student and the powerful Tam-Brahm networks pitch in with documents and data.
It’s clear Swamy’s early days have played an important role in shaping his political identity. According to his younger brother Ram Subramanian, who retired from the Institute for Defence Studies and Analyses (IDSA) six years ago, their mother Padmavati Subramanian had RSS leanings, unlike father Sitaram Subramanian, a well-regarded Indian Statistical Service officer. “Swamy could never come to terms with the fact that I was, like my father, a sympathiser of the Left,” says Ram, who insists the Subramanian boys were brought up in a non-religious way by their father. Ram goes on to stress that despite Swamy’s “pure integrity levels”, there’s something missing: “If he had a little more tolerance level to differences of opinion, he’d be a far more successful politician than he is.”
The issue of tolerance levels comes up repeatedly while discussing the reaction to his inflammatory article against Muslims, which has come in for widespread condemnation. Harvard University—where Swamy taught summer courses for many years—has dropped him. Swamy shrugged off the outrage against him by noting, in an interview with the Wall Street Journal, that his brother-in-law is Jewish, his son-in-law Muslim, his sister-in-law Christian and his wife Parsi. When asked about Swamy’s Hindutva agenda, V.S. Chandralekha, former IAS officer and Janata Party Tamil Nadu president, says, “What’s wrong? We’re a democratic country where Hindus are the majority. The minorities aren’t suffering. We’re considering joining NDA.”
That doesn’t seem to be happening in a hurry. As a former ideologue of the Sangh explained, “The opposition came from second-rung leaders like Arun Jaitley, Sushma Swaraj, Venkaiah Naidu and Narendra Modi who see Dr Swamy as a threat.” Remember also that former prime minister A.B. Vajpayee has been a bitter foe of Swamy’s. “The BJP wants to ride on issues that Dr Swamy picks up but he will always remain an untouchable for them,” says the former ideologue.
To see how far Swamy has travelled, it’s instructive to remember how Swamy was viewed just after the Emergency. Ketkar helps out, “In the 1977 election, he was a hero—young, suave, handsome, very articulate and willing to take on Mrs Indira Gandhi totally. If Shahrukh Khan had been a film hero then, and the two had held parallel meetings, Swamy would still have had bigger crowds at his meetings.... He was not liked by the socialists and even parts of the then Jan Sangh, but he was a hero then. He wasn’t anti-Muslim or pro-Hindutva then.”
Twitter @swamy39: A Random Sampling
Swamy & Frenemies
The 2 Gs in Swamy’s company, Gurumurthy and Govindacharya
Swamy with PVN in ’98. He never left Rao’s side even in wilderness. (Photograph by Indian Express/Archive)
Undated picture of Swamy with Chandra Shekhar and Mulayam. (Photograph by Indian Express/Archive)
A Brief History of Subramanian Swamy
Swamy’s Pet Themes
By Sunit Arora with Smruti Koppikar, Pushpa Iyengar, Prarthna Gahilote and Sundeep Dougal
Apropos your cover profile of Subramanian Swamy (The Jury is Out, Feb 20), I’ve attended a number of Swamy’s electioneering meetings way back in 1977 post the Emergency. His speeches were interspersed with humour and stinging criticism of the then leaders. Sample this: “Inka char aur unka bees, donon mil ke char sau bees”, referring to Sanjay and Indira Gandhi’s four- and 20-point programmes.
Venkatesh G. Iyer, Chennai
Subramanian Swamy has the impulsive tendency to shoot off his hip and to eat humble pie later; looks like it’ll be the same story in the 2G case as well.
George Jacob, Kochi
One thing that was omitted in the Swamy profile was that he was the blue-eyed boy of the RSS in the ’70s right through till 1977. The Harvard-returned Swamy had authored the swadeshi five-year plan in 1970, which was laughed off by the left-wing economists holding sway over Indira Gandhi’s so-called socialist regime. He was portrayed as a hero by the RSS during the Emergency for hoodwinking the police. When Deng Xiaoping allowed the Mansarovar yatra, Swamy was among the first batch of pilgrims who went there. And it’s true that Morarji Desai wanted him as finance minister but Vajpayee obstructed this and Swamy turned on him, even bringing out a booklet in Tamil alleging that Vajpayee was drunk at official banquets given to foreign dignitaries. That’s when the RSS wrote him off. They are eyeing him again now, after his pursuit of the 2G scam and the dna article on Muslims. One thing is for sure: Swamy is brilliant but destructive.
Ramesh Parida, New Delhi
Companies and governments the world over sell valuable resources and assets no other way than by auction to the highest bidder, just as, when it comes to buying stuff and giving out work contracts, they go for the lowest quotation. It’s a huge mystery, therefore, that except for people like Swamy, very few saw through the great subterfuge of A. Raja—virtually giving away spectrum licences at predetermined prices, as if he was handing out trays of French fries and soda at about Rs 50 apiece at a crowded fast food joint shouting, “everyone stand in line please, it’s first come, first served here.” Why, one wonders, did the various appointees on our numerous think-tanks, public finance institutions, Planning Commission chiefs, audit czars et al not catch on to what was going on?
Jyoti Rani, New Delhi
Since corruption is such a gigantic issue, one hopes Swamy would avoid the needless distractions of party politics and dedicate his time and stupendous abilities to his mission against corruption. Another bit of ‘unsolicited advice’ for him, he better stay away from the minefield of Hindutva issues, bearing in mind that corruption is no respecter of faiths, the only god the corrupt in India worship is money, that their highest deities reside neither in Mecca nor Mount Kailash, but in the temples of filthy lucre called foreign tax havens.
Shyam Sethi, New Delhi
Swamy may be “a person with ulterior motives with an extreme right agenda”, he may be leading a life of “character assassination, malicious mendacity and sordid blackmail” or he may be “a megalomaniac rebel, irresponsible and untrustworthy”. But it reminds me of what Abraham Lincoln said to an aide complaining about a Union general who was a drunkard. Lincoln wanted to know what the general was drinking as he was the only one winning battles against the confederates! Likewise, we need more Swamys in spite of what he is.
Rajiv Chopra, Jammu
Swamy is as opportunistic as any other politician. He hankers after positions of power and chooses his friends and enemies based on his personal political interests. Even his enemies can buy peace off him by tempting him with a bribe of a berth in the cabinet. It’s ridiculous to call him a great patriot. It’s just that his technique of picking fights selectively against politicians or blackmailing them has helped a larger cause eventually.
Dipto, New York
It’s ridiculous to suggest, as you do, that Swamy’s fight against Chidambaram is because of a personal vendetta against him.
Govindan Kutty, Thrissur
Swamy is neither a mass leader, nor a political reformer or social activist. He has his share of ideological baggage, but I doubt if he has any real ambitions or agenda. Ascribing political ambitions to him is dumb. Call him a maverick, but people like him are supremely important in our system. He’s a sharp customer himself and eminently suitable for pricking bloated balloons. At various points, Jayalalitha, Ramakrishna Hegde and Chidambaram have been reminded of this.
Manish Banerjee, Calcutta
How about a Bharat Ratna for Swamy? He has shown investors worldwide that the Indian legal system works.
Thank heavens, we have people like Swamy to speak and write without fear and without the humbug of being politically correct.
Tushar Patel, Jamnagar
In the brief life-history of Subramanian Swamy in your Feb 12 cover story, you say he was elected to the Lok Sabha in 1977, and Morarji Desai proposed his name as finance minister but was vetoed by A.B. Vajpayee. The facts are: a) Swamy was a first-time MP; b) Desai and Charan Singh divided all main portfolios between their two parties; and c) Jan Sangh was given information & broadcast (L.K. Advani) and external affairs (Vajpayee), and finance went to H.M. Patel. So, where was Swamy? And, in fact, Desai, as PM, ran external affairs himself, often keeping Vajpayee himself in the dark. Where was the question of Vajpayee vetoing anything Desai might have proposed?
>> For all his brilliance—which most admit instantly—
hmm, did he solve cancer or made a nuclear fusion break-through ?
A little more research would have come across some comments by Madhavan( the famous CBI Jt Director associated with Bofors Investigation) in his autobiography in Malayalam, on his experience under Law Minister Swamy. Swamy had manipulated the case, and Madhavan found himself arguing against the state counsel leaving the court baffled! Swamy complained to the PM. Eventually Swamy did make an effort to soothe Madhavan.It was touch and go for the Bofors case. Why did Swamy behave so?
Just curious. Is the jury still out on Manmohan Singh?
/// Why is that communal over tones are given when ever you discuss a person,yes he made India"s Judicial system work.///
It will be always there if you discuss his ideology, beliefs, What happens if there is injustice to others, as long as one bears, it is OK. If one retaliates it becomes a communal overtone or painted so. There are many example in our history- our caste system, our slavery days, abuse to our culture. But you don't worry, 'MAIN HUN NA'
This man has the courage and a real patriot. It's due to his crusade against the corrupt Nehru-Gandhi parivar, that had put Raja, Kani and others behind the bars, and after Chidu, he was to target Vadra, Rahul and Soniamma, the latter along with Karuna was the chief architect of the 2G scam.
By exonerating Chidu the trial court judge O.P.Saini may have given a breather to the Congress before the U.P. election, but I am optimistic that ultimately all of them will be charged and convicted, and the country will eventually get rid of the dynastic rule of the corrupt Gandhi family.
Dr Swamy is the only politician who can face up to the despotic and corrupt Gandhi family.
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I recently realized that I have been exceptionally lucky in the past 12 months: I’ve had the chance to travel to 5 continents in that time. Two of those trips were as part of the Access to Capital Study Tours. Throughout our time in Kenya and Rwanda, a few people asked me what I thought the similarities and differences were between these two countries and Vietnam, Singapore, and Malaysia. Having lived in India for two years before MIT Sloan, I also couldn’t help rolling India into these (admittedly muddled) comparisons.
There were many similarities.
Whether the Saigon Stock Exchange or the Nairobi Stock exchange, there is insufficient liquidity and low volumes of trading. Banks are too conservative. They require an excessive amount of collateral and charge such a high interest rate (in Rwanda ~19-21%) as to be a disincentive to equity investors. Nevertheless, the other similarity was that there were no shortage of risk takers who were trying to push forward these markets by establishing private equity funds, providing un-collateralized loans, and offering consulting support to help SMEs move from S to M to L in both thinking and capabilities.
There were obvious (and expected) differences in the level of development between Malaysia and Singapore and Vietnam, Kenya, and Rwanda. One small thing that I kept thinking about was the approach to the city from the airport. When I was living in Hyderabad, they built a new airport which was much farther from the city center. The “entrance” to the airport started about 2 or 3 miles from the actual structure and I am sure that those perfectly manicured roads and the strip of green garden that served as a divider were built for the express purpose of making sure that people who were new to the city would have a favorable impression.
When I compared what we had seen in Nairobi and Kigali to what I had first observed in Hyderabd, there were also a few surprising cosmetic differences:
1) A lack of car horn honking
2) Very few stray dogs (or stray buffalo for that matter)
3) Relatively little trash in the streets
On the face of it, these are the casual observations of a very limited data set (we spent most of our time traveling between office buildings in the centers of cities). But I can’t help but think (and hope) that maybe these differences point to something more significant. To some extent all of these observations are related to aspects of how “the commons” are treated by individuals and regulated by the government.
In addition, these kind of observations play a bigger role in the access to capital story than one may think.
These impressions, as superficial as they are, often have a significant impact on potential investors: “Do I feel safe? Do the people in the street look happy or angry? Could I picture coming back to this place a few times a year for board meetings? How easy is it to get around? Are there places to stay where I’d be comfortable and places to eat that I would enjoy?”
These are superficial issues but they do shape how “investable” a country is and though there are massive, substantial issues, (lack of infrastructure (we heard that it costs $2000 to get a 40 foot shipping container from New York to Mombasa, Kenya–18,000Km–and $6000 from Mombasa, Kenya to Kigali, Rwanda–1,600 Km), access to quality education and health care, ease of starting a business, a robust and well enforced legal system, pervasive corruption, unstable governments, periodic political violence, etc.) one small take away from our trip was that there are great enterprises and Kenya and Rwanda are indeed “investable”. This is not to say that Hyderabad does not receive more than its fair share of investment, far from it, but instead to highlight that one of the benefits of being able to go to these countries is the chance to think through what it may be like to do business in these places. And for the majority of our participants I believe we came away with the opinion that while it may be challenging it would be well worth the effort. | <urn:uuid:06ce01b9-073a-4bab-b7a3-0aff782a8410> | CC-MAIN-2013-20 | http://atceastafrica.wordpress.com/2010/04/05/similarities-and-differences/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368711005985/warc/CC-MAIN-20130516133005-00017-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.97922 | 866 | 1.625 | 2 |
"Agony uncle" is a derogatory term applied to employees of the Folktown Records weekly newspaper, a long running and esteemed publication with over six hundred issues released. Since the core focus of the Folktown Records is to be a conduit between answers and the innocent questions children ask, a large number of employees are patient and wise men and women, trained to answer tough questions simply, but correctly.
Unfortunately, the trials and tribulations of insatiable and unyielding children can wear anyone down, and such was the case of Windsor Creame, a 57-year old man in his twelfth year of service at the paper. One cool and calm day, the polar opposite of the heated fury to follow, Windsor was touring his nephew, Daniel Mboya, around the Folktown Records office. What follows next was hastily transcribed by a fellow employee:
Windsor: And this is where our answers are edited.
Daniel: What's editing?
Windsor: Well, it's when someone improves your writing.
Daniel: Because it was bad?
Windsor: No, no. They give it a polish that makes it better.
Daniel: If it wasn't bad, why does it need to get better?
Windsor: It could need tightening or clarification, or...
Daniel: What's clarfication [sic]?
Windsor: It's when something is made clearer and more understandable.
Daniel: So, your answer was bad because it wasn't clear?
Windsor (laughing): No, no. It may have just been confusing to read.
Daniel: If the answer was right, how could it be confusing?
Windsor: Oh look, this is the break room. We've got brownies!
Daniel: If your answer isn't wrong or bad, why does it need improving?
Daniel: Improving my reading makes me better at it, right?
Daniel: And clarfication [sic] makes something not confusing.
Daniel: So your answer must have been confusing and not good!
Windsor: No, Daniel, it just means two heads are better than one.
Daniel: I think I need more clarfication [sic]. Is the editing man here?
It was at this point that the transcriber reported Windsor becoming more shifty, nervous, and red-in-the-face, "unbecoming of a job where understanding and civility were crucial." Sadly for poor Daniel, the unfolding events change based on who you question. The transcriber recalls Windsor pushing Daniel roughly into the break room, and slamming him into one of the empty wooden chairs.
On the other hand, the gardener, outside in the bright sun, reports Windsor waving cordially, and "enjoying a brownie with his favorite nephew." The transcriber disagrees, saying that Windsor "forcefully [shoved] food into the boy's mouth." The editor, returning from a meeting down the hall, saw only Windsor, with his hand cupped over Daniel's mouth, leaving "in a huff."
Regardless of what really happened at the Folktown Records that day, the next time Daniel was seen, he was badly bruised and bleeding profusely. When prompted for an explanation, the boy's scratchy and barely discernible voice proved unintelligible. Further medical investigation showed internal bleeding in the throat area, indicative that the boy had literally screamed, presumably in agony, until even that caused further pain.
When Windsor returned home that night, hours after Daniel was discovered leaving bloody footprints on Madam Calvian's marble walkway (herself a neighbor to the transcriber), he was detained and brought in for questioning. After proving "uncooperative" by not stating the "truth" as the authorities figured it, he was locked away in a cell without further due process.
Bavarian Creame, Windsor's wife of seven years, categorically denies that Windsor could do such a thing, stating that "he and poor Daniel had just gone spelunking last week and had a great time!" After being brought in as an accomplice, Bavarian was released due to lack of evidence.
Daniel died the following day due to blood collecting in his lungs, and his death was officially pronounced a murder. As the news swept the community, so did the macabre reason for Daniel's inability to name his abuser: his ragged and raw throat, ripped apart by the screams no one seemed to hear. Even without irrefutable proof, Windsor Creame, newly dubbed the "agony uncle" and pushed "over the edge by the ceaseless accusations of answer ineptitude", was the obvious choice. However, several friends and family of Windsor believe him to be innocent, and at the wrong place at the wrong time.
--Morbus Iff 18:42, 27 Aug 2004 (EDT)
Unofficially, I have a concern with the sixth floor and the report of the gardener: On the other hand, the gardener, outside in the bright sun, reports Windsor waving cordially, and "enjoying a brownie with his favorite nephew. It's certainly explainable that Windsor waved down upon the gardener, but there's no way said foliager would know that they were enjoying brownies, not when they're six floors up. --Morbus Iff 20:44, 18 Oct 2004 (EDT)
That just deepens the mystery, doesn't it then? --DrBacchus 08:44, 19 Oct 2004 (EDT)
Perhaps the gardener was able to recognize the characteristic wail of a Brownie in orgasm. --John Cowan 13:06, 19 Oct 2004 (EDT) | <urn:uuid:54478138-6414-4916-ac99-1ebad4e84ecf> | CC-MAIN-2013-20 | http://www.gamegrene.com/wiki/Agony_uncle | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368711005985/warc/CC-MAIN-20130516133005-00002-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.974427 | 1,185 | 1.65625 | 2 |
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Long voting lines cause headaches in Ohio, Florida, New York and elsewhere on Election Day.
Long lines formed early Tuesday as US voters turned out in droves to decide what could be a nail-biter of a presidential election.
The craziest lines were reported in the battleground state of Florida, where four-hour waits were not uncommon and the Miami Herald reported voters refused to leave the line despite fainting.
More from GlobalPost: When social media and voting don't mix
One man there suffered a seizure while filling out his ballot. A woman in Miami held a catheter bag while waiting to vote.
Democrats have already filed a lawsuit in Florida over waiting times for early voting, which in some cases on Saturday stretched to six and seven hours, Reuters reported.
Rainy Hamilton, Jr., 56, of Detroit, told USA Today he stood in line for almost two hours Tuesday morning, the longest it's ever taken him to vote.
But he didn't mind at all.
More from GlobalPost: Most memorable moments of the presidential campaign (VIDEO)
"I was hoping there would be a wait," Hamilton told USA Today. "It means people are excited. I'm excited because I hope it means President Obama will be re-elected and I'm glad because people are voting."
At Ohio State University, students excited to cast their first presidential election votes waited in line for hours due to a lack of poll workers.
Long lines were also reported in Virginia and parts of New York and New Jersey, still reeling from last week's superstorm Sandy.
Tuesday morning, the line to vote at an East Village polling station in New York extended half a block down First Avenue and rapidly built westward. By 8:40 a.m., the 175 people in line had yet to move a foot, The New York Times reported. | <urn:uuid:eaa86a84-1566-4977-9450-00946b3fa7a3> | CC-MAIN-2013-20 | http://www.globalpost.com/dispatch/news/regions/americas/united-states/121106/election-day-long-voting-lines-reported | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704713110/warc/CC-MAIN-20130516114513-00012-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.968043 | 383 | 1.734375 | 2 |
Reporting from Seattle — Imagine if the slash-and-burn budget cuts that have become a new way of life for recession-stricken state governments could be ended by simply soaking the rich.
Here in Washington, they're taking that literally. A TV spot for a proposed new income tax on the state's wealthiest citizens shows Microsoft founder Bill Gates' 84-year-old father, William Gates Sr., plunged by giggling kids into a dunk tank and left to drip in his wet khakis and Oxford shirt.
"Some people say Initiative 1098 is about soaking the rich. But it's really about doing something for the next generation," Gates says. "You see, state cutbacks have put our kids at risk, and we can't just sit here and do nothing about it."
The fight over what would be Washington's first state income tax since 1933 is shaping up as a battle of the titans: Both the elder Gates, a prominent retired lawyer and philanthropist, and his son, the richest man in America, are backing I-1098. But three of the state's other biggest businessmen — current Microsoft Chief Executive Steve Ballmer, Amazon.com founder Jeff Bezos and John Nordstrom of the Seattle-based retail chain — are throwing big money into the campaign to defeat it.
Washington voters are being asked to endorse a tax philosophy that is in many ways similar to President Obama's approach to shrinking the federal deficit: Keep the tax burden off low- and middle-income families while raising taxes on the wealthy.
The ballot measure would raise about $2 billion a year for education and healthcare by taxing gross income above $200,000 for individuals and $400,000 for couples, while trimming other taxes for small businesses and property owners.
Voters in neighboring Oregon earlier this year easily passed a similar tax-the-rich ballot measure, along with a tax hike on corporations. But Washington, one of only seven states with no income tax, has made its tax-free status an important selling point in attracting new business.
Opponents warn that new taxes on well-off entrepreneurs would make it harder to recruit talented employees and would eat into business owners' ability to reinvest, raise wages and create new jobs.
"As a former Microsoft employee, I absolutely know it would damage Microsoft's ability to compete. Part of their ability to attract talent from all over the world is because there's no state income tax here," said Scott Stanzel, a former deputy White House press secretary under President George W. Bush and a public relations manager for the software company who now is running the campaign to defeat I-1098.
Washington survives on a 6.5% sales tax (boosted to 9.5% in Seattle), taxes on candy, imported beer, bottled water and cigarettes (a separate initiative is on the November ballot to repeal that tax) and one of the nation's only business and occupation taxes, levied largely on gross receipts rather than net income.
The decline in consumer spending has left the state government reeling under crippling budget shortfalls. Since 2009, the Legislature has approved $5.2 billion in cuts targeting schools, clinics, state employees and the state health plan.
That's a large number in a state of only 6.7 million residents, and more cuts lie ahead: Projected revenues have shrunk by an additional $770 million since spring, and Gov. Chris Gregoire has ordered state agencies to prepare for additional reductions of 6.3% by Friday.
The impact has been felt perhaps most acutely in education. The state ranked 17th in the nation in per-pupil state funding for schools in 1992, but slipped to 33rd by 2008 — or 47th, if measured relative to the wealth of its residents.
"The real impetus is the huge, crying need for funding our education system. And immediately related to that is the opportunity to make a little move in the direction of changing the terrible regressivity of our sales tax," Gates, co-chairman of his son's philanthropic foundation, said in an interview.
Gates said skewing taxes toward the rich is nothing new.
"I have a very clear recollection of the days when we took for granted an income tax rate on the highest earners of 90%, 70%, at times when our country was just motoring along in very good style," he said. "The notion of adding a couple of points to a 35% [federal] rate — it isn't going to change the world."
Opponents fear that the proposed tax — 5% on income above $200,000, 9% above $500,000 — could plunge Washington into the same economic traumas being experienced in states like California.
"Don't Calitaxicate Washington," the Seattle Times urged in an editorial opposing the measure, which polls show is a tossup.
They also warn it may not be a tax only on the rich for long. The initiative allows the Legislature to change its terms two years after passage. "What is billed as a high-earners tax is simply a backdoor way of extending an income tax to all Washingtonians in the future," Stanzel said. | <urn:uuid:1bea1cf5-0350-4da8-ad7c-0b76112b4e39> | CC-MAIN-2013-20 | http://articles.latimes.com/2010/sep/25/nation/la-na-washington-tax-20100926 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368704132298/warc/CC-MAIN-20130516113532-00015-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.970955 | 1,053 | 1.625 | 2 |
Upon reading the theme for May's challenge for You Want Pies With That? (Childhood Memory Pie), my thoughts raced through a variety of possibilities.
That was my grandfather's favorite pie, and consequently, one of my favorites. But , how about . . .
Lemon meringue pie.
Watching my grandmother make the filling is one of my earliest cooking memories. Oh, but, how about . . . .
My father cooked only a few times a year, and one of his responsibilities was making pumpkin pie for Thanksgiving. Truly one of my favorites, but this isn't really the right time of year for a wintery pie. So, how about . . .
I grew up in a suburb of Bellevue, Washington. Our house was on the very last street in the subdivision, so my backyard was, quite literally, a forest. My friends and I would spend hours exploring that forest, following trails, seeing how far we could travel in every direction.
Being the Pacific Northwest, one of the special wild treats during the summer was blackberries. I'd go into the forest, armed with a bucket, and return home with a large supply of freshly picked, juicy blackberries. My mother would turn them into the most delicious pie.
Now, fast-forward about 25 years or so. I'm now living in Eugene, Oregon, in the hilly southwest part of town, where my neighborhood is surrounded by forests. My older daughter is about 6. One summer day, I grab a bucket and take my daughter into the forest, and together, we pick enough blackberries to fill the bucket, and, of course, bake a pie. The circle is complete, and tradition has been passed down.
Will my daughter bake blackberry pies with her daughter? Since there are no blackberry-laden forests where they live, I will suggest that they plant blackberries in their garden, so perhaps in a few years, they can share the fun of picking fresh berries and turning them in to a pie.
Thanks to Ellen at Kittymama for choosing such a memorable theme.
One 9" baked pie shell
4 cups fresh blackberries
1/2 cup sugar
1/4 cup flour
2 teaspoons lemon juice
1 teaspoon ginger
In a large bowl, gently mix together the blackberries, sugar, flour, lemon juice and ginger. Pour the mixture into the cooled pie shell.
1 cup flour
3/4 cup toasted slivered almonds
1/4 cup sugar
1 teaspoon ground cardamom
4 ounces melted butter
In a bowl, mix together the flour, almonds, sugar and cardamom. Mix in the melted butter. Top the pie with the crumble and place in the oven and bake for 30 minutes, or until the crumb topping is golden brown. Remove from the oven and cool completely. | <urn:uuid:b3499952-a143-4a77-8b2a-5ae32fee8f91> | CC-MAIN-2013-20 | http://wandasue22.blogspot.com/2009/06/slice-of-memory-pie.html?showComment=1244316203594 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368711005985/warc/CC-MAIN-20130516133005-00016-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.948527 | 585 | 1.539063 | 2 |
Number of victims in state of Utah breach significantly risesA cyber attack on the Utah Department of Health (UDOH), perpetrated thanks to a misconfigured server, was worse than originally feared.
The server breach, which initially was believed to have compromised 24,000 individual Medicaid claims, actually impacted that many records, according to an updated news release, issued Friday. Contained in those records was the personal information of 181,604 people.
Included are not just Medicaid recipients, but also clients of the Children's Health Insurance Plan (CHIP). More than 25,000 victims had their Social Security numbers (SSNs) exposed.
UPDATE: The number of victims has risen even higher. On Monday, UDOH published a new update, saying now that an additional 255,000 people had their SSNs stolen in the heist. The data of these individuals was sent to the state by their doctor as part of a "Medicaid Eligibility Inquiry" to determine their status as recipients of the free or low-cost national health insurance.
The release also states that another 350,000 people listed in the eligibility inquiries may have had other sensitive data lifted, including names, birth dates and addresses.
The tally now sits at 280,000 people whose Social Security numbers were involved in the breach, and another 500,000 who also lost personal information.Some of the 255,000 SSNs were not connected to any name, thereby reducing the risk of identity theft.
“We understand clients are worried about who may have accessed their personal information, and that many of them feel violated by having their information compromised,” UDOH Deputy Director Michael Hales said. “But we also hope they understand we are doing everything we can to protect them from further harm.”
Attackers were able to compromise the server because an authorization component was not configured properly.
The state's Department of Technology Services "has processes in place to ensure the state's data is secured, but this particular server was not configured according to normal procedure." The agency plans to bolster its controls with additional networking monitoring and intrusion detection functionality.
UDOH is beginning to notify affected individuals by mail, starting first with those whose Social Security numbers were involved. The agency will provide them with one year of free credit monitoring services.
Officials previously said they believe the hackers operated out of Eastern Europe. | <urn:uuid:577650a6-dcaa-4e89-85f5-f5967936a03c> | CC-MAIN-2013-20 | http://www.scmagazine.com/number-of-victims-in-state-of-utah-breach-significantly-rises/article/235759/ | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368696381249/warc/CC-MAIN-20130516092621-00002-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.978691 | 480 | 1.726563 | 2 |
On Sept. 11, 2001, Marine Lt. Col. Stuart Couch’s friend died co-piloting the second plane to hit the World Trade Center. Soon after, Couch became one of the first military prosecutors assigned to the U.S. military base at Guantánamo Bay to prosecute men alleged to have carried out the terrorist plot. Couch talked to Amy Goodman and Juan Gonzales of Democracy Now! about the experience.
Stuart Couch recalls his first trip to Guantánamo, and what he found.
"I was waiting to watch the interrogation of one of the detainees who had been assigned to me to prosecute his case. This was a detainee that was particularly cooperative and involved in some very serious activities in the Gulf region. As I was waiting in a room next to his interrogation room, I heard some loud heavy metal rock music playing down the—down the hallway. I went down to investigate. I thought it was a couple of guards that were off duty and didn’t realize that we were getting ready to conduct the interview. So I walked down the hallway, and as I reached the room where the source of the music was coming out, the door was cracked. And I looked into the room, and I could—all I could see was a strobe light flashing. The rest of the lights in the room were out, but from the flashes of the strobe light, I could see a detainee in orange sitting on the—seated on the floor and shackled, hand to feet, and rocking back and forth."
"There were two civilians who asked me, you know, what was I doing. And I said, "I’m Lieutenant Colonel Couch. You need to turn that down. What’s going on here?" And they just basically told me to move along, and shut the door in my face. There was a judge advocate reservist with me, and I said, "Did you see that?" And his immediate response: "Well, yes. That’s approved." And so, that was my first inclination that there was—of evidence of coerced interrogations going on at Guantánamo."
Couch ultimately would refuse to prosecute the detainee, Mohamedou Ould Slahi.
"It became clear that what had been done to Slahi amounted to torture," Couch says. "Specifically, he had been subjected to a mock execution. He had sensory deprivation. He had environmental manipulation; that is, cell is too cold, or the cell is too hot. ... He was presented with a ruse that the United States had taken custody of his mother and his brother and that they were being brought to Guantánamo." Couch says he concluded Slahi’s treatment amounted to illegal torture. "I came to the conclusion we had knowingly set him up for mental suffering in order for him to provide information," Couch said. "We might very well have a significant problem with the body of evidence that we were able to present as to his guilt."
Full transcript below the fold. | <urn:uuid:055c997d-35b2-4e8b-b03c-c0727a5f1c31> | CC-MAIN-2013-20 | http://occupyamerica.crooksandliars.com/taxonomy/term/743 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368699273641/warc/CC-MAIN-20130516101433-00002-ip-10-60-113-184.ec2.internal.warc.gz | en | 0.99383 | 624 | 1.84375 | 2 |
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