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Some mum is keen to ban Fortnite
Tech 09/03/2018
For any of you noobs who play Fortnite, this kid Leo's mum wants to ban it from her son.
She obviously hasn't tried jumping off the roof with an umbrella yet...
His concerned mother says that the game has changed her 10 year old son, making Leo less social than normal.
She explained that Fortnite had made him start ignoring family time in favour of being in front of his XBox, with the game's constant energy making him find normal life boring in comparison.
She first began restricting his time on Fortnite, and now has confiscated the whole game from the poor kid.
Leo has taken it fairly well. Saying he doesn't mind not playing it so much anymore.
His situation isn't unusual - according to Business Insider, Fortnite is so popular that after just six months, it was the most-watched game on game-streaming platform Twitch. At one point in February, there wasd 3.4 million people were playing the game at exactly the same time.
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ANITA VAN DE VELDE
DeVelde International
Born in Leeds (UK), to parents from India, Anita’s first career spanned 15 years in the UK’s Ad land. She worked for agencies such as Carat, JWT, Rapp, Initiative and Proximity, and client side for Sainsbury’s. An early advocate of integrated communication strategies, Anita was also a member of the IPA’s first Diversity Committee. In 2009 she moved to Amsterdam and it’s here she pivoted her career into international marketing & communication executive search. Four years later she set up her own bespoke talent consultancy, DeVelde International.
Passionate about people and brands, her two careers combine in consulting on Employer Branding. Fully aware of the challenges in the workplace, Anita is a staunch advocate of equality – she uses her privileged position of trust to promote the need for greater diversity and inclusion in organisations. The team at DeVelde International are known for supporting leading multinational and network agencies in their talent needs. Anita is considered a leading talent expert in Europe.
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George “G.K.” Butterfield Jr.
Rep. George “G.K.” Butterfield Jr.’s 2014 Report Card
Representative from North Carolina's 1st District
Serving Jul 21, 2004 – Jan 3, 2021
These statistics cover Butterfield’s record during the 113th Congress (Jan 3, 2013-Jan 2, 2015) and compare him to other representatives also serving at the end of the session. Last updated on Jan 12, 2015. Although Rep. Suzan DelBene [D-WA1], Rep. Thomas Massie [R-KY4], Rep. Donald Payne [D-NJ10], and Sen. Brian Schatz [D-HI] served in the 112th Congress, they took office within the last two months of the 112th Congress and here are grouped with other freshmen for the 113th Congress.
A higher or lower number below doesn’t necessarily make this legislator any better or worse, or more or less effective, than other Members of Congress. We present these statistics for you to understand the quantitative aspects of Butterfield’s legislative career and make your own judgements based on what activities you think are important.
Got bicameral support on the most bills compared to North Carolina Delegation (tied with 1 other)
The House and Senate often work on the same issue simultaneously by introducing companion bills in each chamber. 4 of Butterfield’s bills and resolutions had a companion bill in the Senate. Working with a sponsor in the other chamber makes a bill more likely to be passed by both the House and Senate.
Those bills were: H.R. 595: Veterans Education Equity Act of ...; H.R. 1288: World War II Merchant Mariner ...; H.R. 4993: To clarify the effect of ...; H.J.Res. 120: Approving the location of a ...
Compare to all North Carolina Delegation (85th percentile); Serving 10+ Years (74th percentile); House Democrats (77th percentile); Safe House Seats (81st percentile); All Representatives (80th percentile).
Ranked 2nd most liberal compared to North Carolina Delegation
For more, see our methodology. Note that because on this page only legislative activity in the 113th Congress is considered, the ideology score here may differ from Butterfield’s score elsewhere on GovTrack.
Compare to all North Carolina Delegation (8th percentile); Serving 10+ Years (40th percentile); House Democrats (69th percentile); Safe House Seats (34th percentile); All Representatives (32nd percentile).
Joined bipartisan bills the 66th most often compared to All Representatives
In this era of partisanship, it is encouraging to see Members of Congress working across the aisle. Of the 270 bills that Butterfield cosponsored, 36% were introduced by a legislator who was not a Democrat. View Cosponsored Bills »
Compare to all North Carolina Delegation (83rd percentile); Serving 10+ Years (85th percentile); House Democrats (69th percentile); Safe House Seats (88th percentile); All Representatives (85th percentile).
Butterfield introduced 2 bills that became law in the 113th Congress. Keep in mind that it takes a law to repeal a law. Very few bills ever become law. View Enacted Bills »
Those bills were: H.R. 2754: Collectible Coin Protection Act; H.J.Res. 120: Approving the location of a ...
Compare to all North Carolina Delegation (69th percentile); Serving 10+ Years (84th percentile); House Democrats (95th percentile); Safe House Seats (89th percentile); All Representatives (88th percentile).
Butterfield introduced 10 bills and resolutions in the 113th Congress. View Bills »
Compare to all North Carolina Delegation (38th percentile); Serving 10+ Years (28th percentile); House Democrats (29th percentile); Safe House Seats (33rd percentile); All Representatives (32nd percentile).
Most bills and resolutions languish in committee without any action. Butterfield introduced 2 bills in the 113th Congress that got past committee and to the floor for consideration.
Those bills were: H.R. 5142: To designate the facility of ...; H.J.Res. 120: Approving the location of a ...
Compare to all North Carolina Delegation (31st percentile); Serving 10+ Years (60th percentile); House Democrats (80th percentile); Safe House Seats (59th percentile); All Representatives (59th percentile).
3 of Butterfield’s bills and resolutions in the 113th Congress had a cosponsor who was a chair or ranking member of a committee that the bill was referred to. Getting support from committee leaders on relevant committees is a crucial step in moving legislation forward.
Those bills were: H.R. 1288: World War II Merchant Mariner ...; H.R. 2754: Collectible Coin Protection Act; H.R. 4993: To clarify the effect of ...
Butterfield held a leadership position on 0 committees and 0 subcommittees, as either a chair (majority party) or ranking member (minority party), at the end of the session. View Butterfield’s Profile »
Compare to all North Carolina Delegation (0th percentile); Serving 10+ Years (0th percentile); House Democrats (0th percentile); Safe House Seats (0th percentile); All Representatives (0th percentile).
Butterfield cosponsored 270 bills and resolutions introduced by other Members of Congress. Cosponsorship shows a willingness to work with others to advance policy goals. View Cosponsored Bills »
Butterfield’s bills and resolutions had 199 cosponsors in the 113th Congress. Securing cosponsors is an important part of getting support for a bill, although having more cosponsors does not always mean a bill will get a vote. View Bills »
For more, see our methodology. Note that because on this page only legislative activity in the 113th Congress is considered, the leadership score here may differ from Butterfield’s score elsewhere on GovTrack.
Compare to all North Carolina Delegation (69th percentile); Serving 10+ Years (43rd percentile); House Democrats (61st percentile); Safe House Seats (45th percentile); All Representatives (46th percentile).
Butterfield missed 4.4% of votes (53 of 1,204 votes) in the 113th Congress. View Butterfield’s Profile »
Compare to all North Carolina Delegation (69th percentile); Serving 10+ Years (60th percentile); Safe House Seats (70th percentile); All Representatives (72nd percentile).
GovTrack looked at whether Butterfield supported any of 12 government transparency, accountability, and effectiveness bills in the House that we identified in this session. We gave Butterfield 0 points, based on one point for cosponsoring and three points for sponsoring any of these bills.
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Counseling & Therapy
Marriage and Family Counseling
Rehabilitation Counseling
Virgin Islands Counseling Psychology Masters Programs
Masters in Counseling Psychology programs may best prepare students to help others function, face and overcome challenges. Most counseling psychology masters programs explore human behaviors, health issues, ethics and theories of psychological counseling. Also, students may often select electives or a specific top area of emphasis to mirror their own interests. Art Therapy, Marriage and Family Counseling, Substance Abuse Counseling and Career Counseling, are a few possibilities.
written by Rana Waxman
What Is Counseling Psychology?
A Masters in Counseling Psychology program explores one of the most dynamic and broad practice areas recognized by the American Psychological Association (APA). Counseling psychology focuses on identifying and helping to manage emotional, social, work, school and health-related concerns that people may go through in their lifespan. These could include anxiety, addiction, depression, marital problems, or adjustment issues. Students who work towards their masters degree in counseling psychology could learn about these concerns and how to translate theories into informed treatment methods.
About the Masters in Counseling Psychology
The Masters Degree in Counseling Psychology may introduce students to the abilities needed to counsel individuals, families and groups. Most degrees of this nature provide a psychology-based course of study. Students may learn to construct tests and measure outcomes. Also, they are likely to take courses that help them grasp how to integrate and apply scientific data and theory. These usually form the basis of assessment, and suitable client interaction and crisis intervention skills. Since these interventions are typically problem-specific and goal-directed, students could study both normal development issues and mental disorders.i
Applicants to a masters program in counseling psychology typically need a bachelors degree with some undergraduate coursework in psychology. Other material could include a current resume, essay and letters of recommendation. Some schools also look for a minimum GPA of 3.0 and may interview prospective students.
Masters in Counseling Psychology Requirements
In some universities, the Masters in Counseling Psychology program may entail between 48 and 60 credits. This could take a full-time student roughly two years to complete. Credits are usually divided between coursework, field placement and electives. Typically, the programs with more credits have a wider scope of electives to help students meet eligibility requirements for Licensed Professional Counselors (LPC) in their state.
Here is a look inside a possible Masters in Counseling Psychology curriculum.
Entry-level review courses (e.g. counseling theory and application)
Core courses (e.g. mental health, environmental influences and contexts, behavioral and individual differences, cognition)
Electives in special areas of counseling (e.g. addictions, substance abuse, mental health).
Practicum, internship or research requirements (varies by program)
Every program is different, so read course lists and descriptions to find one that matches your goals. To that end, there are sometimes two tracks to consider, the Master of Arts (MACP) in Counseling Psychology and the Master of Science in Counseling Psychology (MCSP).
MA in Counseling Psychology
The MA in Counseling Psychology usually has a broad scope of study. It may be a good fit for students with a more varied educational background (such as social work). Counseling Psychology MA programs also commonly require a thesis or an extensive research project. Graduates from an MA in Counseling Psychology program may continue to obtain their counselor’s license, but also may choose to pursue a career path related to teaching or research. Others may further their education if they pursue a doctorate degree such as a PhD in Counseling Psychology.
MS in Counseling Psychology
The MS in Counseling Psychology has a slightly different approach. Students who pursue a MSCP degree commonly have a bachelors in psychology. They may enter the MS program with the intention to work directly with patients. For that reason, these programs often have practicum or supervised field practice included into the course of study. MS programs may act as a platform to a PsyD, if a student aspires to practice as a counseling psychologist.
What are some Masters in Counseling Psychology Courses?
A Masters in Counseling Psychology program may be a dynamic mix of courses in human development, biopsychology and research design. You could also expect some courses to cover professional practice areas such as ethical and legal issues. Below is a sample of possible courses. Make sure to contact schools directly for more information.
Psychotherapy theory
Emotional and behavioral disorders and assessment
Vocational development
Family and systems theory
DID YOU KNOW? Demand for counseling psychologists will increase as people continue to turn to psychologists for help with their problems.ii
Other Masters Programs in Counseling Psychology
Students who are drawn to interpersonal counseling may find other appropriate masters programs in counseling psychology to choose from. You may want to factor in outside interests such as a background in dance, creative art or social work. Take note that aside from your masters in counseling psychology, you may be required to complete post-master’s clinical experience, and pass your state licensure exam for your area of professional practice. Some masters in counseling psychology programs may help students satisfy requirements for Licensed Professional Counselors (LPC), while others may not. Since programs vary, inquire directly with the schools on your list if this is a goal. The state license in counseling is literally permission from a state to practice counseling or to call oneself a licensed counselor. By contrast, national certification is not a license to practice. In some states, holding a national certification may assist the counselor to obtain a state license.
Masters in Art Therapy
Students who want to blend studio art and counseling might consider a masters degree in art therapy. A Masters in Art Therapy program may address theories of personality development and creative arts therapy. As a human service profession, art therapy explores the world of non-verbal communication. Coursework is likely to include art diagnosis, counseling theory and intervention methods. Students may learn how to interpret created productions and formulate effective treatment plans.
Masters in Career Counseling
A Masters in Career Counseling program may suit those who want to apply psychological principles to professional development. One of the degrees in this field of study is a Master of Arts in Psychology with a focus on career management and counseling. In this type of program, students are likely to explore diverse personality theories and group dynamics. Coursework could also discuss motivation, normal and abnormal workplace behavior and social learning theory.
Masters in Counseling and Therapy
Masters in Counseling and therapy programs include the MSCP degree along with programs that focus specifically on coaching, mental health or professional clinical counseling. Some schools offer the Master of Science in Counseling degree which explores the key theories and methods. Students then select an area of emphasis and take themed courses. Mental Health Counseling, Substance Abuse Counseling and Applied Behavior Analysis are some examples.
Masters in Clinical Mental Health Counseling
Masters in Clinical Mental Health Counseling programs blend required courses (ethics, research methods, lifespan development) with clinical internship. Mental health courses typically discuss the biological bases of behavior, diagnosis, and psychopathology. Other courses expand on interview methods and crisis intervention, and help students develop the ability to listen empathetically in a clinical setting.
By contrast, a Master of Arts in Forensic Mental Health Counseling is designed for students who aspire to provide mental health services in forensic or legal settings. To address this goal, courses may cover forensic psychology, law, family violence and child assessment.
Masters in Marriage and Family Counseling
Masters in Marriage and Family Therapy (MFT) programs may help students develop the clinical skills to address issues in relationships from a family-centered point of view. Many programs that lead to the MFT degree cover family systems theory, gender and human sexuality. They also highlight therapeutic concepts that are based on interaction (e.g. listening) and personality theory.
Masters in Rehabilitation Counseling
Masters in Rehabilitation Counseling programs may blend courses in mental health counseling theory, advocacy and treatment methods. Rehabilitation counselors help people with various disabilities live independent lives. Programs such as the Master of Social Work in Mental Health may fall into this category. Coursework will vary but might include topics such as policy, social welfare and juvenile justice.
Masters in Substance Abuse Counseling
Masters in Substance Abuse Counseling programs explore the skills and treatment plans used to address individuals with addiction and dependency issues. Most programs cover a broad range of topics. For instance, the MS in Addiction Counseling delves into theories of addiction, drug classification, assessment and treatment, and counseling methods. This type of program is also likely to discuss the impact of addiction on family structure. Other programs, such as a Master of Science in Substance Abuse Counseling, might tackle co-occurring disorders, recovery and relapse.
Accredited Counseling Psychology Masters Programs
The Council for Accreditation of Counseling and Related Educational Programs (CACREP) is an accreditor for counseling masters programs. Approved programs will have met or exceeded the standards of quality set out for by profession. The types of programs that fall under CACREP purview include masters-level addiction, career, clinical mental health, clinical rehabilitation, school, college and marriage, couple and family counseling programs. Typically, programs that are approved are offered in regionally or nationally accredited schools. Follow up with individual schools or visit the CACREP website to learn more.
On Campus vs Online Masters in Counseling Psychology?
Masters in Counseling Psychology programs may be available in a variety of formats to meet students' needs. Earning your masters in counseling online might be a good fit for students who have to juggle work and other duties while they try to meet academic goals. Distance learners access their coursework wherever and whenever is most convenient. Keep in mind that some programs may have internship or practicum requirements. This may entail travel to campus or nearby facilities. Follow up with schools to learn more.
Students who pursue their Masters degree in counseling on-campus trade in web-based course for in-person interactions. Classes meet at a set time and place, which may make it easier to collaborate and network with peers. Counseling is a very interpersonal field, so this might be a great way to boost communication skills. Plus, you may have access to extended campus facilities, like libraries, career services or labs for research.
The hybrid format combines a bit of both. Classes could be available in the online or on campus format, and students may get to choose what fits their current schedule. Other Hybrid Counseling Masters programs may rely on online courses with short residencies each semester.
Every program is different, so read descriptions and think of what format will be easiest to commit to.
What Is a Counseling Psychologist?
Counseling psychologists advise people on how to deal with their problems. They help patients come to terms with their issues, whether these arise at home, at the workplace, or in their community. Psychologists first seek to understand and explain thoughts, emotions, and behaviors. This is done through observation, assessment, and experiments. These tests help the therapist to develop theories about the beliefs and feelings that influence a person. Then, through counseling, they work with patients to identify the strengths or resources they can use to manage problems and improve their sense of well‐being. They may also assess, diagnosis, and treat more severe psychological symptoms.
Most counseling psychologists need a doctoral degree and licensure to practice. ii However some choose to pursue a career as Mental Health Counselors, Family Therapists, Marriage Counselors or Substance Abuse Counselors. For these pursuits, a masters degree in counseling or a related field, as well as state licensure, may be sufficient.iii
List of Counseling Psychology Masters Programs
Formats Available
Degree Awarded
Campus, Online, Hybrid
Online, Campus, Hybrid
Online, Campus
Online, Campus,
A Masters in Counseling Psychology may expose you to a dynamic field of study that could help you prepare for a variety of potentially rewarding career paths, and, serve as a basis for future studies. Use the on-page search tools to help you find a counseling psychology masters program that aligns with your goals and location needs. Filter your search by subject and format to easily compare the same types of programs. Or, look for counseling graduate schools by city, state or country. Each school has unique features to check out, so take the next step and request info today!
[i] div17.org/about-cp/what-is-counseling-psychology/ | [ii] bls.gov/ooh/life-physical-and-social-science/psychologists.htm | [iii] bls.gov/ooh/community-and-social-service/mental-health-counselors-and-marriage-and-family-therapists.htm
Live Your Life and Pursue Your Psychology Degree
Offering two quality, competency-based online learning formats: FlexPath & GuidedPath
Master of Arts in Marriage & Family Therapy - Couple Therapy Master of Arts in Marriage & Family Therapy - LGBTQ Couple and Family Therapy Master of Arts in Marriage & Family Therapy - Military Family Therapy Master of Arts in Marriage & Family Therapy - General Family Therapy Master of Arts in Marriage & Family Therapy - Medical Family Therapy Master of Arts in Marriage & Family Therapy - Child and Adolescent Family Therapy
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Box Office: 'The Jungle Book' Crushes 'Mother's Day,' 'Keanu'
8:33 AM PDT 5/1/2016 by Pamela McClintock
The big headline overseas is 'Captain America: Civil War,' which blazed to $200.2 million in its foreign debut, a week before its U.S. launch.
There's no slowing The Jungle Book.
In its third weekend, the movie continued to exceed expectations, grossing $42.4 million in North America to crush new offerings, star-studded ensemble comedy Mother's Day and R-rated action-comedy Keanu. Heading into the frame, most thought Jungle Book would earn around $35 million, but numbers kept being revised upwards Saturday and Sunday.
Jungle Book, which fell a scant 30 percent domestically, has now earned $684.8 million globally. Overseas, it took in $57.1 million from 53 markets for a foreign cume of $432.7 million, including $130 million in China. Domestically, its tally is at $252.1 million.
Disney achieved world domination this weekend, between Jungle Book and Captain America: Civil War, which launched early overseas. Civil War grossed a huge $200.2 million, one of the biggest openings of all time and not that far behind Avengers: Age of Ultron.
But outside of Mowgli, it was a ho-hum weekend in North America as three new nationwide offerings all opened below $10 million.
Warner Bros.' Keanu — marking the first time that Key & Peele stars Keegan-Michael Key and Jordan Peele have appeared together on the big screen — fared the best, grossing an estimated $9.35 million to all but tie with Universal's The Huntsman: Winter's War for No. 2. The official order will be revealed Monday when final numbers are tallied.
Huntsman remains a major disappointment, however, finishing Sunday with a domestic total of $34 million and a foreign cume of $97 million.
Keanu, costing a modest $15 million to make, revolves around two buddies who pretend to be gangsters and join the criminal underworld when a drug dealer kidnaps their kitten. The Peter Atencio-helmed pic, which debuted as a work-in-progress at the South by Southwest Film Festival in March, boasts a 77 percent fresh rating on Rotten Tomatoes. The film played best among adult males.
Directed by Garry Marshall, Mother's Day — starring Jennifer Aniston, Julia Roberts, Jason Sudeikis and Kate Hudson — wilted in its debut with $8.3 million. That compares to $56.3 million for Marshall's holiday ensemble film, Valentine's Day (2010), which likewise starred Julia Roberts, and the $13 million launch for his New Year's Eve (2011).
Targeting older females, Mother's Day was savaged by critics, not helping matters for the filmmakers and distributor Open Road Films. The movie features intertwining stories and centers on three generations of women in the week leading up to Mother's Day. (This year, the actual holiday isn't until Sunday, May 8.)
Keanu wasn't the only feline-themed movie meowing at the multiplex: Animated family film Ratchet & Clank, based on the video game series about a wild cat who befriends a robot, also debuted. The pic, from Focus Features/Gramercy, placed No. 7 with $4.8 million.
Ratchet & Clank, directed by Jericca Cleland and Kevin Munroe, follows the anthropomorphic character Ratchet and his robot sidekick as they attempt to save the universe. Paul Giamatti, John Goodman, Bella Thorne, Rosario Dawson and Sylvester Stallone lead the voice cast.
Jungle Book no doubt made life tough for the others. Plus, none of the three new offerings were particularly wowing audiences: Keanu and Ratchet each received a B CinemaScore, while Mother's Day earned a B+.
Sunday, May 1, 8:45 p.m. An earlier version of this article incorrectly listed total grosses for certain films. THR regrets the error.
Pamela McClintock
THRnews@thr.com PamelaDayM
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Hager Group opens its doors to 100 engineering students
On Thursday 31st March, 100 students were welcomed to Hager Forum in Obernai, right at the heart of Hager Group’s biggest production site. This initiative, called ‘Ingénieur’e : oser’ (‘Dare! Discover careers in engineering’), aims to encourage students to consider a career in industry and give them a taste of what it is really like to work in this sector.
This was the third year that the event took place. It comprised seven thematic and professional workshops, sixty speed-recruiting sessions for internship positions and a lot of conversations with Hager Group employees. This year a fifth regional school came on board and joined the initiative.
Étienne Gancel, Industrial Engineering Director at Hager Group and head of the project, said, “Improving diversity in terms of gender and culture allows the Hager Group to become very intercultural (with 85 nationalities currently represented), which attracts more talent and makes our teams more effective and creative. For two years now we have been encouraging female students to consider working in R&D or industrial engineering, sectors where women only make up five per cent of the workforce.”
Once again, Hager Group CEO Daniel Hager launched the event with a speech in which he confirmed his conviction that “diversity is an asset for the future” of the group.
So what did the students think? One fourth-year female student said, “I really appreciated the atmosphere here at Hager Group today. It is communicative and open, and people are interested in our skills rather than our gender, so I could imagine working here.” Sonia Wanner, Director of ECAM, an engineering school in Strasbourg, said in conclusion, “The fact that an international company such as Hager Group is so exemplary in terms of diversity sends out a strong message that is capable in itself of bringing about great changes, especially as it is backed up by specific actions. ”
Once again, the team behind ‘Ingénieur’e : oser’ achieved their objective and the event was a great success. Don’t miss next year’s edition!
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Sunday August 4 9:00 PM / 8:00c
Sunday August 4 9:00 PM
Saturday August 10 9:00 PM
Sunday August 11 9:00 AM
Aurora Teagarden Movies
Marilu Henner
With the energy of a teenager, the wisdom of a sage, and the memory of a super hero, Marilu Henner has deservedly earned the nickname “Perpetual Motion.” Along with starring in over 30 films, six Broadway shows, and two hit classic sitcoms, “Taxi” and “Evening Shade,” this five-time Golden Globe® nominee is also a New York Times best- selling author of 10 books on health, parenting, memory, and lifestyle improvement. Her books, including bestseller Changing Normal: How I Helped My Husband Beat Cancer, as well as Total Health Makeover, The 30-Day Total Health Makeover, Total Memory Makeover, I Refuse to Raise a Brat, Healthy Life Kitchen, Healthy Kids, Healthy Holidays, Wear Your Life Well, and By All Means Keep On Moving, have changed the lives of millions in her quest to make the world a healthier place.
Along with hosting her own nationally syndicated radio show, “The Marilu Henner Show,” Henner has previously hosted and executive produced two talk shows (“Marilu” and “Shape Up Your Life”), and has guest-starred on most major talk shows, earning her the title “Talk Show Guest of the Year” several years in a row. As a two-time competitor on Donald Trump’s “Celebrity Apprentice” (2008) and “Celebrity Apprentice All-Stars” (2013), she made it to the Final Five and played for her favorite charities: The Physicians’ Committee for Responsible Medicine (PCRM) and the Alzheimer’s Association. In fact, at PCRM’s 25th Anniversary Gala, she was awarded their Voice of Compassion Award.
As one of only 12 people documented with Highly Superior Autobiographical Memory, Marilu was the subject of a three-part special on “60 Minutes” and on “60 Minutes Australia,” as well as news programs and newspaper articles around the globe. She also served as the consultant on the CBS series “Unforgettable,” which premiered in the fall of 2011. Her ninth book, Total Memory Makeover: Uncover Your Past, Take Charge of Your Future! was released in 2012 and became an instant New York Times and Publishers Weekly bestseller. The release of her book was followed by a national multi-media book tour, which included appearances on “Nightline,” “Good Morning America,” “The View,” “Anderson,” “Piers Morgan,” and “The Talk,” to name a few. Her tenth book, Changing Normal: How I Cured My Husband’s Cancer, was released in 2016 and became the number one book on Amazon its first day.
With an acting career that continues to thrive, Henner most recently starred in feature films Life with Dog, In-Lawfully Yours, Vamps, and film festival darling Imperfections. She co-stars with Candace Cameron Bure in the ongoing Hallmark Murders and Mysteries “Aurora Teagarden Mysteries” series, based on the books by Charlaine Harris. Some of her other Hallmark films include “Love on a Limb,” “Hitched for the Holidays,” “June In January,” and “High School Holiday Reunion.” Henner also starred in the finale of “Two and a Half Men” (playing Ashton Kutcher’s love interest!), in a recurring role on the Golden Globe®-winning sitcom with Andy Samberg, “Brooklyn Nine-Nine,” and as Robin Williams’ ex-wife and Sarah Michelle Gellar’s mother on the season finale of “The Crazy Ones.” Additionally, she co-starred (as Masha) with Christopher Durang (as Vanya) in his Tony Award winning play Vanya and Sonia and Masha and Spike at the Bucks County Playhouse. Henner also tours around the country in her one-woman show, A Memorable Evening with Marilu Henner!
Henner was a pioneer on the Internet, starting her own website, Marilu.com in 1999. In 2000, she began teaching online classes for her growing membership, as well as offering online counseling and support along with her 20 coaches who teach her Total Health Makeover (THM) lifestyle.
She has spoken before Congress on seven occasions about various subjects ranging from dietary supplements, to women’s cardiovascular disease, to The Child Nutrition Reauthorization Act of 2010, to the Veggie Caucus, to deadbeat parents. She was also one of only two private citizens selected to contribute to the shaping of our government’s food pyramid. In January of 2014, she again faced Congress to present her recommendations for the 2015 Dietary Guidelines for Americans. Henner frequently lectures throughout the country as a keynote speaker and motivator for professional organizations, universities, government agencies, interest groups, and corporations on topics including memory, diet and fitness, women’s health issues, cardiovascular disease, cancer survival, and child rearing, as well as lifestyle, entertainment, and business organization strategies.
In 2016, she competed on the 23rd season of “Dancing with the Stars” on ABC reaching the quarterfinals with partner Derek Hough.
Marilu Henner is married to Michael Brown, CEO of Browntrout Publishers, and is the busy mother of two college boys, Nick and Joey. Because she practices what she preaches, Marilu has truly become the quintessential portrait of what health and fitness can do for one’s life, and she loves to give back to her community in so many ways!
Aurora Teagarden Mysteries: A Game of Cat and Mouse Cast
Niall Matter
Peter Benson
Det. Arthur Smith
Sally Allison
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Home MissouriMO Saint Louis County
Headache Acupuncturists in Florissant, MO
Area auto widened to Saint Louis County - no Headache Acupuncturists were found in Florissant, MO.
Jing Shen L.Ac. Omd
Chesterfield, Missouri 63005
"Jing Shen, L.Ac., O.M.D., national NCCAOM certified acupuncturist and herbologist, and licensed acupuncturist in state of Missouri. She received formal training and graduated from Chengdu University of Traditional Chinese Medicine. Dr. Shen has over 13 years of experiences in acupuncture and Chinese herbal medicine. Dr Shen's top specialties including 1) Cosmetic/Facial Rejuvenation Acupuncture and/or holistic micro-needling; reverse the aging process or fix cosmetic issues without surgery and injections. 2) Women's infertility. She has helped so many people reached their family dreams with inexpensive natural holistic approaches. Visit our website at www.tcmclnic1.com for more information."
Authentic Oriental Healthcare Center, LLC
Acupuncturist, LAc, OMD, PhD
Richmond Heights, Missouri 63117
"St. Louis licensed Acupuncturist and Oriental Medicine Doctor, Dr. Shanna Zhang is a specialist in the both area of Acupuncture and Herbal Medicine. She has successfully treated a wide range of diseases, and she has great experiences in: Pain relief, Migraine, Arthritis, Anxiety, Depression, Stress, Allergies, Sinusitis, Asthma, Skin Conditions (Eczema, Candida, etc), Infertility, Menopause, PMS, PCOS, Endometriosis, and many other women's health issues. Dr Zhang's experience and knowledge in acupuncture and Oriental Medicine allows her to continually excel in healing numerous patients and help them seek better quality of life."
F. Afua Bromley
Acupuncturist, Dipl.Ac, L.Ac.
Saint Louis, Missouri 63119
"I view health and healing as a partnership. My specialties are Women's Health, Sports Medicine (weekend warriors to the professional athlete), Chronic disease management(including cancer support) and Pediatrics; however, I do see a wide range of patients. I do use a combination of acupuncture, customized herb therapies where applicable, as well as food therapy and lifestyle counseling. It is very important to me that my patients feel empowered to regain control of their health."
Lily Hongbo Liu
"Dr. Lily Hongbo Liu, OMD, PhD is one of a few acupuncturists who hold both an MD and PhD degrees with oriental and western medical training. She graduated from ShanDong University of Traditional Chinese Medicine (TCM) in 1988. After she practiced Chinese medicine and acupuncture in Chinese hospital for over ten years., she moved to Japan to earn her PhD of Medical Sciences at Kyoto University in 2005. Then she came to Washington University Medical School for her post-doctoral fellowship. Now she is a national certified acupuncturist by NCCAOM, as well as a licensed acupuncturist in state of Missouri."
No more Headache Acupuncturists in Saint Louis County - Try other Acupuncturists below
Missouri - MO
Maureen Fox Acupuncture
Acupuncturist, RN, LAc
Webster Groves, Missouri 63119
"Maureen Fox RN, LAc has the benefit of training in both Western and Eastern medicine, with an undergraduate degree in nursing and a graduate training in Traditional Chinese Medicine. "I believe traditional Western medicine is at its best in emergency life-and-death situations, and Eastern medicine's strength lies in improving the quality of life, and strengthening the body. The aim of my treatment is to resolve the root cause of the problem as well as the symptoms. I believe that the human body is amazingly adaptive and, with some help, is capable of healing. ""
Stephen Jay Feldman
Acupuncturist, DC, FIAMA
Kirkwood, Missouri 63122
"I have been in practice for 22 years, and have had the privilege and honor to assist hundreds of people pursuing a natural and effective healthcare, and an answer for their problem. It is rarely easy, especially because problems become compounded due to delay, western medicine approaches, and certain lifestyle choices. We all hope for and want good health, to feel good most of the time, and to feel great some of the time, but things happen that put us in the cross-hairs of worrisome health issues.Common, are the side effects of stress, sleep deprivation, and poor diet."
Headache Acupuncturists
If you're looking for acupuncture for headaches in Florissant or for a Florissant headache acupuncturists, these headache specialists provide headache relief, and headache treatment. They include acupuncturists for headaches Florissant or acupuncture Florissant headache professionals, and headache acupuncturists. They can help with cluster headache and sinus headache.
Acupuncture in Florissant - is it right for me?
Acupuncture is based on the concepts of oriental medicine or traditional Chinese medicine (TCM) and is one of the oldest healing practices in the world. Florissant acupuncturists are health care professionals who evaluate and treat the many conditions, aches and pains that respond to acupuncture.
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Home MarylandMD Montgomery County Bethesda
Women's Health Acupuncturists in Bethesda, MD
Zoe Dee Brenner
Acupuncturist, LAc, DiplAc, DiplCH, FNAAOM
"My goal in treatment is to support you in enhancing your vitality and self healing capacities while addressing the symptoms or ailments that brings you to treatment. I believe treatment should have you feel more calm and vital with added resilience to deal with the stresses of life. I aim to help relieve the pains and restrictions that can arise from stress and move towards balance."
No more Women's Health Acupuncturists in Bethesda - Try other Acupuncturists below
Jasmine Lister
Acupuncturist, L.Ac
"Your practitioner, Jasmine Lister, L.Ac is a graduate of the top and most prestigious acupuncture school in the US, Oregon College of Oriental Medicine (OCOM). In the Spring of 2018, she was awarded the prestigious Trudy McAlister Foundation Scholarship, and was awarded OCOM’s Community and Service Scholarship (2016-2017). Currently, she is She has had over 3000 hours in TCM training, 1000 clinical hours, and has seen over 400 patients since her internship. "
Holly Liu
Acupuncturist, LAc, OMD, CMD
"Dr. Holly Liu is the creator of Chinese-MD in Rockville Town Center. This is a new group of Chinese doctors and specialists who provide a wide array of alternative medical services. Dr. Liu is a highly regarded doctor of medicine from China. At age 16 she obtained a Primary Physician Diploma in Western Medicine. At 21, she had obtained her medical degree in Western Medicine and completed a 3 year residency at a major Chinese General Hospital. Later she obtained her Traditional Chinese Medical degree."
Maureen Meng
"I worked as Acupuncturist since1990,licensed by NYS and MD for 26 years (including China,London,New York City and Maryland.when I worked in Manhattan and owned an office of the same name(EAST NATURAL THERAPY) .I have worked for many famous actors,"
Changping Yao
Acupuncturist, LAc, CMD, DiplAc
"As a longtime acupuncture practitioner and brain research scientist in the Greater Washington DC Area, besides treating acupuncture indications, Changping Yao provides innovative therapies to treat PTSD, Parkinson's disease, cancers and the other complications."
Hong Lin
"New office! My patients tell me that my unique gift is that I help them tap into their own healing power, and they really can sense my healing power during the treatment. The Chinese medicine I practice truly brings all the essential elements of a healthy life to my patients. I not only use acupuncture and herbs, but also instructions on diet and life style changes, calming techniques, exercises, self-massage, etc. I believe a comprehensive healing method applied by both practitioner and patient is mostly beneficial to heal the patient's particular condition, to improve his/her general well-being."
Jing Wang
"Jing Wang graduated from Beijing University of Traditional Chinese Medicine in 1988. Between 1988 to 1992, she worked as a physician in a hospital in Beijing and moved to the US in 1992. She was a professor in Southwest Acupuncture college on the Boulder campus between 1997 to 2002 and held a private practice in Boulder, Colorado. She has had a private practice in Maryland since 2003."
Nikki Richman
Acupuncturist, MAc, LAc
"I am passionate about health & wellbeing and helping people feel their best. Prior to training as an acupuncturist I worked in the field of psychology with adults and adolescents with mental health and emotional issues for over 10 years. Observing how a person's emotional health affected their physical health and how a person's physical health affected their well-being I wanted to retrain in a modality that could address both issues. I began my Acupuncture training in England and studied there for three years, before moving to the US and training for a further three years."
Hena Tavakoli Shomali
Acupuncturist, ND, L.Ac
Gang Peng
Acupuncturist, CMD, PhD, LAc
"I graduated from Beijing University of Traditional Chinese Medicine 1982 (Bachelor of Medicine) and practice acupuncture in Rockville and Bethesda, Maryland. I also do acupuncture at National Institutes of Health as a member of pain and palliative care team. My main interests have been on pain management, sport injury, inflammation (such as arthritis, tendonitis, gastrointestinal problems) and neurological diseases (essential tremor, Parkinson's disease, dementia and ADHD). I am also an immunologist researching on inflammatory and infectious diseases. I was NIH research fellow and has a Ph.D. in biochemistry (Wayne State University 1992)."
Good Acupuncture & Herbs Clinic
"Heejin Kim L.Ac. is a Board Certified Diplomate in Acupuncture from the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM). She is also certified by the Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) in Clean Needle Technique and she is state licensed as a Licensed Acupuncturist in VA and MD. She has more than 10 years of clinical practice in Acupuncture and Chinese Herbal Medicine in China and the U.S."
Sports Injury Therapy Clinic
Acupuncturist, LAc, LMT, OMD
"As co-founder of Sports Injury Therapy Clinic, I have been practicing acupuncture here along side Dr. Yong Chen for over 25 years, in the United States, and over 30 years, including our practice in Chengdu, China. We offer the unique combination of western medical rehabilitation therapy and the clinical pratice of Traditional Chinese Medicine, Acupuncture, tuina acupressure and herbal remedies, which have helped thousands of patients receive natural relief from injuries, chronic pain, stress and achieve their general health needs. The doctors of Sports Injury Therapy Clinic give patients the natural relief from stress and pain in a caring and responsive atmosphere."
Stephanie Mwangaza Brown
Acupuncturist, LAc, Reiki, Herbs
"Do you want to address your health concerns with a natural process? Do you want to know what is going on and how to prevent problems from recurring? Do you want to reap the multitude of benefits that being in balance brings? If yes, then let me partner with you to take care of your health. I am a licensed acupuncturist (2006), an herbalist (2017), a Reiki master (2000) and a certified color therapist (1998). I have dedicated my practice to physical health care: pain management, women's health, et al.; mental health care: stress, anxiety, depression and more, and facial rejuvenation."
Helena Amos
Acupuncturist, LAc, MAc, MD(Eur)
"Allergies to food or environment, GI problems, Sinusitis, Eczema, Fatigue, Adrenal,Menopausal issues,Asthma, Pain, Arthritis,Headaches, Lyme Disease, Pediatrics. In Clinic- Health Assessment is done and then acupuncture as well as nutritional, detoxification,homeopathic drainage remedies protocol is assigned. Well established and proven whole health approach, over 20 years of development. Also we specializing in facial cosmetic acupuncture with micro current toning and herbal masks."
Jessica Liberman
Acupuncturist, LAc, MAc, MOM
"I combine multiple styles of acupuncture, which I have studied in the U.S. as well as overseas. I tailor my treatments based on pulse diagnostics and the individual needs of each patient. My mission is to help each of my patients heal physically, mentally, and emotionally. I have successfully treated:"
Sheryl L Hongsermeier
Acupuncturist, LAc, RN, DiplAc, DiplH
"Hello! I am Board Certified in both acupuncture and Chinese herbal medicine & have 35 years experience as R.N. I have been practicing Chinese Medicine for 12 years. I have great success in working with people meet their health challenges which include pain, injuries, and Internal Medicine problems. My patients report that their lives are richer and more satisfying because how much better they feel."
Zhisong Chen
"I specialize in management of pain, allergy, infertility, side effects of cancer chemo-radiotherapy, and more. I received my O.M.D. from Beijing University of Chinese Medicine in 1995, completed my residency in the First Hospital of Guangxi University of Chinese Medicine in 1997 and my fellowship in Chinese and Western Integrative Medicine in Guang'anmen Hospital, China Academy of Chinese Medical Sciences in 2000. I have been the Director of the Outpatient Department in Haidian Hospital of Chinese Medicine, Beijing, China, and a Senior Lecturer at the Institute of Chinese Medical Studies, Singapore."
Hongyan Yang
Acupuncturist, LAc, LMT
"I am Dr. Yang, L.Ac&LMT., who provides alternative therapy for pain and other ailments. Before finding out about Chinese Medicine, I had Medical Degree in Preventive Medicine, and PhD Degree in Bio-Medicine. In the USA, I first did some scientific research in NIH on infectious diseases and drug development for cancer. In 2006, my chronic postpartum pain, was greatly reduced by massage. This experience made me become a licensed masseuse and worked in the best massage clinic in Virginia (Rejuvenation Massage Therapy). While I was doing therapeutic massage, I recognized how effective the acupuncture points are."
Sung Up Hong
Acupuncturist, LAc, MAc
"At Chevy Chase Acupuncture, my mission is to provide you with the best possible care of your acute and chronic pain. I believe in comprehensive management. As a 3rd Generation Acupuncturist, I have learned to appreciate both traditional medicine and Western medicine which can enhance the treatment effect in patients. I specialize in pain control, sport medicine, spinal rehabilitation and balancing treatments."
Holistic Acupuncture
"My treatment philosophy is rooted in my passion and clinical study of the classic Chinese medicine, and is supported with the latest scientific findings. This philosophy allows me to take the holistic approach designed to treat body-mind-spirit as a whole person, therefore tapping into the amazing healing power of each patient. My treatments are individualized by applying the classical methods and techniques passed down in my family for generations, and by applying the modern advancement in the field."
Not enough Women's Health Acupuncturists to choose from?
Try expanding your search for Women's Health Acupuncturists in Bethesda to a larger area (e.g. Montgomery County, Maryland)
Women's Health Acupuncturists
If you're looking for acupuncture women's health in Bethesda or for a Bethesda women's health acupuncturist these professionals provide women's health help. They include women's health acupuncture Bethesda professionals, women's health acupressure professionals, and women's health acupuncturists Bethesda. They can help with female health, women's health fitness and referrals to women's health practitioners.
Acupuncture in Bethesda - is it right for me?
Acupuncture is based on the concepts of oriental medicine or traditional Chinese medicine (TCM) and is one of the oldest healing practices in the world. Bethesda acupuncturists are health care professionals who evaluate and treat the many conditions, aches and pains that respond to acupuncture.
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Cheshunt remembrance service to take place this weekend in memory of servicemen who saved town from mass destruction
The brave actions of the men limited civilian casualties to just one
Charlotte Page
The grave of WWII pilot Lieutenant John D Ellis
A moving remembrance service will be held this weekend in memory of the ten American servicemen who lost their lives saving Cheshunt from mass destruction.
On August 12, 1944, the town came close to being destroyed when an aircraft full of payload explosives came tumbling from the sky.
The young men on board, led by pilot Lieutenant John D Ellis, sacrificed their lives by steering the B24 Liberator bomber - flying to France from Norfolk – away from buildings and into a field owned by Maxwell Farm.
David Parnell, trustee of the Liberator Memorial Cheshunt, said: “As November approaches and with the centenary of the end of WW1 still in our minds, November is traditionally a month when we all have the opportunity to pause and remember the sacrifices made during times of conflict involving our country.
“At 10.45am on November 3, some of us will also be remembering the ten young American airmen killed in the very midst of our town of Cheshunt on August 12, 1944.”
The brave actions of the men limited civilian casualties to just one girl who recovered from a coma.
Sadly, all servicemen on board lost their lives.
The memorial plaque dedicated to the Ellis crew
“This was a tragedy that shook the town to its core with an outpouring of grief and yet how many of us are aware of the memorial plaque reminding us of that dark day which still exists in Cheshunt library,” continued Mr Parnell.
“Details of this disaster have been well documented over the years, but I was recently reminded of the effect it really had on the town whilst undertaking some work for a 90-year-old Cheshunt resident who described the event as ‘the town’s darkest hour'.”
Mr Parnell explained that newspaper articles at the time described the moments before the fatal crash and how the aircraft appeared to desperately circle for a landing site where the least amount of damage would be caused.
He continued: “It went on to say that after a vain attempt to gain some height it tragically nose-dived and hit the ground.
Witness of Cheshunt 1944 plane crash describes 'blazing inferno' as servicemen save town from complete destruction
“All ten crew on board perished in the subsequent fireball that followed.
“Residence of Hillside Crescent and Hillside Avenue paid tribute to the pilot and; co-pilot for skilfully avoiding not only their homes but many others in the town.”
Their heartfelt act of bravery resulted in a a ‘bomber fund’ committee set up - organised by vicar of Cheshunt Reverend Wilfred B Belcher MC.
Funds raised were intended to help the bereaved airmen’s families and over a period of several weeks a team of 26 community members gathered donations in Cheshunt and Waltham Cross.
The fallen soldiers honoured at the Lieutenant Ellis Way memorial in November 2017
The total sum raised including that from individuals was £206 19s 5d - £8,915 in today’s terms.
"Some of the funds were used for two identical bronze memorial plaques to be made bearing the crew's names and brave act of avoiding the town from disaster," Mr Parnell said.
"One was placed in the new town hall library, where it remains to this day, whilst the other was placed close to the graves of the deceased at the U.S Military Cemetery Madingley near Cambridge.
"The remainder of the fund would be assigned to the American Red Cross.
Everywhere that was bombed during The Blitz in Cheshunt and Waltham Abbey
"A few weeks later the Rev Belcher received a letter from Col Lorin L. Johnson, commanding officer of the airman’s base at Wendling Norfolk.
“He warmly acknowledged the kind donation gift and thanked all concerned for such an honourable remembrance.
“He also advised that families of the deceased airmen had been informed of this great act of kindness from the town.
The memorial remembers all ten servicemen
“Col Johnson said a decision had been made to forward the allocated fund to the town of Freckleton in Lancashire where on August 23, that year a B24 Liberator had crashed onto a school and burst into flames during a ferocious thunderstorm.
“Thirty four children under the age of seven were killed instantly together with 18 adults.
“Four more children and five adults died shortly afterwards from their injuries taking the death toll to 61.”
Putting Cheshunt on the map
Mr Parnell said: "At Madingley U.S Military Cemetery the designated plaque to the Ellis crew was hung on the wall of the site chapel.
"However, when the site was redeveloped during the mid-1950 the small chapel was demolished.
"At the same time the American Battle Monuments Commission (ABMC) decided to prohibit the installation of individual memorial plaques on site walls for fear of its cemeteries being overwhelmed with them.
"However, because the solitary plaque to the Ellis crew was already in place on the site it was allowed to stay and was reassigned an alternative position on the wall of the newly built visitors centre.
"To this day the memorial plaque to the Ellis crew on the wall of the Madingley visitors centre remains the only one of its kind dedicated to a U.S air crew on the wall of any U.S Military cemetery anywhere in the world."
A service of remembrance to the Ellis crew will be held on Saturday, November 3, at the Liberator Memorial at St Mary’s School entrance, Lieutenant Ellis Way, Cheshunt.
The service will start at 10.45am.
All are welcome and those attending are advised to bring a camera. There is parking available in the school car park.
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Madrid Abierto 2010 with Teddy Cruz
The haudenschildGarage participated and supported the project Vallecas Abierto: How is your art going to help us?, a public art intervention by architect Teddy Cruz with M7Red and Iago Carro at MADRID ABIERTO 2010.
MADRID ABIERTO by Cecilia Andersson
This first edition of MADRID ABIERTO is a biennial with the theme of collaboration. The ten commissioned artists probe into terrains that often remain in obscurity and/or silence. The open call for works spans across disciplines and for artists who situate their work within the social realm of art practice and audience participation.
For this MADRID ABIERTO, directed by Jorge Díez and curated by Cecilia Andersson, ten artists and groups have initiated a multitude of processes engaging a broad range of participative collaborators that currently are being carried out in various locations around the city: Time Notes by Gustavo Romano (Buenos Aires, 1958), Torre by Pablo Valbuena (Madrid, 1978), Unofficial tourism by Iñaki Larrimbe (Vitoria, 1967), Huert-O-bus by Lisa Cheung (Hong Kong, 1969), Ghostown by Laurence Bonvin (Sierre, Switzerland, 1967), Una Casa Digestiva Para Lavapiés by Josep-María Martín (Ceuta, 1961), Campo AA-Madrid by Adaptive Actions, Hucha de deseos: ¡Todos somos un barrio, movilízate! by Susanne Bosch (Wesel, Germany, 1967), Bajar al subterráneo recién excavado/Going down to the recently excavated underground passage by Lara Almarcegui (Zaragoza, 1972) and Vallecas Abierto: ¿Cómo nos van a ayudar con su arte? by Teddy Cruz (Guatemala, 1962) with M7Red and Iago Carro.
Vallecas Abierto: How is your art going to help us?
Text by Teddy Cruz with M7Red & Iago Carro
From the global border to the borderneighborhood
Architectural investigation by the artists at the border between Tijuana (Mexico) and San Diego (California) has focused on observing the trans-border urban dynamics between these two cities through the current politics of surveillance and immigration, the conflict between formal and informal urbanisms and economies, and the tensions between enclaves of mega wealth and the rings of marginality and poverty that surround them. These critical issues, they argue, characterize the contemporary metropolis everywhere.
The multiple dividing vectors that operate at global scales between geopolitical borders, natural resources and communities end up inscribing themselves locally, at the scale of the contemporary neighborhood.. It is here where global conflict takes on a particular specificity, becoming local crisis characterized by the lack of affordable housing, jobs and public and social infrastructures.
This is the way in which Cruz' work has focused on the micro scale of the urban neighborhood, understanding it as a site of production, where new conceptions of economic and social sustainability, housing and density may be amplified. This process has motivated the artists to question the role of architecture and art as producers of new interactions between physical space, alternative programs, institutions and communities.
The façade of Casa de America as a production site
The artists' proposal for MADRID ABIERTO intends to extend this investigation and adapt it to the context of Madrid and the façade of Casa de America. Beyond a singular and only visually protagonist intervention, their proposal has to do with facilitating triangulations across institutions, social actors and networks, economic resources and a specific neighborhood of Madrid. Instead of intervening upon the façade of Casa de America, their interest is to work inside of it, literally activating it with a work-program, a platform of collaboration with other Spanish and Latin American artists, architects and social activists. Their main intention is to transform the façade into a site of production, within which to conceptualize and generate a parallel project that will be enacted once MADRID ABIERTO ends. To produce and event after the event.
A collaboration
Teddy Cruz proposes to activate the façade by producing a critical, interdisciplinary collaboration. This project is developed mainly by Cruz in collaboration with the collective M7Red, from Buenos Aires, Argentina, led by architects Mauricio Corbalan and Pio Torroja. Teddy Cruz conceives this initial collaborative process as an ‘artist in residency' program inside MADRID ABIERTO (a program inside the program), transforming this intervention in Casa de America into a platform for cultural exchange, facilitating and promoting the presence of Latin American architects and artists in order to create contact with local dynamics inside a neighborhood of Madrid.
A neighborhood: Puente de Vallecas
The artists have chosen Puente de Vallecas as the neighborhood to operate because of its history as a critical threshold in the margins of the urban structure of Madrid, with a significant amount of immigrant population and because of its associative and activist network. Inside this neighborhood, they have selected a series of agencies and social actors that will be part of the project, including Vallecas Radio, Asociación al Alba and Asociación Cultural de la Kalle.
The open façade
The elements that constitute the physical intervention of the façade are minimal: a text and a ladder. 1. The text contextualizes the intervention in an emblematic way, by posting on the façade a question that was made by a Paraguayan immigrant to a group of artists during a dialogue in Villa 31, an informal settlement inside Buenos Aires, in which Teddy Cruz and M7Red participated. "How is your art going to help us?" is the question they have decided to bring from Buenos Aires to place it on the façade of Casa de America and making it the background for their project during this edition of MADRID ABIERTO, suggesting the necessity to investigate a more functional relation between research, artistic intervention and the production of the city. 2. The ladder is the physical element that enables the artists to ‘penetrate' the façade while activating it internally, using theInca Room as the scenario for a series of working meetings between different publics and activists from the neighborhood.
The architecture of a Conversation
The working meetings will be orchestrated and conceptualized by Teddy Cruz and M7Red, who will suggest a criteria that can give shape to the conversation and, eventually, to an alternative project towards the neighborhood. These are some of the initial topics related to the content and general parameters of the event:
- Questioning the role of artistic practices in relation to the current real estate crisis and the shortage of socio-economic resources and public infrastructure.
- Putting forth the question of the Participative Budget: The idea of generating a seed economic capital that can emerge from MADRID ABIERTO's budget to support an artistic intervention in Puente de Vallecas, while connecting it to other public resources, processes of action and urban imagination, inside and outside the State.
- Creating a process to locate dispersed resources, without a previous idea of their application, so that the different actors and the public can together configure critical relations between these resources and diverse spatial and temporal dynamics, using the façade as an interface between this way of thinking in ‘real time' and the city. .
- Apart from the scheduled meetings that will be held inside the façade among the social actors (activist practices) of Vallecas, who, in turn, will generate the intervention in the neighborhood, the artists will also choreograph exchanges with the general public. During three separated meetings, the Inca Room will be opened from the façade in order to invite a group of people, some of them chosen by the actors, others institutionally affiliated and from diverse sectors. During these three meetings a ‘mini-performance' will be elaborated inside the Inca Room where actors and M7Red will create a public update of the conversation and the diverse mappings of the neighborhood.
-The façade of Casa de America will potentially ‘double' on the Internet, and in some strategic site inside the neighborhood. The artists are interested, for example, in the possibility of duplicating the façade several times.
- For the artists, an essential part of this project is to leave an institutional trace, once MADRID ABIERTO concludes, the foundation towards an architecture of collaboration among activists groups in a critical Madrid neighborhood. It is then when the actual project of MADRID ABIERTO will begin.
About Teddy Cruz
Teddy Cruz was born in Guatemala City. He obtained a Master in Design Studies at Harvard University in 1997 and established his research-based architecture practice in San Diego, California in 2000. He has been recognized internationally for his urban research of the Tijuana-San Diego border, and in collaboration with community-based nonprofit organizations such as Casa Familiar, for his work on affordable housing in relationship to an urban policy more inclusive of social and cultural programs for the city. In 1991 he received the prestigious Rome Prize in Architecture and in 2005 he was the first recipient of the James Stirling Memorial Lecture On The City Prize, by the Canadian Center of Architecture and the London School of Economics. In 2008 he was selected to represent the US in the Venice Architecture Biennial and he is currently a Professor in public culture and urbanism in the Visual Arts Department at University of California, San Diego.
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How The Lazy Makoti is Making South African Cuisine Sexy
Mogau Seshoene, aka The Lazy Makoti, is shining a spotlight on traditional cooking through her cooking classes and successful cookbook.
Posted: 04 March 2019
It all started when Mogau Seshoene’s friend asked her to teach her how to cook. Terrified at the prospect of being a labled a bad or lazy makoti (daughter-in-law) who didn’t know how to make traditional dishes, the friend tried to find cooking classes to help her, but there were none. Thus, The Lazy Makoti was born.
‘My friend came to me, and said, "You know how cook this food, please show me",’ Seshoene recalls. ‘I did. Then she recommended my "classes" to friends, who recommended me to others, and before I knew it, I was doing classes every weekend.’
Cooking was engrained in Seshoene from a young age. She hails from Polokwane, where her mother and grandmother taught her how cook. Cooking was something that was expected, but it was also more than that for Seshoene: it was something she loved doing. So it was strange for her when she arrived in the city to study and discovered that many people didn't know their way around a kitchen. And when her cooking classes started taking off, she realised that around her, people had a real desire to embrace their culture.
ALSO READ: Mom's Cooking: I Got it from My Mama
‘I was so overwhelmed by the demand for my cooking classes. I realised that heritage has become so important. People are embracing where they come from and want to know more – including in the kitchen,’ Seshoene says. She was working in a corporate job at the time, but soon decided to follow her passion and pursue cooking full time. She quit her job, got a culinary arts qualification from Chefs Training and Innovation Academy in Centurion, and hit the ground running with The Lazy Makoti.
‘I started to evaluate how I felt in the office versus teaching,' she says. 'I was so much happier teaching, so I decided to pursue it full time. There was a bit of conflict in me when making the change – the practicality of it worried me. There were a lot of people asking me what I was doing. It’s a very unconventional path, but I shut out the voices and decided to go for it.’
The Lazy Makoti has now transformed from an inside joke to a successful brand that Seshoene uses to champion South African cuisine. In addition to her classes, she has released her first cookbook and is on a mission to highlight and preserve South African culture.
On the state of South African cuisine, Seshoene says, ‘I stumbled on the United Nations Lists of Intangible Cultural Heritage and the Register of Good Safeguarding Practices, which is a list of things like art, music and food that need to be preserved. On the food front, there was Italian, French and Japanese [cuisine] – nothing African was featured. I didn’t understand why we had to protect pasta, but nothing from my continent or culture was represented. I decided that we are the ones who have to do the work to protect our heritage. It is up to us.’
For Seshoene, the only way to do this is through educating people about traditional cuisine, starting with black people.
‘Lots of black people don’t want traditional food in commercial settings, because they think that it’s not fancy enough. They would rather "upgrade" and have Italian or French food. This must change. But there are people who are pioneering the way in changing this, like Chef Coco from Epicure in Joburg who creates fine dining dishes with traditional food.’
Seshoene knows that we're living in a time when Black Panther is an Oscar-nominated film, more people are transitioning to natural hair and African pride is at its highest – and when it comes to South African cuisine, The Lazy Makoti is at the forefront of this great new wave.
ALSO READ: Q&A with Yo Coco Founder Sinenhlanhla Ndlela
In a series inspired by the inaugral FOOD XX Symposium and Awards, House and Leisure tells the stories of five remarkable women who are disrupting and improving the food industry.
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Hard cases and hot chicks.
Posted by Alison Willmore on July 14th
Sean Bean in the LA Times: "From the time he tore off Lady Chatterley‘s knickers 12 years ago (to say nothing of the saucy sex that followed, and this on the BBC), he has been a national sex symbol — every middle-class woman’s fantasy ‘bit of rough,’ as the upmarket press likes to put it."
Scarlett Johansson in the Telegraph: "We were running around 14 hours a day and it was draining. We were all banged up and wounded. My knee was permanently bruised and I also hit my head, which was bad. Ewan in particular had some gory-looking injuries. But that’s just the casualties of war, because it’s such a big film and you know that time is money, so you get horribly wounded."
Tim Roth in the Independent: "I was in a bar in New York on Hallowe’en one time – one of those where you can find a quiet corner in a very loud bar – and a whole ton of people came in as the ‘Reservoir Dogs’ characters. A couple of guys were playing me – quite handsome they were!"
Asia Argento in the Guardian:"After ‘xXx’ came out, because of all the publicity, I was wearing Prada and going to the gym, and I had an agent in LA and all this shit that I’ve avoided for years. I felt that was expected of me, that I had to be a sexy bombshell. I started receiving all these offers for these kick-ass chick sort of roles. But it didn’t make me very happy, to tell the truth, and after giving birth, it all felt different."
Johnny Depp in the London Times: "The other day I said to Tim [Burton] that I would shoot anything with him. And he said: ‘Well, next I’m going to do the Gypsy Rose Lee story.’ I said: ‘Can I play Gypsy Rose?’ And he said: ‘Yeah.’ So I said: ‘I’m in!"
+ God save the Bean (LA Times)
+ Scarlett the action hero (Telegraph)
+ Tim Roth: Mr Orange lightens up (Independent)
+ Wild child (Guardian)
+ Johnny forever (Times of London)
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University of Glasgow Partnership
Dive into your academics at one of Scotland's ancient and most research-intensive institutions. There are countless ways to immerse yourself into Scottish culture at this large campus in an exciting city, whether by taking a service learning course in Public Policy, studying Functional Anatomy or even Bagpiping.
Intercollegiate Sri Lanka Education (ISLE) Program
Kandy, Sri Lanka
Develop the tools to navigate Sri Lanka as a cultural insider and informed researcher. This fascinating island is your classroom as you learn the local language, live with host families and conduct an Independent Study Project on one of its deeply-rooted traditions or contemporary post-war challenges.
University of Oxford, Mansfield College Partnership
Quirky Mansfield College was founded in 1886, as a college for nonconformist students. The inclusive tradition has continued, as Mansfield enrolls the highest number of state high school graduates. If you're looking for a tight-knit and friendly place to study, this is the place for you!
University of Oxford, St. Catherine’s College Partnership
St. Catherine's motto, Nov et Vetera, meaning the new and the old, sums up the college's attitude. Founded in 1962, it is the newest college, but it more than holds its own academically with its older siblings. St. Catherine's was designed by the famous Danish architect Arne Jacobsen and its modern architecture reflects the college's contemporary outlook.
University of St. Andrews Partnership
St. Andrews, Scotland
Have the quintessential Scottish university experience studying on the coast. Take Organic Chemistry to stay on track with your Premedical requirements, or study Scottish history or politics to understand the at times contentious role of Scotland in Great Britain and the United Kingdom. Brave the "May Dip" into the North Sea, followed by a glamorous ball and make memories to last a lifetime at St. Andrews.
University College London Partnership
If you believe in taking an informed and innovative approach to problem solving, you'll find your home at UCL. You can tackle global issues from multiple perspectives in your classes, whether that's by creating art, studying citizenship, or preparing for a career in global health.
University of Oxford, St. Edmund Hall Partnership
St. Edmund Hall claims to be the oldest educational establishment in Oxford - it was founded in 1236! You'll find that Teddy Hall, as it is affectionately known, has always had a history of independent thought. Join in that history as you present and defend your ideas with your tutor.
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The Martian (2015)
Showing all 138 items
Jump to: Spoilers (47)
Rich Purnell slips and falls after he finds a way to rescue Mark Watney and tells his boss "I need more coffee." Donald Glover revealed in an interview that he slipped for real and just got up and continued to act, and the footage was retained in the final edits for the movie.
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Ridley Scott claimed that Matt Damon's solo scenes were shot for five weeks straight, after which Damon was relieved from the schedule. Consequently, Damon did not meet most of his co-stars until the cast was reunited to promote the film.
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NASA was consulted in order to get aspects of space and space travel, specifically in relation to Mars, with the most accuracy. NASA is federally funded, yet charges no one, including private for-profit organizations, any fees for use of and access to its archives and consultancy.
A real potato farm was installed on the studio lot with potatoes in all stages of growth so they could be used for filming.
Matt Damon admitted that the scene where Mark was getting emotional upon hearing Commander Lewis' voice was genuine. The other actors had wrapped and gone home, and their pre-recorded voices were actually being played to Damon from inside his spacesuit. When Damon began to think about how his character had been all alone on Mars for two years, alongside how he was only hearing pre-recorded voices of his co-stars who had already finished their scenes, he began to tear up. Ridley Scott was so impressed with Damon's performance, that he only did one take of the scene, which was used in the film.
The atmospheric pressure on the Martian surface averages 600 Pa (0.087 psi), about 0.6% of Earth's mean sea level pressure of 100 kPa (14.69 psi). It is so low that a "fierce storm", as they put it, would be something akin to a very light breeze messing up your hair. Author Andy Weir admitted this was his biggest inaccuracy in the story. Due to the low air density sound would not travel like it does on Earth and you would have to stand next to someone and scream for them to hear you, providing you could survive the freezing cold temperature, poisonous atmosphere and lack of pressure.
In the beginning, it is mentioned that a compromised space suit would cause decompression, giving someone about a minute to live. This is scientifically correct; contrary to popular belief, acute decompression in space or a planet with very low pressure like Mars does not cause the body to immediately explode or expand. Major effects include confusion, loss of consciousness and some subdermal bleeding, but it is generally agreed that a healthy human body can survive one minute in vacuum without life-threatening consequences.
As Beck is about to take a dangerous trip outside the Hermes, Beth tells him to be careful because "In space...", an unfinished quote of the famous tagline ("In space, no one can hear you scream") from director Ridley Scott's Alien (1979). In the novel, Watney logs in that tagline in full after leaving Mars.
The "cloak-and-dagger" meeting to propose the Rich Purnell Manuever is dubbed Project Elrond after the Council of Elrond in the "Lord of the Rings" series. When this name is questioned, the first character to explain it is Henderson, played by Sean Bean. Bean played Boromir in The Lord of the Rings: The Fellowship of the Ring (2001) and was present during said council.
One of Mars's panoramic shots shows Olympus Mons, the largest discovered volcano in the solar system. It is almost three times larger than Mount Everest and covers an area about the size of Missouri.
In the novel, Mark Watney has two Masters degrees, one in botany and one in mechanical engineering. In the film, however, he has a PhD in botany and no engineering background is mentioned, although he is shown to have a knowledge of engineering and maintenance of the mission equipment.
Ridley Scott claimed that one of the most difficult scenes to direct was how to explain to the audience the hexadecimal system Watney uses as a code to communicate with Earth, which Scott admitted was hard for himself to understand.
The name of the mission is Ares 3, a homage to the Greek god of war, Ares, whose Roman name is Mars. The name of the large ship traveling back and forth between Earth and Mars is Hermes, named after the Greek god who was the messenger and emissary. Hermes was seen as the patron and protector of travelers. The Roman variation for Hermes is Mercury.
Shot in only 72 days.
The mission to Mars in the film emulates actual missions that NASA is planning for the future.
When designing the space suits in the movie, the costume designer looked at many of NASA's actual Mars suits and said they were "exactly like a Buzz Lightyear suit". From how bulky they were, even Ridley Scott disliked them, so the final designs of the suits were based on images of actual suits but aimed for a more practical approach.
On September 28, 2015 (four days before the film's scheduled US release), NASA announced that it had found evidence that briny water still flows on the surface of Mars.
The suits in the film use a very complex and actual functioning lighting system.
Author Andy Weir wrote his own computer programs using real Earth and Mars alignment data to determine the best theoretical date for the Ares 3 mission to launch.
Drew Goddard, who wrote the screenplay for the film, was also at one point set to direct, but left that role to go direct The Sinister Six film. After that, Ridley Scott read the script and jumped into the project, rather than making a Prometheus (2012) sequel.
The original cover page of the draft of the script was aboard an actual NASA ship Orion when it launched. On the cover was a drawing of Matt Damon's character on Mars saying, "I'm gonna science the shit out of this planet".
Watney digs up a radioactive power source in The Martian to use for heat. It's called a radioisotope thermoelectric generator (RTG), and NASA relies on them for long-distance space missions.
RTGs are essentially batteries powered by radioactive plutonium-238. As the plutonium naturally decays, it generates heat, and the battery casing turns the escaping warmth into electricity.
Plutonium-238 is pretty much impossible to turn into a nuclear weapon, according to the Environmental Protection Agency. Its radiation is not the kind of dangerous, skin-piercing radiation that humans have to worry about (unless it is inhaled).
Still, a nuclear battery is dangerous to have around because it's very hot.
Author Andy Weir originally wrote the novel as a serial on his blog. Writing in this serialized approach allowed him to build the story as he went, essentially crafting each plot point around something that could go wrong, and then working out how Mark would get around it. Weir noted that he could not figure his way around failure of the crucial life support systems, so if the oxygenator, water reclaimer, or RTG failed, Mark would have died.
Here's what Mars is like, according to NASA:
Mars has a reddish-orange glow during the day from all the dust.
Sunrises and sunsets appear blue because Mars has almost no atmosphere.
One day or "sol" on Mars is about 37 minutes longer than an Earth day. The natural human circadian rhythm (or sleep-wake cycle) is about 24 hours and 11 minutes, but experiments have shown that humans have no problems adapting to cycles varying from 23 hours 30 minutes to 24 hours 36 minutes; so humans would not experience major disruptions of their biological clock on Mars.
One Martian year is nearly two Earth years. That's because Mars orbits the Sun much farther away than Earth, so it takes a lot longer for the red planet to complete one lap.
The average surface temperature on Mars is a chilly minus-80 degrees Fahrenheit (minus 62 degrees Celsius). But temperatures can swing from a low of about minus-195 degrees Fahrenheit (minus-126 degrees Celsius) in winter, to a comfortable 68 degrees Fahrenheit (20 degrees Celsius) during the summer.
Gravity on Mars is only about 40% that of Earth's, so a person would be 60% lighter (but not Moon-bouncing light).
Mars has barely any atmosphere - about 1% of the density of the cozy atmospheric blanket around Earth. That's not enough to protect the surface from dangerous space radiation.
Dust storms can envelop the planet for days at a time. In the novel, these storms cause important plot points other than the initial stranding of Watney.
Much of the research and development on Prometheus (2012) was used on this film, especially the space suits.
The "steely-eyed missile man" is a reference to flight controller John Aaron's actions following two lightning strikes to the Apollo 12 rocket in its first minute after liftoff. The electrical surge caused numerous problems in the telemetry system of the craft, which if unresolved would force a mission abort. Aaron recognized the telemetry problem as similar to one seen in testing a year before, and advised that the crew to switch the Signal Conditioning Electronics (SCE) system to the auxiliary position. This control was so obscure that neither the Capsule Commander, nor the Mission Commander knew what, or even where it was, but pilot Alan Bean did, following Aaron's advice. Altering the setting immediately fixed the problem, allowing the mission to continue. Aaron's quick, calm, and effective response to the crisis earned him the appellation, widely considered to be the highest praise possible within NASA.
The buildings that represent the NASA HQ and the Chinese space centre in the film are Budapest's two famous cultural hubs that are only 3 tram stops from each other in real life.
The constellation Orion can be seen in almost every shot of space throughout the entire movie. It is even visible in the background of most scenes through the windows of the hab and Hermes.
Shooting schedules were so specific that Kate Mara and Sebastian Stan would arrive on set before sunrise and leave after the sun had already set, they applied this "isolation" to help with their characters during filming.
About 20 sets were constructed, which isn't many in comparison to other films, but they were much more "technical". To put that in perspective to other Ridley Scott films, he used 70 on Exodus: Gods and Kings (2014) and over 100 on American Gangster (2007).
The exterior Martian scenes were shot at a slower speed to simulate Mars' gravity, which is 38% of Earth's gravity. Therefore, anything on the surface of Mars needed to appear lighter and have a slight bounce to it. However, the frame rate that was desired would not allow the cameras to run in sync. To negate this, the film was shot at 48 frame per second during exterior scenes, which was then sped up to the standard 24 frame per second. This meant that much audio had to be re-recorded in post. As a result of this, syncing up audio with Mark's lips filmed at a slower frame rate would have been impossible. Ridley Scott chose to have Mark "narrate" the scenes instead of having him talk in the suit to avoid this problem.
Andy Weir (writer) stated that the only moment from the book he was disappointed to not see used in the final film, was when Mark Watney makes an audio log that goes "How come Aquaman can control whales? They're mammals! Makes no sense" after Teddy Sanders wondered what Watney was thinking about up on Mars. It can be found in the extra content on the Blu-ray release.
There was some controversy when the movie was accepted by the Golden Globes eligibility committee in the category 'Comedy or Musical', and subsequently won 'Best Motion Picture - Comedy or Musical' and 'Best Actor in a Comedy or Musical' (Matt Damon). Many filmmakers such as Judd Apatow criticized the producers' decision of submitting The Martian as a comedy as a way of not having to face strong competition in the Best Drama category. The controversy led to a rule change which states that dramas with comedic overtones should be entered as dramas, and not as comedies.
During the "Council of Elrond" discussion, Teddy Sanders states that he wants to be called Glorfindel. While many people assumed he was making a joke by creating a silly, vaguely Elvish sounding name, there is actually a minor character from the Lord of the Rings novels named Glorfindel, who is responsible for transporting Frodo on the last leg of the flight to Rivendell (the role performed by Arwen in the film), and later participates in the Council as one of Elrond's chief advisers. His name means "golden-haired," and actor Jeff Daniels has blond hair.
Small changes were made to the script during filming, in part to have better scientific accuracy. Producer Mark Huffam said, "We're working with 90% of the script that we started with".
The tent-like shelter Watney spends most of his time inside is called a "hab" - short for Mars Lander Habitat.
NASA already has working prototypes of Mars habs, complete with oxygenators, water reclaimers, and airlocks to protect astronauts from the nearly airless, radiation-bombarded surface of Mars.
The space agency also recently hosted a competition to see who could design the best 3D-printable Mars Hab. Some of the designs might actually end up on the red planet some day.
Irrfan Khan was the original choice for the role of Vincent Kapoor (originally Venkat Kapoor, of Indian origins). Because of his prior commitment to the Bollywood movie Piku (2015), he wasn't available. Chiwetel Ejiofor was then cast for the role.
Mark Watney spends a total of 568 Martian sols on Mars. Of those, 543 were spent stuck there after Ares III evacuated. In terms of Earth days, Mark spent 578 Earth days (roughly 1 year, 7 months) stuck on Mars.
In terms of the entire Ares III mission, starting from Earth departure and including the emergency Martian evacuation and the Earth/Martian gravity assists to rescue Mark, the total length was 772 sols. This means the entire Ares III mission as a whole lasted 795 earth days (or roughly 2 years and 2 months).
Saved two million dollars in the budget by completing filming ahead of schedule.
According to author Andy Weir, the story is set in 2035.
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All of the exteriors on Mars were shot inside the Korda Studios in Etyek, Hungary. Production designer Arthur Max: "We built it in Budapest in the Korda Studios, which has the biggest - the reason we went there was because it has the biggest stage in the world currently. It's as big an area as the advanced stage in Pinewood, the previous record holder. But it's 20-odd feet higher. So we also could then put up the biggest green screen in the world, a four-walled green screen. It was enough space to do a big Martian landscape, drive our rover around at speed, reset, go right around, build our habitat and later put our ascent vehicle legs." [Variety 2015]
With the exception of a few interior shots and close up shots, all of the EVA suit helmet visors (both the glass visor, and the retractable shiny gold sun visor) were created digitally. This was to minimize complications with the shiny visors reflecting green screens, studio lights, cameras, and crew members.
Whenever Mark boots up a computer (ie. when finding the MAV) a sequence of source code is seen appearing on a screen. The code is written in PVS (Prototype Verification System), an experimental macro language which NASA actually uses and it's very plausible to appear on a future spacecraft. This particular chunk of code is from the already existing NASA PVS Library, and you can find that very piece of code as open source if you type a part of it into Google.
The gate of the NASA building shown in the movie is actually the gate of the Korda Studios in Etyek, near Budapest, Hungary where many scenes of the movie were shot.
The rocket technology in this movie is based on real life plasma rockets designed and built by Ad Astra Rocket company. The company was founded by former NASA astronaut Franklin Chang-Diaz, a Costa Rican citizen.
Matt Damon plays a character named Mark Watney. "Mark" is the English version of the Latin name "Marcus," which means "of Mars."
The name of the missions to Mars are named Ares. In real life, NASA was developing launch vehicles called Ares I and Ares V, for the crew and cargo of the Constellation Program. The program was canceled in 2010 and replaced by the Space Launch System with more lift capability.
The average surface temperature on Mars is a frigid -63C (-81°F) compared with Earth's average of 14C (57°F). The length of a Martian day is 24 hours 37 minutes. The length of a Martian year is significantly longer than Earth's at 687 days. The gravity on Mars' surface is 62% lower than it is on Earth. At just 0.38 of the Earth standard (3.7 vs 9.8 m/s^2), a person who has a mass of 100 kg (220 lbs.) on Earth would have the same 100-kg mass on Mars but the weight on earth of 980 N would only be 373 N on Mars.
Andy Weir has mentioned that there is a hierarchy to the crew. In order from highest to lowest command, it goes Lewis, Martinez, Vogel, Beck, Johanssen, and Watney.
Astrophysicist Neil DeGrasse Tyson has said that this is the most accurate film in regards to astrophysics and how Mars would be if inhabited he has ever seen.
The forward antenna on the Hermes (the one with the large round dish flanked by two smaller ones) is the same as the AE-35 antenna on the spaceship Discovery, that was featured as a pivotal plot point in 2001: A Space Odyssey (1968).
When going through Johanssen's laptop, Mark finds she has copies of "Zork II" and "The Leather Goddesses of Phobos". These were 1980s computer games called interactive fiction by Infocom, in which text was used to describe scenes and the player typed in actions to make things happen. "Zork" is perhaps the most famous of those games, and the fact that Johanssen had its sequel, plus the Mars-based Goddesses game, indicates that she was a serious fan of the games (which were very popular in the 80s). Infocom had numerous titles that took place in space, and can still be found on the internet if you look hard enough.
NASA estimates a trip to Mars would take about six to eight months with current space travel technology. In The Martian, Watney and the rest of the crew use the fictional Hermes spacecraft to reach the red planet. Hermes is "the most complex and expensive object ever built," astrophysicist Neil deGrasse Tyson says in a promotional video for the film. On a real trip to Mars, we'll have to worry about the astronauts losing muscle mass and bone density while spending so much time in a micro-gravity environment. Space is also filled with dangerous cosmic radiation that can rip through a human's very DNA.
The text on the computer screen where the astronauts have their first remote conversation from ship to planet displays just like Mother, the computer from the film Alien (1979), also directed by Ridley Scott.
Apollo astronaut Eugene Cernan praised the film. Cernan was on the moon in December 1972. He is the subject of the documentary The Last Man on the Moon (2014).
Matt Damon has been nominated for the Academy Award for Best Actor in a Leading Role for his performance in this film. This makes him the only nominee in the Best Actor category of the 88th Academy Awards who was nominated for playing a fictional character. All the other Best Actor nominees were nominated for playing historical figures.
Although this film used one of the biggest green screens in history to film the exterior shots outside the Hab, the entire green screen had to be blocked out and covered over with dark materials when filming the storm sequence at the beginning. This was to allow actual use of sand and high-power fans to properly simulate a Martian storm for the actors. Filming this on a green screen would have proven difficult for two main reasons. One, the green screen is too bright and the sand blowing around would have been impossible to see, even after the CGI backgrounds were added and two, the scene was set in the middle of the night, in a storm. Therefore, no background VFX were necessary.
The landscape and environment of Mars was created through a combination of location filming and CGI.
At 1:34:50 into the film, what appear to be Star Trek Next Generation Communicator symbols can be seen etched into the windows of what is supposed to be the Chinese Space Agency Headquarters. This is actually the symbol of the China National Space Administration.
The movie starts on Sol 18 but the book starts on Sol 6.
The character identified as "CNN Reporter" in the cast list is played by CNN's actual Berlin-based correspondent, Frederik Pleitgen. "Fred," as he's known, is German, but speaks with a flawless American accent thanks in part to a German undergraduate and graduate education that focused on North America, and postgraduate studies in the U.S.
Cate Blanchett was Ridley Scott's original choice for the role of Commander Lewis, which would have marked a reunion between the actress and director after Robin Hood (2010), but Blanchett couldn't take it due to a scheduling conflict. The role went to Jessica Chastain instead.
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The rocket seen above the escalators at NASA is a Mercury Redstone.
Some scenes were filmed in Wadi Rum, Jordan. A desert valley several miles long, it has been used as a stand-in for Mars before, most notably for Red Planet (2000).
The soundtrack quotes the ping at the beginning of Echoes by Pink Floyd and the horns at the beginning of the soundtrack of Patton (1970) by Jerry Goldsmith. Echoes mentions sand (and is pretty spacey) and part of Patton takes place in the deserts of North Africa, reminiscent of the Martian landscape.
This, along with Brooklyn (2015), were the only feature films from the Best Motion Picture of the Year category to not win any awards at the 88th Academy Awards.
The opening title words THE MARTIAN vanishes bit-by-bit on every letter. It's the exact opposite as the title of Ridley Scotts ALIEN appears bit-by-bit on every letter, till the title is fully readable.
Watney likens cutting a hole in his suit glove to create a reaction control thruster to Iron Man (2008). Several of the actors in this film have starred in or are set to star in various Marvel adaptations: Sebastian Stan portrayed Bucky Barnes/Winter Soldier in Captain America: The First Avenger (2011) and Captain America: The Winter Soldier (2014) at the time and later Captain America: Civil War (2016), Kate Mara portrayed Sue Storm/Invisible Woman in Fantastic Four (2015) and a deputy U.S. Marshal in Iron Man 2 (2010), Michael Peña portrayed Luis in Ant-Man (2015) and the follow up Ant-Man and the Wasp (2018). Donald Glover is the voice of Miles Morales/Spider-Man on the animated series Ultimate Spider-Man (2012) and later appeared in Spider-Man: Homecoming (2017), both Chiwetel Ejiofor and Benedict Wong later appeared in Doctor Strange (2016), and Matt Damon appeared as Loki Actor in Thor: Ragnarok (2017).
Mark Watney requests Martinez not perform any barrel rolls. This is a standing order for Boeing test pilots. Tex Johnson did it using the Dash 80 (the first 707) in August 1955 at the Seattle Seafair festival.
For the Iris-1 probe launch, footage of an Atlas V 541 Mars Science Laboratory is shown lifting off. The in-flight breakup is footage of a Delta 3614 that broke up in flight carrying the GOES-G satellite in 1986. The difference is obvious in the blue color of the core booster and the evenly spaced solid rocket motors around its circumference. No Atlas V vehicles have broken up in flight.
The plot lines of the returning craft's requirement to be perpendicular to the surface of Mars in order to be able to leave the planet and a botanist/astronaut growing Earth plants in the Martian soil were seen before in George Pals Conquest of Space (1955). A space burial scene from Conquest of Space (1955) was somewhat duplicated in Alien, directed by Ridley Scott, who also directed this movie.
Sol is a Latin word for sun.
Filming the NASA scenes took three weeks.
Ridley Scott's first Oscar nomination in 14 years. The last one being for Black Hawk Down (2001).
In the novel, Mark Watney also displays a markedly tasteful dislike for disco music.
During technical checks before launching the rescue probe, a technician declares the signal is 'five by five'. As well as being a term to describe the strength and clarity of a radio signal, this was also a phrase repeatedly uttered by the character Faith in the TV series Buffy the Vampire Slayer (1997), a show that counted the screenwriter Drew Goddard as one of its staff writers.
In comparison to the previous Ridley Scott space epic Prometheus (2012), which was given 34 weeks to have the post production completed, production issues on The Martian (2015) set filming back four weeks, giving the post-production crew a tight 24 weeks to complete the film.
When Teddy tells Bruce via teleconference that they need to finish the Iris probe in three months, one of the JPL staff in the front row scribbles the word NO in block letters and holds it up to Bruce in protest.
Matt Damon and Leonardo DiCaprio were the only two 2016 Best Actor Oscar nominees who were also given nominations for Best Male Performance for the 2016 MTV Movie Awards for The Martian (2015) and The Revenant (2015), respectively. DiCaprio took home both awards.
The film cast includes one Oscar winner: Matt Damon; and three Oscar nominees: Chiwetel Ejiofor, Jessica Chastain and Kristen Wiig.
The launch footage used at the end of the film for the next ARES mission was actual footage of the test flight for NASAs new ORION capsule, launched from launch complex-37 at Cape Canaveral Air Force Station
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Michael Peña and Kate Mara have previously appeared in Shooter (2007).
Naomi Scott filmed scenes for the film as Ryoko, which were removed from the theatrical cut. Her scenes were eventually restored for the extended cut released later in 2016.
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The second Ridley Scott movie to be nominated for best picture. The first, Gladiator (2000), went on to win the award.
Kate Mara's sister, Rooney Mara, appeared in The Girl with the Dragon Tattoo (2011) for David Fincher, director of Alien³ (1992). Noomi Rapace, who played her role in the original The Girl with the Dragon Tattoo (2009), also appeared in Ridley Scott's Alien (1979) prequel, Prometheus (2012).
Near the end of the film, a sequence is shown in which people around the world are watching news reports of the attempt to rescue Watney in city centers like Times Square in New York and Trafalgar Square in London. In Matt Damon's next film, Downsizing (2017), one of the scenes at the beginning of the film shows people around the world watching news reports about the first humans to shrink themselves to 5 inches tall, and Matt Damon's character is shown watching it.
This is the second movie containing the word 'Martian' in the title and starring Jeff Daniels after My Favorite Martian (1999).
Jeff Daniels's breakthrough role was in Terms of Endearment (1983), where he also played a Houstonian, and Jack Nicholson played an astronaut.
The Martian Rover was donated to the Royal Automobile Museum in Amman Jordan as a thank you to the people of Jordan for their hospitality. The desert scenes are in Wadi Rum, Jordan
During pre-publicity research it was found a number of people thought the Martian would be a horror film, and that the title refers to an alien rather than Mark Watney. This was probably partly due to director Ridley Scott's involvement with the Alien franchise and Prometheus.
The film makes reference to the Chinese space program, but not to the Russian (and predecessor Soviet) space program. The Chinese space program is in fact a spin off of the Russian one, and uses similar modules to this day. In the book, the only mention of the Soviet space program is an unflattering reference to the "module" that Watney has to use to try and leave Mars and its lack of protection. This is despite the fact that the first man in space, Yuri Gagarin was Russian/Soviet.
The trivia items below may give away important plot points.
When NASA and Watney first establish written communication, Watney drops an F-bomb. He is warned to watch his language because everything he types is being broadcast globally. In the film, his response is not shown, only the reaction of others. In the novel, his response is, "Look! A pair of boobs! -> (.Y.) ".
Matt Damon was willing to lose a massive amount of weight for the scene towards the end of the movie but Ridley Scott forbade it. Damon had already done it once, while filming Courage Under Fire (1996), but this had seriously compromised his health, and he had to be under medical supervision for a long time afterwards. For The Martian, a body double was used instead.
In the novel, when Watney is rescued, he mentions that if this were a Hollywood movie, the entire crew would gather in the airlock and high-five each other. This is exactly what happens at the end of the movie.
Andy Weir personally created software to calculate the ship's arrival times (on Earth and on Mars) down to the exact minute in his novel.
In the novel, Mark Watney did not cut a hole in the hand of his suit to propel himself towards Hermes; it was only an idea that was shot down by Commander Lewis. He stayed strapped in.
During the closing credits, a Chinese astronaut is shown on a later mission to Mars. This is a nod to a plot point from the novel, not shown in the film, in which the Chinese Space Agency barters to get a Chinese astronaut on the next Mars mission in exchange for the use of their space probe.
A rare instance where Sean Bean's character does not die, rather he just gets asked to resign.
In the movie, Watney has no way to communicate with NASA, so he finds and digs up Pathfinder - a spacecraft NASA really launched to Mars back in the 1990s. After a little hacking, he uses the robot to communicate with NASA using a replica back on Earth. In the real world, NASA builds a working replica of every spacecraft in case something happens to it after launch. That way, engineers can troubleshoot problems and come up with fixes on Earth. A real-life Pathfinder replica would need to be "turned on and dusted off," Green told Tech Insider, but it does exist. So NASA really could theoretically use it to communicate with a stranded Martian astronaut.
Mark Watney's journey to Ares 4 was much more arduous in the book. He had to deal with a dust storm that could have greatly impeded the solar panels from being fully charged. His rover and trailer also rolled over while descending the slope of Schiaparelli.
In both the movie and the novel, Watney grows his own food by planting potato eyes in the ground. He fertilizes the plants with human waste and creates liquid water for the crop out of rocket fuel. Given what is already known about Martian soil, there's no reason why this wouldn't work in real life. Bruce Bugbee, a botanist whose worked with NASA, told Tech Insider. NASA is already making progress on farming in space. In 2015, for the first time ever, astronauts on board the International Space Station tried some of the lettuce they grew in micro-gravity.
After flying out of Mars' atmosphere near the end, Watney (Matt Damon) mentions he has chest pain, probably because the G-forces broke some of his ribs. This is no doubt due to spaceflight osteopenia, a condition where the bones become less dense after spending longer periods in low or zero gravity. Since Mars' gravity is only 38 % of that on Earth, Watney's extended stay has caused his bones to become brittle, possibly worsened by lack of vitamins and minerals from food. The subdermal hemorrhages seen on his back may also be the result of vitamin shortage, especially vitamin K, which potatoes only provide in very low quantities.
Mark puts the fragments together after his self-surgery to make sure no additional fragments are missing (and therefore still stuck in the wound, which would increase the risk of sepsis).
In the novel, it is revealed that the Hermes crew has a contingency for if they mangle the supply mission in the Rich Purnell Maneuver - it is decided that since Johannsen is the smallest of the crew and would thus require the least amount of food, the rest of the crew will commit suicide so that A) they don't waste valuable food supplies, and B) she can eat them for protein, leaving her the sole survivor. When the supply run is a success, Martinez asks who she was going to eat first, saying he thinks he'd taste best; Johannsen floats away from him, and he calls out, "What? I thought you liked Mexican!"
The supply rocket is lost because protein cargo liquefied. Liquid payloads are safe if they are tightly contained in full containers, but they present serious stability problems if they are permitted to slosh. Sloshing allows liquid cargo to shift with much greater force than its actual weight. Naval damage control principles, for example, consider both the buoyancy loss due to flooding and the stability loss due to partially flooded compartments, and it can be advantageous to completely flood a compromised compartment in order to eliminate sloshing.
The film ends with Mark back on Earth acting as a teacher to a group of prospective astronauts. None of this is in the novel, which ends with the crew having rescued Watney, and beginning the trip back to Earth. Watney entering in his log, "This is the happiest day of my life."
The same alarm sound from the Nostromo (the ship in Alien (1979)) can be heard after the main hatch is blown on the Hermes during the rescue.
In the film, the romantic interest between astronauts Beth Johanssen and Chris Beck is not revealed until just before the climactic rescue of Watney, and is kept secret from the rest of the crew. In the book, not only does Watney know that there is romantic tension between the two of them, but so does Commander Lewis; during their return to Mars, she allows them to share quarters on the grounds that the mission had already gone so far off the rails that it would only improve morale to do so.
In the novel, Mark emails the Hermes crew sporadically while he still has contact; he emails Beck and tells him to hurry up and "tell Johannsen how you feel." It is revealed in those emails though that Mark considers Martinez to be his best friend.
In the novel, it's Beck who rescues Watney in space, but in the film it's Commander Lewis.
In the novel, Mark Watney accidentally destroys the Pathfinder's circuitry and thereby eliminated his communication vector with NASA. The entire trip to the Ares 4 MAV was done in total blackout, with the exception of one way communication from Mark to NASA. This was done by using visual Morse code with martian rocks. Mark would 'spell' out his message while waiting for the batteries to recharge during daylight hours. Near the end of the movie, the director of NASA says that they had "limited contact with Watney," potentially referencing this event.
After the probe explodes during launch, Sean Bean can be seen saying "GC, lock the doors" which is the same command given by NASA Entry Flight Director LeRoy Cain in 2003, after the Space Shuttle Columbia disintegrated during re-entry. The command directs the Ground Controller (GC) to lock the control room doors, so no one can enter or leave until all data for an internal investigation has been secured.
This marks the second time Jessica Chastain and Matt Damon have worked together on a space-related film in which Damon plays an astronaut stranded on another planet. The other is Interstellar (2014), although in that film, they shared no scenes together.
At the end of the movie when Mark Watney is in the lecture hall, the motto inscribed on the floor is "Per ardua ad astra", a Latin phrase which means "Through hardships to the stars", "A rough road leads to the stars" or "To the stars through difficulties". As well as being the motto of several air forces and institutions around the world, it is the motto inscribed on the Apollo 1 memorial plaque.
Body Count: 0.
The Gloria Gaynor song "I Will Survive" that plays during the end credits is not only relevant due to its status as a loathed disco song and that Watney managed to survive all those months on the inhospitable surface of Mars. The song is also appropriate because it contains the phrase "And so you're back from outer space".
In the book, the trips to Pathfinder and Ares 4 took a lot more effort in which Watney almost died several times. Moreover, prepping the rover with the drill for example took several days; this was time-compressed for the film.
This movie does not have any human antagonist character; however, Mars itself could be considered the antagonist, and writer Drew Goddard considers 'circumstance' to be the antagonist. There was some consideration into making Teddy Sanders into a villainous character who didn't take Watney's situation seriously and refused to listen to his advisers, but this was quickly discarded in favor of keeping Sanders in place as a good man whose disputes about how to rescue Watney are reasonable (the script did highlight that after launching his own plan in defiance of Sanders' decision, Mitch Henderson did resign from NASA as ordered, as he is not there with Sanders and the other high-level officials when the new Ares mission launches in the film's final scenes).
Teddy Sanders (Jeff Daniels) questions the logic of endangering the lives of the five Hermes crew members in order to save the life of one man. A similar discussion was the subject of Saving Private Ryan (1998), and coincidentally, in both films, Matt Damon is the man who needs to be saved.
The movie and book make small allusions to each other about differences in one from the other. In the movie, Teddy cuts off Bruce and tells him he will say that the overtime alone will be a nightmare when they've decided to build the first Iris probe. That's exactly what Bruce says in the book. During the ending monologue in the book, Mark Watney says that if this were a movie, everyone would have been waiting for him in the airlock giving him high fives, which is exactly what happens in the movie.
Many of the issues flagged as errors in the film are instances where information was omitted or edited from the novel for time or pacing. For example, in the novel, Watney accurately calculates how much soil he will need for his crops, which is substantially more than what is seen in the film; repairing the airlock is a more involved process; "hab canvas" is actually a high-tech radiation-resistant material and not a simple tarp; the explosion during the water experiment happens for more complex reasons than depicted in the film; and Watney actually punches a hole in the scavenged rover so he can use it for extra storage, rather than in the operational rover.
Watney's comments on space piracy make more sense in the novel. In the film, he remains in contact with NASA throughout the journey to the Ares IV MAV, and is therefore given implicit permission to make use of the MAV rather than comandeering it as a technical act of piracy. In the novel, he loses radio contact with NASA prior to reaching the MAV, making it impossible to receive any permission to use the vehicle, thereby making his claim of being a space pirate much more valid.
According to Neil deGrasse Tyson this "may be the first SciFi blockbuster - ever - in which nobody dies."
In the movie, the rocket used for launching supply probe to Mars for astronaut Mark Watney is an Atlas V (500 series), which exploded shortly after what appeared to be a successful launch. In reality, Atlas V rockets have never failed as of the making of the movie. One launch may be considered a partial failure because the payload was not delivered to the correct orbit, but the customer declared it a success anyway.
The film remains remarkably true to the book. A few minor plot points are changed or omitted. Particularly of note is the amount dialog in the film that is almost identical to that in the book.
When Watney is sitting on a bench back on Earth at the end of the movie and says "hey there" to a little plant sprouting from the path between his feet, it's a potato plant, just like the ones he grew on Mars that saved his life.
According to some NASA scientists, the plot point of a lone JPL scientist suddenly working out a gravity assisted return to Mars for the Hermes is unrealistic, as it would likely be one of the first contingencies investigated. It is stated that the "Hermes" is to be used for all the remaining Ares missions, presumably including Ares IV which would have rescued Watney. A gravity assisted return course would obviously be quicker and less time consuming than decelerating the ship into Earth orbit, embarking the Ares IV crew and supplies, and breaking Earth orbit to return to Mars, and would only be marginally more risky so long as the ship did not usually require a major overhaul between Mars missions.
In the book, just after he has been rescued, Watney remarks how he had 'screamed like a little girl' because of the injury he received during his ascent from Mars so he muted his mic so that the others couldn't hear him. He then says 'What they say is true. In space, no one can hear you scream like a little girl'. This is a reference to the tagline from the film Alien (1979): In space, no one can hear you scream. This film was also directed by Ridley Scott. Additionally, both movies earned Scott the Saturn Award for Best Director.
The idea of using a gravity assist to slingshot the "Hermes" back to Mars is similar to the flight plan used to return the Apollo 13 astronauts after their spacecraft was disabled. In the latter case, the moon was used to accelerate the ship and sling it back towards Earth in order to save fuel and speed the return journey.
The footage used for the Iris 1 launch is that of the the Mars Science Laboratory on an Atlas V-541 rocket. A time lapse of gantry retraction of this same rocket is shown in the trailer. The Mars Science Laboratory logo is visible on the payload fairing beneath the NASA "meatball" and above the US flag and Atlas 'A' logo.
At approximately 1:50:50, Sebastian Stan's character is discussing interception speeds and what he can and cannot do, and he says "(Anything faster than) 10 m/s is like jumping on a moving train", which is exactly what his character did in Captain America: The First Avenger (2011), shortly before his "death" in that movie.
Much of the film's plot and the novel it's based on is similar to Mission to Mars (2000). Both are about a crew trying to rescue a sole astronaut left on Mars and both astronauts survived their years abandoned on the planet by growing food. Both films also begin with a dust storm that result in one astronaut being left behind on Mars. In Mission to Mars, the dust storm is created by an alien species that kills all of the crew except for one and in The Martian, its a natural occurrence which causes the crew to flee save for one. Both films also feature an astronaut being rescued just outside the planet's orbit using their thrusts and a tether.
In Destination Moon (1950) and Red Planet (2000) dumping equipment from the spaceship was also used to lighten the load and save an astronaut's life.
In the beginning of the film after Mark is left behind there is a computer screen showing a part of the HAB losing pressure. Later in the film a part of the HAB gets blown off because of loss of pressure.
When playing the song 'Hot Stuff' which he identified as the 'least disco' song, Matt Damon does a shoulder dip in time to the music. That song and the shoulder dip were in the movie 'The Full Monty' when the men are standing in line at the Job Centre looking for work, a nod from The Martian to The Full Monty.
Matt Damon's previous space-travel movie, Interstellar (2014) also features Matthew McConaughey. McConaughey appeared in a previous space-travel movie, Contact (1997). That film also featured Tom Skerritt and John Hurt, who previous appeared together in another space-travel movie, Alien (1979), directed by Ridley Scott.
Several shots of the NASA Control Centre focus on a bright sign reading "CAPCOM", short for Capsule Communicator. Popular video game producer CAPCOM produced the game Mars Matrix that features food shortages on Mars as a major plot point.
During the failed re-supply attempt, the first shot shows the re-supply rocket on launch complex-37 at Cape Canaveral Air Force Station; the launch footage they used was actually from launch complete-41, also at Cape Canaveral Air Force Station.
Goofs | Crazy Credits | Quotes | Alternate Versions | Connections | Soundtracks
TOP 15+ MOVIES all times
Scifi movies I’ve seen
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I'm glad I watched these :)
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Related Terms: Internet Security
A firewall is a computer security device that is situated between a small business's internal network and the Internet. It can work at either the software or the hardware level to prevent unwanted outside access to the company's computer system. Matthew Sarrel, writing for PC Magazine, provided the following definition: "A firewall must contain a stateful packet inspection (SPI) engine, which examines the content of packets and grants access to your network only if the traffic appears legitimate. Firewalls can also block inappropriate inbound and outbound traffic based on rules or filters. Internet Protocol (IP) filtering, for example, can block employees behind the firewall from accessing or receiving mail from specific IP addresses. Also, traffic can be blocked based on your network card's unique identifier, called a MAC (media access control) address. Many firewalls can control traffic using keyword and domain filters, letting you block traffic to specific sites. More sophisticated firewalls let you create complex rules." The firewall thus basically acts as a guard, identifying each packet of information before it is allowed to pass through. It is one of the most effective forms of protection yet developed against hackers operating on the Internet. A "stateful" engine, by the way, is electronics parlance for software able to remember its earlier states, usually by saving values in memory.
Ideally, a firewall will detect intruders, block them from entering the company's computer network, notify the system administrator, record information about the source of the attempted break-in, and produce reports to help authorities track down the culprits. Since firewalls can be set to monitor both incoming and outgoing Internet traffic, they can also be used to prevent employees from accessing games, newsgroups, or adult sites on the Internet.
Despite the potential advantages of firewalls, however, some small businesses remain unprotected. Owners sometimes believe that firewalls are too expensive or demand too much technical expertise. Others believe that no hacker would be interested in the information contained on their computers. Wrong! Intruders often seek unprotected computers to serve as unknowing transmitters for spam mail. Later the company may discover this when many sites that have protected themselves refuse the company's own mail. Many hackers also seek to disrupt companies' operations just for the hell of it. A small business may lose valuable information or cause itself no end of hassle by failing to erect a firewall.
EVALUATING THE NEED FOR A FIREWALL
Any computer connected to the Internet is vulnerable to hackers. Networked computers require more robust protection than free-standing machines. The free-standing machine connected to the Internet may be sufficiently protected by software arrangements—and the protection provided to its e-mail by the Internet portal operator.
Although firewalls have a number of potential advantages, they do not provide foolproof protection and also have some potential disadvantages. As Steffano Korper and Juanita Ellis wrote in The E-Commerce Book, firewalls cannot protect against computer viruses or against data theft by authorized users of a company's computer network. In addition, firewalls have some expense. Ideally they will be installed by a service organization.
Some small businesses avoid the need for a firewall by using a simple security measure known as "air gapping." This means that the company's computer network is kept completely separate from the Internet. One method of air gapping involves accessing the Internet only from a standalone computer not connected to the internal network; that machine, of course, will not hold any valuable or confidential information. This approach may be cheap but will not serve an organization that actively uses the Internet in its business operations. Another method involves only running Web servers that outsiders can reach on a secure system belonging to an Internet Service Provider (ISP).
TYPES OF FIREWALL PROTECTION
The hardware security systems that act as firewalls vary in configuration and sophistication. One relatively simple device involves using a router—which controls the sending and receiving of messages—equipped with packet filters to examine the messages. This system can be configured to block traffic to or from certain Internet destinations or all unknown destinations. This type of security system is relatively inexpensive and easy to set up, but it also offers only minimal protection from hackers. A slightly more sophisticated and secure system is a proxy server. A proxy server works by stopping all incoming and outgoing traffic for inspection before forwarding it. One advantage of this type of system is that it can create a log of all messages sent and received. Proxy servers can be difficult to install, however, and can also make Internet use less convenient for employees.
Both routers and proxy servers have one major disadvantage in terms of the security they provide. These systems base their evaluation and approval of messages on the header, which lists the sender, recipient, source, and destination. But hackers can easily create false headers to fool the filtering systems. One way to overcome this problem is through type enforcement, which also scans the content of messages. Another system, already mentioned, is the stateful inspection firewall; it uses an even more sophisticated method of verifying the sources of messages. Finally, it is possible to use any combination of routers, filters, proxy servers, and firewalls to create a layered security system. A large company like Motorola, for example, might place a firewall at the outside of the system, and connect it to a gateway computer, and then connect that machine to a router with packet filters, and finally connect the router to the internal computer network.
TIPS ON BUYING A FIREWALL
Before purchasing a firewall, a small business owner should consider what type of information must be protected, and how severe the consequences of an attack might be. These factors will help determine how much money and time the company should spend on the firewall purchase. It is important to remember that the true costs of a firewall include installation and setup, training, maintenance, and regular updates. In addition, understanding the distinctions between different products—and installing the product properly—requires technical expertise and may involve hiring an outside computer expert.
Firewall protection comes in a wide variety of forms. Some basic firewall software is available for free on the World Wide Web. These simple packages can be downloaded and installed fairly easily, but they provide fewer options for users and do not offer technical support in case of problems. Many other software solutions are available at retail computer stores or via mail order. These firewalls are also easy to install and often feature technical support. The most sophisticated firewalls are complete hardware systems that can cost thousands of dollars. These systems usually include a number of additional features. For example, they often can be used as routers for directing traffic among computers in a network. Some of the top firewall vendors include Ascend, Cisco, Sterling Commerce, CyberGuard, LanOptics, and Microsoft.
Besides meeting the small business's basic computer security needs, a firewall should work with your hardware and software, as well as that used by your ISP. It also should not slow down your Internet connection too noticeably. The most versatile products conform to the Open Platform for Secure Enterprise Connectivity (OPSEC), a standard that is supported by many top vendors and that makes it easier to combine security products from different sources.
When evaluating possible firewalls, it may be helpful to look for product reviews in computer magazines or on the World Wide Web. Once the purchase decision has been made and the firewall is up and running, it is important to test the product. Many firewalls are breached by hackers due to faulty installation or configuration. In fact, Emery recommends having a team of technically minded employees try to break into the system from outside. This exercise may help the internal experts understand the strengths and limitations of the firewall, as well as how it fits into the context of the small business's overall computer security policy.
Cert Coordination Center. Carnegie Mellon Software Engineering Institute. Available from http://www.cert.org. Retrieved on 29 April 2006.
Korper, Steffano, and Juanita Ellis. The E-Commerce Book: Building the E-Empire. Academic Press, 2000.
Passmore, David. "Inside-Out Security. Business Communications Review. March 2006.
Rae-Dupree, Janet. "Risky Business Online." U.S. News & World Report. 4 September 2000.
Sarrel, Matthew D. "Business Body Armor: All sorts of enemy combatants want to penetrate your network, but you can turn attacks aside with the right combo of hardware and tactics." PC Magazine. 7 March 2006.
Smith, Tim. "Firewalls Explained." Computer Act!ve. 2 February 2006.
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GA02092015_MLR
Bill would help preserve consumer access to agents and brokers.
WASHINGTON, D.C., Feb. 9, 2015 – The Independent Insurance Agents & Brokers of America (IIABA or the Big “I”) today expressed its support for bipartisan legislation, the “Access to Professional Health Insurance Advisors Act of 2015,’’ sponsored by Reps. Billy Long (R-Missouri) and Kurt Schrader (D-Oregon). The bill would clarify that agent compensation is not part of the Medical Loss Ratio (MLR) formula as enacted in the Affordable Care Act (ACA).
The ACA established MLR requirements for insurance carriers that went into effect on Jan. 1, 2011. The law mandates that at least 80% (individual and small group) or 85% (large group) of premiums collected by the carrier must be spent on claims payments and “health care quality improvement.” These restrictions mean no more than 20% or 15% may go towards “non-claims costs” such as profits, advertising, administrative costs, etc. If a carrier does not meet these ratios, they must issues rebates to the consumer.
The law did not statutorily address how to classify independent agent compensation under the MLR formula. Unfortunately, although agent compensation does not go toward insurers’ bottom lines, through the regulatory process, agent compensation was included as a part of the “non-claims costs” category. The Long-Schrader legislation corrects this issue by specifically excluding agent compensation from the MLR formula.
“Since going into effect more than four years ago, the MLR regulations have had a detrimental impact on insurance agents as well as consumers who rely on those agents for advice,” says Charles E. Symington, Big “I” senior vice president for external and government affairs.. “The legislative fix, as introduced by Reps. Long and Schrader would clarify that agent compensation is not an insurance company administrative expense, thereby providing much needed relief to agents and brokers across the country who continue to help consumers navigate the post-ACA health insurance marketplace. ”
The impact of the MLR rules on agents and brokers has been damaging as many insurance carriers have significantly cut their agent compensation in an effort to comply with the regulations. In turn, this has reduced consumer access to agents and brokers, leading to a detrimental effect on essential services provided such as guidance in claims processing and tailoring health plans to fit the needs of individuals and businesses.
“The Big ’I’ is grateful to Reps. Long and Schrader for introducing this critical legislation this Congress,” says Wyatt Stewart, Big “I director of federal government affairs. “Enactment of this bill would greatly help insure that the professional, licensed guidance of insurance agents remains available to consumers.”
Founded in 1896, the Big “I” is the nation’s oldest and largest national association of independent insurance agents and brokers, representing a network of more than 300,000 agents, brokers and their employees nationally. Its members are businesses that offer customers a choice of policies from a variety of insurance companies. Independent agents and brokers offer all lines of insurance—property, casualty, life, health, employee benefit plans and retirement products. Web address: www.independentagent.com.
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SITREP 08: Suspect Arrested in U.S. Bombings // SpaceX Heading Beyond Mars // Navy Names New Destroyers
By The ITS Crew
A suspect believed to be responsible for two bombings this weekend in Manhattan and New Jersey has been arrested after he was wounded in gunfire with police. Ahmad Khan Rahami was arrested after a cellphone alert was issued to millions of residents in the local area, informing them to be on the lookout for the suspect.
Rahami was identified on surveillance video planting bombs in Chelsea, both a device that exploded and another that failed to detonate a few blocks away. He was described as a naturalized citizen of Afghan descent, living with his family in Elizabeth, N.J.
Read more on the New York Times about this arrest and the recent attacks.
U.S. Energy Secretary Urges Congress to Pass Climate Policy
On Monday, U.S. Secretary of Energy Ernest Moniz urged Congress to pass sweeping climate legislation needed to transform an economy heavily based around fossil fuels.
Speaking at New York’s annual Climate Week, Secretary Moniz said the country needs a wide-ranging policy aimed at slashing carbon emissions across the whole economy. “In the United States, we need Congress to step up and give a legislative underpinning, I really believe economy-wide climate legislation is coming this decade.”
Read more on Secretary Moniz’s remarks on Mashable.
Study Shows Internet Addiction Increases Risk of Other Mental Health Problems
A new study from researchers at McMasters University in Canada suggests that out of 254 students, 33 were found to be suffering from Internet Addiction, as classified by the Internet Addiction Test. In addition, the study found those children to be more prone to other issues. “We found that those screening positive on the IAT as well as on our scale, had significantly more trouble dealing with their day to day activities, including life at home, at work, school and in social settings” said Chief Researcher Michael Van Ameringen.
The study found about 55.8 percent of students found it difficult to control their practice of video streaming, 47.9 percent couldn’t stay away from using social media and 28.5 percent were obsessed with instant messaging tools.
Read more on this study on Tech Times.
Elon Musk Unveils Plans to Go Beyond Mars
In recent Twitter posts, SpaceX CEO Elon Musk revealed that their Mars Colonial Transporter would actually have the capability to go well beyond Mars, hinting that future SpaceX missions would target sites beyond Mars. SpaceX plans to unveil more details about their Mars mission on Sept. 27, during the 67th International Astronautical Congress in Guadalajara, Mexico.
In addition, Musk unveiled that the name for the transporter would be updated to “Interplanetary Transport System” with its newfound capabilities. We have to say, we’re pretty partial to the acronym “ITS.”
For more information about Space X and their Mars mission, read more on Mashable.
More Than 800 Immigrants Granted Citizenship by Mistake
At least 858 immigrants from countries of concern to national security or high rates of immigration fraud have been mistakenly granted citizenship. The Department of Homeland Security’s inspector general found immigrants had used different names or birthdates to apply for citizenship and noted that the discrepancies weren’t caught because their fingerprints were missing from government databases.
In an emailed statement, DHS said that an initial review of these cases suggested some of the individuals may have ultimately qualified for citizenship and the lack of digital fingerprint records doesn’t necessarily mean they committed fraud. While the report doesn’t identify any names or countries of the immigrants, DHS confirmed they were all from “special interest countries.”
Read more about this issue on the New York Times.
Navy Names Two Destroyers after Medal of Honor Recipients
In a ceremony at Vaught-Hemingway Stadium on September 17, Navy Secretary Ray Mabus announced that the Arleigh Burke-class destroyer DDG 125 will be named in honor of the Marine Corps hero and Medal of Honor recipient, Jack H. Lucas. In addition, Secretary Mabus announced DDG 126 would be named after Louis H. Wilson Jr., the 26th commandant of the Marine Corps, also a Medal of Honor recipient.
Jack H. Lucas was awarded the Medal of Honor at age 17 for heroism above and beyond the call of duty during the Battle of Iwo Jima. During a firefight with the Japanese, Lucas saved the lives of three fellow Marines when, after two enemy hand-grenades were thrown into a U.S. trench, he placed himself on one grenade while simultaneously pulling the other under his body. One of the grenades did not explode and the other only injured Lucas, due to his heroic actions. Lucas is the youngest Marine and the youngest service member in World War II to receive the Medal of Honor.
Gen. Louis H. Wilson Jr. received the Medal of Honor for his actions during the Battle of Guam during World War II. During the assault on Guam in July, 1944, while commanding Company F, 2nd Battalion, 9th Marines, Wilson earned the nation’s highest honor for heroism in combat when he and his company repelled and destroyed a numerically superior enemy force.
For more information about the destroyers, Jack H. Lucas and Louis H. Wilson Jr. visit Seapower.org.
SITREPs are our timely updates on developing news and interests discovered on our journey through the Interwebs.
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SHOT Show 2012: Day 4 Live Coverage
SITREP 01: Nissan LEAF Hacked and Preparing for Southern Storms
2012 SOFIC ISOF CAPEX Video Coverage
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Djerba, Tunisia: Garbage Disposal, the Environmental Crisis, and the Awakening of Ecoconsciousness
Djerba is an island in the south of Tunisia, often referred to as “the island of dreams.” In Homer’s Odyssey, Djerba is the enchanting land of the lotus-eaters; the land whose flowers charmed the companions of Odysseus and made them forget all thoughts of return. Today Djerba is one of Tunisia’s top tourist destinations. Home to al-Ghriba, Africa’s oldest synagogue, the island annually attracts hundreds of Jewish pilgrims from all over the world. Djerba also boasts fifteen centers of thalassotherapy and is branding itself more and more as a bio-friendly destination. For the past few weeks, however, tension has been mounting in the island over what seems to be the worst environmental crisis in Djerba’s history. The inhabitants of the island, as well as foreign investors, have been multiplying their protests against what they consider to be the Tunisian government’s nonchalance vis-à-vis the problem of garbage disposal in the island. On 30 July 2014, an Italian restaurant-owner chained herself to a traffic sign to protest the burning of trash in front of her property in Djerba. Pictures of locals surrounding her went viral on several social media outlets. The Italian lady’s act of indignation was her way of publicly shaming the Tunisian administration and exposing its failure to keep Djerba clean. This incident marks one of the latest manifestations of what could be considered an awakening of eco-consciousness in Tunisia. So how did all of this start and who is behind this awakening?
On 11 July 2014, locals clashed with the police when some individuals tried to block trucks carrying large amounts of trash from entering the Guellala landfill. The landfill is believed to be extremely underequipped and very dangerous for the environment. The locals lobbied very hard to close it and succeeded in doing so for a period of time. To their surprise, however, the central government in Tunis ordered its re-opening after realizing that it could not afford the cost of transporting the island’s waste to a mainland landfill. The central authorities made this decision after letting the island sink in its own trash for weeks on end. The police fired tear gas to disperse the protesters. Soon afterwards, demonstrations broke out to express the locals’ anger at police violence and at the government’s unilateral decision to reopen the dumping ground in Guellala. A few days later, the regional worker’s union as well as the regional federations of hotels and travel agencies called for a general strike. To appease the tension, the government promised to send a ministerial delegation to Djerba. The strike was postponed, but the government never sent anyone to discuss the problem with the locals. On 24 July 2014, the island went on a four-hour general strike from 8:00 AM to midday. The airport, all public administrations, and the majority of private enterprises were shut down. Never has any region in Tunisia known such a well-organized form of outrage over an environmental issue, despite the increasing number of pollution hotspots in the country.
The strike, which united unionists and business owners, comes as a welcome surprise in a country torn by leftwing and rightwing polarizations. The materiality of the problem seems to be the force that created such an unlikely union. Heaps of garbage and dark carcinogenic smoke wafting in tourist-packed streets are too visible and too concrete to be ignored in an island concerned with maintaining its postcard image. Through their joint action, the locals succeeded in making their voices heard in several national and international media outlets, thus increasing the pressure on the “technocrats” up north in Tunis. Civil society proved to be very active in the campaign to mediatize the island’s environmental dilemma. They also proved to be at the heart of all the efforts that have so far been launched to redress the evils of pollution and mend to Djerba’s image. The regional Red Cross teamed up with the local committees of Houmt Souk, Midoun, and Ajim to organize an event named: "Soyons positifs...preservons notre environnement" (Let’s be positive! Let’s protect our environment). The event consists of three main actions: raising awareness about the theoretical and practical measures that can be used to protect the environment through eco-friendly garbage disposal, distributing containers for recyclable waste to facilitate source separation, and awarding the cleanest neighborhoods and avenues.
Djerba’s promising fight against irresponsible garbage disposal brings to the table several environmental issues that the Tunisian government has been ignoring for years. You simply cannot dispose of a whole region’s trash by burning it on the outskirts of town. You also cannot expect garbage collectors to continue working in the same hazardous environment without providing them with the right equipment and offering them the right health benefits. All of Tunisia is suffering from the same problem that Djerba is suffering from. Every now and then, garbage collectors go on strike because the government reneges on its promises. Piles of trash start appearing in every corner and some fingers start pointing at “greedy” municipality workers who have become “spoiled” after they managed to win the post-uprising benefit of a long-term contract. What Djerba is teaching us, however, is that instead of blaming these workers for the failure of the system, the citizens need to acknowledge their responsibility in this failure and to lobby hard for their cause. Djerba’s awakening also serves as a reminder of the necessity to involve the local citizens in any waste management policy the government will draft and to place the protection of the environment at the top of the government’s priority.
Why did this awakening happen in Djerba and not anywhere else? The size of the island definitely plays a role in this. Land is finite and smells travel fast. The island’s reliance on tourism is also a major factor. Djerba is indeed much luckier than Gafsa and Gabes, for example. These two southern cities continue to writhe under the toxic wastes of the mining and chemical-oriented industries. The pollution there, however, is taken for granted. You seldom here about it on national television, or see it approached in any serious manner outside the closed rooms of regional roundtables. The industrial zones mean jobs, however menial these jobs are. They are also an integral part of Tunisia`s diplomatic relations. Any attempts to expose the heavy environmental toll of these foreign-owned factories can harm the region`s economic status, increase unemployment, and undermine Tunisia`s relationship with its European counterparts.
An incident that occurred earlier in July 2014 proves that there is a gag order placed on discussions of the hazardous industrial activities taking place in the south of the country. More than a month ago, a lake magically appeared in Gafsa. People were very eager to jump in its waters. Days later the water became stagnant and the media started reporting on the possibility of it being toxic or even radioactive. These speculations are based on recent information about the government’s decision to authorize fracking in the region. The fact that Gafsa is home to one of the world’s largest phosphate mines is also a reason behind these concerns. Instead of adressing these accusations in a serious and scientific manner, the Tunisian Ministry of Public Health issued a statement that completely avoids any discussion of toxicity. The statement warns against swimming in the lake, not because it might be contaminated by the chemicals used in shale-extraction or phosphate-mining, but because the lake’s water is “infected with microbes” and is “a favorable site for insect-breeding.” This response, especially when measured against the dangerous accusations international and local media made, proves that the Tunisian government is refusing to disclose any reliable information on the status of the water in the south.
Evidently, the strategies needed to fight industrial pollution must be much more focused than the ones in Djerba. They require patient and extensive training in environmental policy and the building of a solid coalition politics with the green movements in the world at large, but more particularly with the movements in Europe and Asia (respectively, Tunisia`s oldest and newest economic partners). These are long term projects that need to begin very soon to ensure a safer working and living environment for the people in the south of the country. The Djerba lesson of joint local effort and agressive media lobbiying can be used as a first step in the fight against these polluting industries. The events in Djerba have demonstrated that Tunisians need to recover their faith in two very valuable resources whose utility they may have forgotten in the crippling disillusionment that followed the 2011 uprising. These two resources are trade unions and alternative media outlets.
Tunisia`s largest trade union, the Union générale tunisienne du travail (UGTT), has been strongly involved in all the historical struggles that accompanied the country`s fight for political independence from France in the 1950s, as well as in the toppling of the Ben Ali regime in 2011. It is commonly known that the majority of the demonstrations leading to Ben Ali`s fall originated from the local offices of the UGTT, and that to this day, the UGTT remains one of the strongest unions in the Arab world and a significant balancing power in Tunisia. The systematic attacks against the union, which were jointly led by Islamist groups and liberal groups, succeeded in tarnishing the image of the organization in the eyes of many Tunisians. The events in Djerba, however, have shown that the union’s local bureaus possess enough resilience to work with the different components of civil society and enough mobilizing power to organize an unprecedented large-scale strike over an environmental issue.
It is vital that the scattered voices coming from the pollution-ridden areas in the country be channeled through a unifying structure like that of the UGTT, at least in the beginning of the fight for environmental equity. Tunisian environmental activists should consider solidifying their ties with the union in order to benefit from the organization’s large local and global network. It is needful to mention, however, that for any long-term project to succeed in the very hostile right-wing environment that dominates the country, all parties involved in the struggle should avoid the trap of union bureaucracy. Action should remain local. History has shown us time and again that one of the biggest hurdles in the path of organized left-wing efforts has been the hierarchization of decision-making. The recent camaraderie that has been developing between the heads of the UGTT in Tunis and the government of “technocrats” does not bode well for the future of the trade union. Activists need to remain as vigilant as possible.
As to the new media outlets (Facebook, Twitter, e-zines), it is my belief that environmental activists have not explored them in a satisfactory manner yet. These online platforms proved to have a very wide audience in the country. Politicians were among the first to notice and act upon it. For the past three years, these outlets have been the site of an aggressive political polarization, and they have definitely contributed to the general pessimism that has taken over the country. It is the duty of Tunisian environmental activists to reclaim the communicative power of these resources. The struggle should not be confined to closed rooms. It needs to be carried out in the virtual world as well. The seeds of dissent that were planted in Djerba were disseminated through Facebook pages. The result was the successful mobilization of an entire island. The implementation of an efficient strategy of communicating with the younger generations is an essential part of the struggle. It is regrettable to not be able to find any online updates on the Tunisian Green Peace Movement for example. Political and cultural NGO’s are no longer lagging behind. Many of them built their network of volunteers through Facebook. It is true that we all love to hate this platform, but we should always keep in mind that it is a means to an end, and that it actually works.
Djerba’s struggle for cleaner air is the most remarkable environmental action in Tunisia to this day. The magnitude of the strike, the coming together of trade unions and business owners, and the joint effort of several civil society associations all contributed to this success. Evidently, there remains a lot to be done in Djerba to pressure the government to keep its promises. The cities of Gafsa and Gabes, also, need to double their efforts to make their voices heard. Their situation is much more delicate than Djerba’s. Finally, we should always keep in mind that the struggle is not against the decision to open or close a certain landfill. The struggle should be framed within its larger context; that of a government that is increasingly dissociating itself from its social obligations, including the most basic one: safeguarding the environment.
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Goalkeeper Kosuke Nakamura (center) watches Japan teammates Shinji Kagawa (left) and Gen Shoji compete during a training session on Monday. | KYODO
Soccer / World Cup
Hotly tipped goalkeeper Nakamura enjoying first taste of national team
by Shintaro Kano
Having been instrumental in Kashiwa Reysol’s surge to the top of the J. League on an eight-game win streak, goalkeeper Kosuke Nakamura has earned his first Japan call-up for Wednesday’s friendly against Syria and the World Cup qualifier away to Iraq next week.
The 22-year-old went through his first training session with the national side on Monday at Ajinomoto Stadium, where the studious custodian took in as much as he could from two-time World Cup keeper Eiji Kawashima and No. 2 Masaaki Higashiguchi of Gamba Osaka.
“Both Kawashima and Higashiguchi are excellent shot-stoppers, but I hope I can keep up with them,” Nakamura said. “I learn a lot from them. I don’t get to work with them on an everyday basis, so it was nice just having the opportunity to be around them.
“It’s all new to me and I’m not in my usual routine, but I want to do what I can.”
It remains to be seen whether Nakamura, touted to be Japan’s future in goal as early as next year’s World Cup in Russia, will make his international debut in the two games this month, but his selection clearly underlines the expectations of coach Vahid Halilhodzic.
Kawashima, now 34, has largely held the No. 1 job since the 2010 World Cup, but few have challenged the Metz man for the position. After Kawashima, no one has stood out among the likes of Higashiguchi, Urawa Reds’ Shusaku Nishikawa or FC Tokyo’s Akihiro Hayashi.
But Nakamura, who played for Japan at the Rio Olympics, where Makoto Teguramori’s side was knocked out in the first round, is showing signs he could be Kawashima’s heir apparent with his athleticism, cat-like reflexes and good command of his area.
Nakamura could be the most exciting Japanese keeper since Yoshikatsu Kawaguchi, who appeared in two World Cups and had a knack for raising his game on the big stage.
Nakamura said he will be ready if he gets the nod from Halilhodzic.
“If I get the chance to play, I’ll play the way I always play — with the aim of making sure my team wins,” he said.
Gamba’s Yasuyuki Konno has rejoined the squad after making his comeback from a broken toe suffered in March’s World Cup qualifier away to the United Arab Emirates.
But having only returned to the pitch on Sunday with 30 minutes off the bench in Gamba’s 3-0 defeat at Jubilo Iwata, how — or if — Konno will go in these two internationals is up in the air.
“There’s a lot of pressure when you’re here,” Konno said. “Everyone knows how important these games are — they help determine whether we go to the World Cup finals or not.
“I put in a lot of work during rehab and I feel like I’ve recovered a great deal. Yesterday, I went into the game with the team down by three and was asked to get our attack going, but I couldn’t change the game.
“All I can do right now is keep training hard and play as hard as I can if I get a game,” he said. “I need to play to my strengths which are things like being strong on the ball and maintaining a high work rate.
“If I can’t do that, I’m no good.”
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Kashiwa Reysol, Samurai Blue, 2018 World Cup, Kosuke Nakamura
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Juventino Rosas (1868-1894)
The short life of this Mexican musical genius was a great loss to music. The fact that he was able to produce such melodic music only raises the question of how much more he might have composed. Known today mainly for his waltz Over the Waves often incorrectly attributed to Johann Strauss, of which the maestro himself, had he composed it, might have been justly proud. Rosas was the greatest of the Mexican composers who wrote popular 19th century dance music. The genre was imported from Europe early in the 19th century and was quickly adopted in South American countries where not only waltzes and polkas but mazurkas, scottisches and danzas were more popular for listening rather than for dancing. Taught the violin by his father, Rosas came to Mexico City in 1875 seeking a better life. He started in a trio, and freelanced with other musicians. His talent came to the attention of a wealthy sponsor who sent him to the National Conservatory of Music in Mexico City where he formally studied. But short of money he had to curtail his formal training and travel around to earn a living. In 1888, he composed his most famous work for which he received only a pittance for its publication. The same year, following another attempt to study, he composed his Carmen waltz, which at one time vied in popularity with Over the Waves. This waltz was recorded on our Spirit of Vienna Vol.2. His third most popular composition, Ensueño Seductor was recorded on Contemporaries of the Strauss Family Vol. 2, released in 2015 by Naxos. In 1893 Rosas joined the orchestra Tipica Mexicana that toured America and took part in a musical contest at the Chicago World Fair and won a number of gold medals. It was the same exhibition that Ziehrer and Sousa's Band was also playing daily. Yet another contemporary, Scott Joplin was in Chicago, but he was playing his piano in the surrounding bars. Rosas then toured the southern American cities with his orchestra before departing from Tampa for Cuba. There, while on tour he fell ill, and at the age of 26 died. In 1939 his remains were reburied at the Rotunda of Illustrious Men in Mexico City. He had composed around 50 compositions, of which 32 of the 33 compositions that remain were recorded on piano on 2 CDs by Nadia Stankovitch in the late 1990s.
John Diamond August 2015
→ List of Works
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“Just remember, all the men down there are liars. Liars! All of them! Don't believe a word they say!” She spoke with the sting of one who had been intimately acquainted with too many lies.
But that is not what I saw. I discovered a world overrun with too many truths.
Perhaps she meant that the men fell in love with lots of women and gave their hearts over and over again, and that made things feel like lies. But what I saw was that the porteños' hearts were so open, they were helpless pawns to the truth of the moment, whatever that truth was.
But is there a minimum temporal duration required of truth to make it true? Is truth like the dirt on the floor that only sticks to the buttered toast after it's been lying there for three seconds or longer?
Another woman, an expat porteña, warned me, “oh, if you want to have sex you can certainly have sex down there, it's easy. All the men fall in love in, like, five minutes.”
But I had had enough sex to last me the rest of my life and, for a change, was not planning on falling in love. I was however curious to see men who fell in love in, like, five minutes. I assumed she meant men who had learned to shift their outward behaviour into courtship mode in, like, five minutes.
I'm an energy worker. I know when people's words and actions do not match their internal state. And it turns out, they're not lying! They really do fall in love, or lust, or something that is to them of paramount importance, in nanoseconds. And it's charming. Because we all fall in love (or lust) instantly, all over the world, it's how feelings work. One moment you're checking out someone's groceries and the next moment it's “why, Miss Jones! You're beautiful!” —The only difference is that in Argentina they succumb to their feelings, giving their hearts free rein (perhaps citing the always-appropriate national motto, “...but what are you gonna do about it? NOTHING!”). Perhaps they know that to fight their hearts would be a waste of precious energy, and in a country of squandered resources, it's good to keep something to one's self.
“¿Parque Patricios? Why, I live in Recoleta! [Neighbourhoods at opposite ends of the city.] We're practically neighbours! Let me drive you home,” he said, wagging his tail and beaming at me like a Golden Retriever.
“I've lived in the city for eleven years and I've never once danced with someone who understands me as you do. I feel like, yes, I want to fuck you, but it's much more than that, it's deeper, I feel that we are destined to be together forever,” he said, holding my hand and looking deeply into my eyes. A pity he was such a bad kisser.
“Finally, I have found my tango twin soul, someone who feels as I do. It's such a tragedy that you must leave so soon! Please, come to my private studio tomorrow and we will practice together,” he said, his mostly-sad heart shining at me with a single beam of poignant hope.
“Thank you, now my dreams have come true,” he said, after videoing us dancing together. He said he'd share it with me on Facebook but he never did...someone else said he was a well-known teacher....
And then there was the one who said little but on his way out left me with a folded-up poem....
There were the two who fought for me from Canning to la Viruta and kept up the fight over la Viruta medialunas at our table and even kept fighting for me on Facebook after I went home.
And there were a whole host who offered to drive me home, who offered me wine and coffee, who spent all night long staring at me trying to get second or third tandas, who wrapped their hands around my necks, who wanted to meet for lunch or for dancing or for sex, and insisted I must dance at their milongas of choice. There were scores of men who took my departure from milongas like news of a death.
And every single one of them gave their whole heart and soul, every time.
That's the thing of it! The concept of lines and tricks and gimmicks doesn't really exist down there, because they mean everything! They're totally sincere, every time—which is why the system works in their favour. Every dance step, every piropo, every offer of coffee really comes straight from their helpless human souls. How could they, hapless mortal men that they are, do aught else in the face of such blinding goddesslike radiance? They have never felt this exact feeling at this exact moment in time with this exact you before, so it's totally like it's the first time it's ever happened for them! They may have screwed a thousand women, but it's irrelevant, because none of them was you. Besides, that was then. This is now. And tomorrow hasn't happened yet.
There's an innocence down there that doesn't exist here. Every time, it is perfectly true that they have something special with you that they have never had with anyone else and never will have with anyone else. What the two of you have is precious and real and true and unique and probably would turn out to be lots of fun in the sack—so how can you blame them for doing everything they can to make their penises' desires into reality? Why would you blame them, for being human? Humanity is so lacking up here. We do so much to distance ourselves from our basic human instincts and, strangely enough, we now have frustrated, lonely people wandering around in a culture that's distanced, disconnected, desiccated, and inhuman.
I believe the one who said they're all liars is someone who may have hoped that their truths would be true for longer than they actually were. But the thing about truth is that you can't change its nature to suit your preferences, much as you may want to. What I've noticed about these Argentinian guys—if I may make sweeping overgeneralizations—is that they're truthful to a fault. When unstudied their body language is overwhelmingly truthful, even times when it might get them in trouble with sharp-eyed women who know about that sort of thing. When they feel, they act on their feelings, or they repress them with difficulty. Producing on the surface a mirage that distracts from the truth of the source feeling seems to be beyond their capabilities. After all, their warm hearts (or penises) produce feelings so great that just keeping a lid on them is a herculean task that runs counter to how they live the rest of their lives. Their way of lying is just not saying anything. (So if you want to know what your Argentine is lying about, just listen to what he isn't telling you!)
And so what if the men fall in love in, “like, five minutes”? So do I. I can't think of a single love story (or sexual escapade) that didn't involve a Moment, when suddenly you tip over the tipping point and can't go back. It's one of the great joys of life. And every single time a man fell in love with me—which happened about fifty billion times during my stay—they did so with every single fibre of their being. I could feel it pouring off of them. When they were with me, they were with me, nothing else in the world existed for them but that moment of our being together. Their brains were with me. Their elbows were with me. Their histories were with me. Their breakfast preferences were with me. Sure, their penises were leading the charge, but they dragged with them every other aspect of the men too! Turning life into a human and connected affair, and the pursuit of sex into a celebration of union, a sharing of one's deepest truths, and the joys of succumbing to reality.
I'll tell you what the real lie is.
The real lie is coming back here. Here we try to stuff sex under the rug and pretend it doesn't exist, particularly not when it involves ourselves or people we actually know. Here we suppress it, and it backfires on us, as all that restricted energy hemorrhages out in harmful ways. Here we pretend that sex is not the engine driving all of humanity, all the time—and that's just a lie.
The real lie is coming back here and once more dealing with people who keep back huge portions of themselves and have turned socializing into the art of editing: I'll give this to this person, and that to that person, and this other thing to this other person, but I'm never going to be fully myself for anyone! I don't want to share. I prefer to remain hidden. I don't want to be witness to all of them, either, that sounds like much too much. I'll give up to 60% of myself to whomever I'm with at a given time, and I'll listen to about as much of them. That should be more than enough, right?
I come back here and people are all hiding behind their defence mechanisms, desperately afraid of offending or being inappropriate or revealing something unattractive. Afraid of not being cool. But why be cool when you can be warm? It's the kitten's underbelly that we really want to stroke.
I don't think any corner of the world has a greater-than-average share of liars. But from a cultural standpoint, here's what I have to say to the woman whose remark started this quest. “Just remember, all the men up here are liars. Liars! All of them!”
And the Award for Milonga Most Like Buenos Aires Goes to....
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LETTER: Trust is earned, not expected
Exterior of the former English Language School board as construction crews work to renovate the building into a black box theatre, office space and kitchen space for the culinary and foods classes. ©JOURNAL PIONEER/Millicent McKay - Millicent McKay
Since the beginning days of the renovations at Three Oaks Senior High (TOSH), concerned parents have been expected to simply “trust” that their children have been safe throughout construction, though it was found that breaches in asbestos safety protocol have occurred.
Air quality test results that started being shared with these parents in April 2018 have led to email exchanges and a few select meetings with representatives from the Department of Transportation, Infrastructure and Energy, the Department of Education, the construction company leading the project, and others. However, many questions have been left unanswered, and concerns for the current and future well-being of students persist.
Some parents have even been forced to request (and pay for) information through the Freedom of Information and Protection of Privacy act- a process that has been slow and frustrating.
In October 2018, some of the parents were informed unexpectedly that the Chief Public Health Office would be undergoing a review of the potential exposure to asbestos, lead and other particulates at TOSH. Having an outside, impartial detailed review of the processes and possible consequences of the breaches reported was a most welcome reprieve, and something for which these parents had long advocated.
On Nov. 19, 2018, the Chief Public Health Office released a one-and-a-half-page memo sharing the results of the review.
While the memo highlights that there was “an inadvertent lapse in abatement and construction protocol,” it also states that “information related to events which occurred during the abatement and construction phases of the project at TOSH was reviewed in detail...The review has concluded that there was no significant student exposure to lead (dust) or asbestos during the review period.”
What it doesn’t state is how this conclusion was reached, what information they reviewed, what methodology was implemented, and how they chose to exclude information such as lived experiences of students and other firsthand reports. One might assume that this memo would be followed by a comprehensive report, but to date, no report has been released. Again, parents are asked to simply “trust” that everything is fine, with very little concrete information to support that claim.
Trust must be earned before it should be expected. What seems to be lost in all of this is that these are parents who are genuinely concerned about the health and wellbeing of their children. Parents who fear their children may have been exposed to a potentially deadly substance. As a parent, I can’t imagine a worse feeling than that. The Green Party of P.E.I. eagerly awaits the public release of the full report from the public health review of this matter so that we can all gain a much more complete understanding of the issue.
Trish Altass is the Green Party Candidate in District 23, Tyne Valley - Sherbrooke.
RUSSELL WANGERSKY: Nothing to see here
GUEST OPINION: Let’s not cheer for the new NAFTA
Updated Jun 28, 2019 at 8:05 a.m.
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Eisenkot to U.S.: Condition support of Lebanese army on action against Syria
The United States has provided more than $1.7 billion to the LAF since 2006.
Former IDF Chief of Staff Gadi Eisenkot. (photo credit: TAMIR BARGIG)
Former IDF chief of staff Gadi Eisenkot called on the United States to condition its continued support to the Lebanese Armed Forces on two conditions: the LAF takes steps to intercept weapons transferred to Hezbollah from Syria and acts against Hezbollah strongholds in the southern part of the country.
The United States has provided more than $1.7 billion to the LAF since 2006 alongside light-attack helicopters and weapons like Hellfire air-to-ground missiles, precision artillery, and TOW-II anti-tank missiles.
Eisenkot wrote the proposal in a policy paper published by the Washington Institute where he is currently serving as a guest fellow. Eisenkot stepped down as chief of staff in January. In the paper, titled “13 years since the Second Lebanon War”, Eisenkot – who served as head of the IDF Operations Directorate during the war, outlined what Israel would like to see happen in Lebanon in order to avoid a new conflict with Hezbollah.
“Because Lebanon’s military depends on foreign aid, donor countries can condition their contributions on the LAF becoming more active on two fronts: intercepting weapons transferred through Syria and increasing operations in Hezbollah strongholds south of the Litani River,” he wrote. “Concurrently, the international community should pressure the civilian government to boost its sovereignty in the south and take full responsibility for what happens there.”
Eisenkot also called on the United Nations to “reinvigorate” the mandate of the UNIFIL peacekeeping force in Lebanon as part of an effort to restrict Hezbollah.
First, he said, UNIFIL needs to have its mandate extended and expanded so it can have more authority on the ground in Lebanon to “constrict Hezbollah’s influence.” Eisenkot specifically called to empower the force with the ability to operationally enforce UN Security Council Resolution 1701 which ended the war in 2006 as well as to increase the current number of troops.
Eisenkot also called on the international community to monitor the Lebanese-Syrian border which is used to transfer weaponry to Hezbollah and to keep its pressure on Iran to withdraw from Syria and Lebanon.
“Increasing the U.S.-led effort against Iran would also weaken Hezbollah’s strategic position, in part by limiting how much the group and its patron can influence Lebanon,” he wrote.
By JERUSALEM POST STAFF, REUTERS
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Home News National News Archbishop Martin on Mental Health Care
Archbishop Martin on Mental Health Care
Read the full text of the address given by Archbishop Diarmuid Martin at a recent Conference on the Future of Mental Health Care in Ireland in which he spoke of our innate dignity and our need for healthy relationships.
Address of Archbishop Diarmuid Martin
National Mental Health Care Conference 2010
Conrad Hotel, Dublin, 16 September 2010
source – www.dublindiocese.ie
Mental health care is about respecting and enhancing human dignity and best enabling people to enter into mature and healthy relationships.
I would like to join with Minister Moloney in congratulating the organizers of this Conference on the Future of Mental Health Care in Ireland. The Conference addresses issues of importance for many individuals, for their families and indeed for Irish society as a whole. It is timely that our reflections on the significance of mental health care takes place when health care overall has to address serious economic challenges and when it is vital to prioritize the requirements of mental health care as we reflect on how best to how to allocate scarce resources.
I speak as a religious leader. The basic biblical teaching about humankind is that God created human persons in his own image and likeness. In the biblical tradition that basic affirmation is amplified to read “male and female he created them”. Taken together these affirmations stress two values: we are created with innate dignity in God’s image and likeness and we are created as relational beings. Mental health care is about respecting and enhancing human dignity and best enabling people to enter into mature and healthy relationships.
What do we mean by the image and likeness of God? Firstly let us look at the concept of God. If we misunderstand who God is, then we misunderstand who we are. In the Christian tradition God is not a distant God or a simply a remote first cause. For the Christian tradition, God is love. If God is love and we are created in God’s image then we are saying that human beings are created to be loving people, people able to love and to be loved. If we mistake God as some distant punitive being, then our own self-understanding will be distorted and our ability to love ourselves and others will be warped and our self-esteem will be undermined.
The Christian understanding of God as Trinity means that God is not a closed God. God’s own life is about communicating and above all about loving. Once again we see that if God’s own life is about love and intercommunication, then being fully human is not about individualism, but about being able to communicate and to love.
There is no need to be anxious; it is not my intention to give a homily or a theological lecture this morning. I wish however to base my reflections on the future of mental health care from my point of view as a religious leader. It is also important to openly face areas where false understandings of religion can lead to particular mental health problems.
When I was in primary school my religious education was essentially based on a very abstract catechism. I still remember some of the questions and answers and they were drummed into my memory so effectively that I have a feeling that, even in the days of inevitable memory-loss as the years pass, those catechism answers will probably be among the last things to vanish from my memory!
When I moved to secondary school we moved to another form of religious education. We learned about the miracles of Jesus, but we learned about them in a strange and unusual context: to prove that Jesus was God. The argument was simple. Jesus worked miraculous acts, he healed the sick, he raised people from the dead, he calmed the seas. Jesus therefore had special powers which went beyond any human explanation, therefore he was God. It was a perfectly rounded argument which, the theory went, even the most ardent atheistic communist would be unreasonable to reject.
I am not sure how many communists were actually moved by such reasoning or indeed how many of us students ever went out to convert the communists. That is not the point I wish to make. What was totally absent from this reasoning was the nature of the miracles of Jesus. Jesus did not work tele-miracles. He was no miracle showman. His miracles were primarily miracles of care, of care for people who for various reasons had not been able to live their life to the full. His miracles were miracles of healing and freeing people from the physical and mental barriers which had ensnared their lives. The miracles freed them so that they could live their life in a different way, re-establishing in themselves that fundamental dignity of bearing within them the image of God.
Jesus did not work tele-miracles. He encountered each sick or troubled person individually. He laid hands on them individually. Far from performing dramatic publicity-seeking gestures, Jesus constantly told those he cured not to tell anyone. Very rarely did he invite those whom he cured to join the company of his disciples and move to the next villages with him preaching the kingdom; rather he sent them back restored into their communities. The aim of healing was not to create a new group of the healed to be utilized, even for his own mission; their return to wholeness was a value in itself. It was sufficient that the person has regained the fullness of his or her dignity and could take up normal life again.
Mental health care has to set a similar aim, that of enabling every person to live as full a life as possible for as long as possible, being assisted where necessary but above all without creating any sense of long-term dependency. Mental health care is not just about resorting to drugs or institutionalisation however necessary they may be. Mental health care is about the wholeness of the person and mental health care must constantly seek new ways to address the effective recovery of wholeness, especially in the face of the distressing conditions such as that of depression.
That wholeness and restoration of dignity cannot be isolated from the dimension of relationship which is another dimension of being human. Mental health care is not just about treating a series of isolated individuals. Each individual exists within a network of relationships. The cause of mental illness may in many cases be rooted in relationships which were profoundly damaging, whether through dysfunctionality or through some form of abuse or exploitation. Restoration of wholeness requires addressing the relational origins of disease, as is done for example in family therapy. It may require an intense effort to enable people to have the confidence once again to establish relationships, particularly when confidence has been undermined by abuse or exploitation.
It is also interesting to see how those cured by Jesus are sent back to their communities, even though these communities may not be the ideal. Lepers are told to go back and show themselves to the priests, to the rituals of the times which would certainly not reflect the professional standards of today. The point is that those who are healed are sent back into the real world, to their community whatever it is like. Healing also entails an ability to cope and to live not just in an ideal world but in the real world with all its limitations and compromises.
I imagine that much of your discussion today will focus on the role of community in mental health care. There has been, thank God, a radical change from institutionalization of the mentally ill – still needed today in some circumstances and for the time necessary – to care within the community. But what type of community? The community to which mental health care is entrusted must be a caring community. And that is not always the case, especially in its attitudes towards the mentally ill. There is no way either in which a dysfunctional community will heal dysfunction.
A healthy community has to address a series of taboos and elements of stigma which have traditionally been attached to mental health and still exist today. It will be necessary to address the personal emotions and anxieties of those close to the person suffering from mental illness. They will find it hard to cope in the best of circumstances, but they will find it impossible to cope if certain misunderstandings of mental illness continue to remain in public opinion.
Some forms of mental health bring extraordinary pressures of families and other supportive relationships. Restoring wholeness in the case of alcoholism or compulsive gambling means, for example, bringing wholeness back into a family relationship and restoring that relationship into a supportive and fulfilling context.
I believe that there is a special role here for community organizations and religious organizations to be more active. Religious bodies need also, however, to carry out a proper exegesis regarding some biblical references which refer to mental illness as the fruit of sinfulness or even diabolical possession. The primary emphasis of the Gospel message is that of freeing people from their burdens, no matter how these burdens were interpreted in the culture of the time of Jesus, and of rejoicing in the restoration of wholeness and dignity.
The danger still persists that some religious figures can seriously aggravate suffering and scruples by spurious religious theories and rituals. It is sad to see that a religion which is based on love and liberation from burdens can be distorted by some of its exponents to bring darkness and burden on people and to entrap them in anxiety rather than freeing them for life. As an aside, I might say that in the Archdiocese of Dublin in the past 20 years there has not been a single case of alleged possession investigated by the diocesan authorities which could not be explained in psychological terms. A Christian minister should be a minister of a message of love, one who enables people to enter into loving relationship, rather than creating new fears.
The Church has a good record in providing quality centres for mental health care of the young and the old, both in institutions and in the community. I know that this will be taken up in this afternoon’s session. Community care requires ways of building a participative community where people share burdens and where the weak are supported and carried. A religious presence in community care is not a question of substituting medical science with religious theory, much less any form of proselytism or exploitation for advantage. But there is a sense in which one’s religious faith, if it is authentic, can enhance one’s own professionalism and the quality of the professional medical service we provide. Much depends on the personal integration of our values into the manner in which we act.
Sadly this was not always the case. Recent reports have amply documented how many of the poorest and most vulnerable in our society were provided with poor quality care, in institutions and services provided by religious bodies. I constantly repeat to anyone within the Church involved in health care and the provision of social services that the poor deserve only the best. No one will be grateful to you if you provide poor quality care, even if it can be shown that in part this is due to inadequate public resources being available. Poor quality care will always be damaging to people and good intentions will not change that situation.
Poor quality care means any care which does not engage with those cared for in a loving relationship. You can have great care in poor facilities. You can have nice facilities with poor human care.
Ireland is undergoing a very difficult economic crisis in which necessary reduction in public expenditure is inevitably going to bring about a reduction in services and in the quality of services in health care in general and in mental health care in particular. Some of this can be made good by greater voluntary community involvement. However, increased voluntary community commitment will not spring up on its own. It must be fostered and it must be focussed on where such commitment is most needed and is most effective. Increased voluntary community commitment requires an appropriate policy framework if it is to be effective.
I would be particularly concerned about any drastic reduction in the level of services which permit people suffering from mental illness to live within the community, with support where necessary or even in a sheltered environment. Cutbacks in this area could rapidly result in many people no longer being able to live a full life on their own or with their family. The only alternative in such a situation would be institutional care and the facilities for such care in many cases no longer exist and without funding and regulation could easily end up being exploitative of the vulnerability of the mentally ill. This is an especially worrying challenge for the elderly in general and even more so for the elderly suffering from mental illness.
Let me say something about the question of the sexual abuse of children. I never for a moment imagined, in my work as a pastor, that I would have had to address the sexual abuse of children on such a wide scale, and that within the Church of Jesus Christ in Dublin. I express my recognition to those individuals and organizations which have brought attention to this serious problem and to the immense suffering that victims have endured, through abuse and through the lack of recognition of what happened to them. Abuse was reinforced by covering it up.
The Church is putting into place its own structures to address past and present aspects of this crisis. There is no way forward for the Church in carrying out its mission without adequately addressing its past. Addressing the past is painful, but it can be cathartic and liberating. Assessing the truth of the past objectively and accurately is a precondition for assessing what is happening today. A cultural framework which does not recognise and learn the lessons of its past will never constitute a suitable framework for moving towards a different future.
The Church has to address its past – honestly and completely – but it cannot be imprisoned in its past. Healing, however, takes time and must go forward at it own pace. There is no such thing as fast-track healing for victims. The aim of healing is to restore victims to full realisation of a self esteem of which they have been robbed. Regaining full confidence in relationships and self esteem is a slow process which can encounter many set backs, above all when victims perceive that there is an unwillingness to recognise the past or simply to put it aside as if it were no longer relevant today.
The problem of child sexual abuse is of course greater than the Church. I would hope that a wide coalition of groups might foster the use the tenth anniversary of the SAVI Report to take up the broad question of the sexual abuse of children in our society and to update and correct map of where this is taking place and whether our response to it is focussed and sufficient. I am particularly concerned about the slowness in addressing weaknesses in our current legislation, in addressing inadequacies in the resources available to the HSE, but also in addressing lack of clarity in the mandate of the HSE regarding the abuse of children outside a family framework.
Survivors need support in bearing wounds that may well remain with them perhaps for the rest of their lives. Families of those abused need support. One of the needs that many survivors have spoken to me about is also that of spiritual support and of being able to regain a sense of spirituality, especially where abuse took place in the context of betrayal of a spiritual mandate.
The question of perpetrators also needs examination. There is no adequate monitoring of perpetrators who are living in society. Many may constitute serious on-going risk to children. It is not a question of witch-hunting which is never in the interests of child protection and safeguarding. Prison without such therapy will only perpetuate the problem and the risk.
What are needed are programmes of rehabilitation and therapy in order to enable those who have offended to be in charge of their lives, to recognise the signs of regression. We must provide programmes which provide support to perpetrators and which at the same time protect children. The Archdiocese of Dublin has employed for some years a person who specifically provides support and monitoring of priests who have offended. It is one small step.
I also believe that here is need for some way of helping and care for people who discover that they may have a paedophile tendency, but have neither committed nor would wish to commit any criminal activity. It must be one of the most horrible and fearful secrets that a person has to bear in their hearts. I believe that some form of confidential care could be provided to enable such persons to cope with their situation well before they reach a crisis point. Preventive care must be an essential dimension of mental health care in all areas.
There is no way in which I would have the competence to set out the various areas where prevention is needed. Certainly we can all agree that we need urgently to address the question of suicide prevention and especially that of youth suicide. The current economic crisis will unfortunately inevitably lead to an increase in suicide.
I set out in my reflections looking at some of the basic religious tenets which I believe are relevant to reflection on mental health care in the future. My aim was not to present a narrow religious framework or platform but to look at some basic values about life and love and the value of life which spring from religious inspiration but which we can all share.
Mental health care is about people, and not just about techniques. It is about people who have become fragile and distressed, but who share the same dignity as all of us do. Our processes of healing and caring should be those which aim to ensure that others can enjoy life to the full and that we rejoice in the fact that our work as individuals and as a community can help restore dignity and the ability to establish healthy relationships to those who have not been able to enjoy wholeness. There are few callings which can be so noble and as fulfilling as one which restores others to personal fulfilment. I hope that in the years to come we can be more and more successful in this challenging task.
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What the Midterm Election Results Mean for Exchanges
Sen. Bob Corker (R-TN), a strong supporter of our programs, is retiring at the end of this Congress.
Image courtesy of Wikimedia Commons
While most of the “team” will be back for next season, we’re losing some key impact players.
That’s my quick, sports-heavy summary of the impact of the 2018 midterm elections on international exchange programs.
The midterms as a whole produced a sizeable shakeup. The Republicans expanded their majority in the Senate by two seats, and the Democrats flipped the House by winning at least 40 new seats.
The impact on exchanges, however, is more muted. The majority of active supporters of the Department of State’s Exchange Visitor Program (EVP) will return in 2019 for the 116th Congress. We’ll retain most of our supporter group. There are, however, a number of especially key supporters of exchanges who will no longer be in Congress, due to retirement or defeat. We’ll miss the impact of these core players.
Here are three broad takeaways for exchanges from the midterms:
1. 86% of Active EVP Supporters Returning
In 2017-18, 70 Representatives and 37 Senators were active on Exchange Visitor Program issues. By “active,” I mean that these Members were tangibly engaged in support of exchange programs, such as by signing House and Senate EVP support letters, co-sponsoring House or Senate support resolutions, or otherwise specifically engaging with the exchange community.
Of these Members, 86% are returning to Congress (92 out of 107):
In the Senate, 36 out of 37 are returning. Only Sen. Bob Corker (R-TN) is departing (more below).
In the House, 56 out of 70 are returning. Of the other 14 Members:
Eight retired.
Four were defeated.
One was elected to the Senate.
One race is still in a recount (Maine’s 2nd district).
2. Five Flips, All from R to D
Of those 14 House seats that will see change, party flips occurred in five, all from Republican to Democrat:
Jeff Van Drew (D-NJ-12) replacing Rep. Frank LoBiondo (R) [retirement]
Elaine Luria (D-VA-2) replacing Rep. Scott Taylor (R) [defeat]
Jennifer Wexton (D-VA-10) replacing Rep. Barbara Comstock (R) [defeat]
Antonio Delgado (D-NY-18) replacing Rep. John Faso (R) [defeat]
Max Rose (D-NY-11) replacing Rep. Daniel Donovan (R) [defeat]
International exchanges have always been a bipartisan issue, strongly supported from both sides of the aisle. A small tilt of five seats towards Democrats follows the broader trend of the election and is unlikely to have a major impact on support for our issues.
Thinking about the long term, however, it’s important for the exchange community to retain balanced, bipartisan support. The overall picture of our 107 active Members definitely skews Democrat: the 70 House members are 75% Democrat, and the 37 Senators are 65% Democrat. Thus, it’s incumbent on the exchange community not only to continue to aggressively enlist new supporters from both sides of the aisle, but also to establish a particular focus on Republicans for balanced, bipartisan support.
3. Four Key Supporters are Retiring
The key impact players the international exchange “team” is losing to retirement include:
Sen. Bob Corker (R-TN): As chair of the Senate Foreign Relations Committee, Sen. Corker has long been a strong, active supporter of the Exchange Visitor Program and exchanges in general.
[Rep. Marsha Blackburn (R-TN) was elected to fill Corker’s Senate seat. Rep. Blackburn has also expressed her support for the EVP over the years, including signing on to the House support letter.]
Rep. Frank LoBiondo (R-NJ): Rep. LoBiondo has represented the Wildwood-Jersey Shore area since 1995, and has been a staunch supporter of the Summer Work Travel program over the years, most recently coleading the House support letter.
Rep. Charlie Dent (R-PA): As a member of the House State and Foreign Operations Appropriations Subcommittee, Rep. Dent has been an active and vocal supporter of international exchange programs over the past decade, including always pushing for robust funding.
Rep. Steve Pearce (R-NM): Rep. Pearce is a founding co-chair of the Congressional Caucus on International Exchange and Study.
While most of the Congressional international exchange “team” is still intact, we’ll have to work to find and develop new impact players to take the place of those who are departing. It will be vital for all of us in the exchange community to engage with our Members of Congress early in 2019 to re-active our supporters, and to create new ones.
Mark Overmann
After studying in France and teaching in China, Mark was hooked on cultural exchange. He's worked in the field of international education and exchange for more than 10 years, and is InterExchange's Vice President of External Affairs.
Wednesday December 12, 2018
Advocacy Politics J-1 Exchange Program
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House plan approved at Oldmeldrum
The single house will be located at the edge of the course
The future of Oldmeldrum Golf Club has been secured thanks to councillors at the Formartine Area Committee.
Plans to build a single house on land at the golf course went before councillors on Tuesday, January 22.
The site in question is located directly behind an existing house next to the A947 and A920 junction.
It is currently used for turf growing, but it had been classed as “obsolete” as it is cheaper for the Golf Club to buy new turf compared to the man hours needed to maintain and cut their own.
The planning application received a total of 149 representations, all of which were in support of the idea.
However in a report put to councillors ahead of the meeting, council planners recommended that the plan be refused as the land had never been developed, and that the development itself was contrary to policy in the Aberdeenshire Local Development Plan.
Speaking at the meeting on behalf of the club, Patricia Ramsay said that it is currently facing financial difficulties and the debt that it has is preventing the club from moving forward.
She added: “The sale of this unused piece of land is the only way of raising much needed funds.
“This would be a lifeline to this community asset.”
After discussing the plan, councillor Paul Johnston suggested that the plans be approved with a delegated grant, and his decision was backed by councillor Karen Adam.
Cllr Johnston said: “We have to think about the public circumstances, this is a private club but should it have to wind up, that would have a knock-on effect in the local community.”
The proposal went to a vote and seven councillors backed the plan with just one vote against it.
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9f9b4ea2-62d7-4674-9359-d8f9cdd1e363
Newry environmental leader in major Singapore deal
FM Environmental, the Newry-based specialist in waste water management, is to help caterers in the state-of-the-art Terminal 3 at Changi International Airport, Singapore to eliminate grease pollution.
The company is to supply 22 of its leading-edge Grease Guardian machines, worth around £100,000, to the terminal in the deal signed following the recent Invest Northern Ireland trade mission to Singapore, Malaysia and Thailand.
Announcing the latest contract for Grease Guardian, Eamonn Fitzpatrick, FM Environmental Chairman, said: “This is an immensely important breakthrough for us in a market that we have been targeting for many years. While we have sold a number of Grease Guardians to restaurants there over the years, the contract with Changi International Airport is easily our most prestigious and important. It gives us a high profile reference site for our equipment in Singapore that will be of enormous benefit in negotiations with other potential customers.
“Changi Airport is one of the biggest and most impressive buildings under construction in the Asia Pacific region. It has been designed to handle 22 million passengers and will have around 30 restaurants and other food outlets. The contract with the Civil Aviation Authority of Singapore establishes the FM Environmental Grease Guardian brand in this landmark building that features many unique environmental features. Grease Guardians will be used to separate and manage fat and grease from water in catering operations.
“Invest NI trade missions have long been an integral part of our export marketing strategy. The practical support and financial assistance enable a smaller company like FM Environmental to punch above its size and to have a wider global reach. We’ve also used missions to find a distributor and establish a presence in distant markets such as Australia and recently secured an order there worth £500,000 for Grease Guardians,” he added.
Welcoming FM Environmental’s latest export contracts, Alan Hingston, Invest NI’s Director of Trade, said: “This company is one of the many exceptional success stories of our Passport to Export programme. It’s tremendously encouraging for us to see how FM has developed into a global company with an impressive portfolio of ‘blue chip’ clients including the world’s leading fast food companies, international hotels and major airports such as Heathrow, Barcelona, Schipol in Amsterdam, and Oslo.
“FM Environmental has achieved this standing through a business strategy based on a relentless pursuit of export opportunities, a dedication to superior customer service and continuous investment in its products. FM is an excellent role model for other SMEs of how to succeed in today’s challenging business environment.
“Our Passport to Export programme has been designed to help SMEs in particular to pinpoint and exploit opportunities in world markets in a structured way that helps to optimize potential and minimise risk,” he added.
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PHOTOS: Capitals celebrate their historic Stanley Cup win
Alex Ovechkin #8 of the Washington Capitals reacts after his team defeated the Vegas Golden Knights 4-3 in Game Five of the 2018 NHL Stanley Cup Final at T-Mobile Arena on June 7, 2018 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
Washington Capitals left wing Alex Ovechkin (8) hoists the Stanley Cup after defeating the Vegas Golden Knights in game five of the 2018 Stanley Cup Final at T-Mobile Arena. Mandatory Credit: Gary A. Vasquez-USA TODAY Sports
Jun 7, 2018; Las Vegas, NV, USA; Washington Capitals left wing Alex Ovechkin (8) hoists the Stanley Cup after defeating the Vegas Golden Knights in game five of the 2018 Stanley Cup Final at T-Mobile Arena. Mandatory Credit: Gary A. Vasquez-USA TODAY Sports
Jun 7, 2018; Las Vegas, NV, USA; NHL commissioner Gary Bettman presents Washington Capitals left wing Alex Ovechkin (8) with the Stanley Cup after game five of the 2018 Stanley Cup Final against the Vegas Golden Knights at T-Mobile Arena. Mandatory Credit: Gary A. Vasquez-USA TODAY Sports
Jun 7, 2018; Las Vegas, NV, USA; Washington Capitals players celebrate after defeating the Vegas Golden Knights in game five of the 2018 Stanley Cup Final at T-Mobile Arena. Mandatory Credit: Gary A. Vasquez-USA TODAY Sports
PHOTOS: NFL Honors red carpet
10 years later: This is what the Beijing Olympic Venues look like now
PHOTOS: Day four of the 2018 Seahawks Training Camp at VMAC in Renton
Photos from the 2018 ESPYS
Photos from the 2018 MLB All-Star Game
PHOTOS: 2018 MLB Home Run Derby
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Amy Cortese, Founder & Editor
Locavesting.com is the brainchild of Amy Cortese, an award-winning journalist, author and speaker whose recent work centers on the intersection of crowdfinance and community. Amy was an editor at Business Week overseeing the magazine’s software and Internet coverage in the 1990s, and a vice president at Wit Capital, an online investment bank, during the ill-fated dot-com boom. As an independent journalist, she’s been a frequent contributor to the New York Times and other publications. Her book, Locavesting, The Revolution In Local Investing And How To Profit From It, published in 2011, chronicles the local investing movement and explores how a small shift in investment away from multinationals towards locally-owned enterprises can reap enormous economic and social benefits for individuals, their communities and the country.
She created Locavesting.com to continue the conversation started by her book and to investigate the unfolding financial and economic transformation.
Amy has been named one of the Top 30 Crowdfunding Thought Leaders, and has given talks from Seoul, South Korea to TEDx Maui. She was a 2014 Change Agent in Residence at the Bainbridge Island Graduate Institute, the nation’s first sustainable MBA program.
Robert McCanless, Managing Editor
Robert spent many years funding, working with and running small businesses. He was also the founder and publisher of an alternative monthly paper about horticulture. A self-taught techie, he wears many hats and keeps the trains running on time.
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TALK | The Survey of London: Recording London’s built environment since 1894
event Tuesday, 6 February 2018
Founded in 1894 by Charles Robert Ashbee, architect and social reformer, the Survey of London has consistently maintained a public history mission, adapting methods to meet changing expectations. It has resided in several institutions, ranging from the London County Council to the Bartlett School of Architecture at University College London, its present home where it is going strong. The Survey’s approach is to tackle a district, usually an historic parish, to pull together an authoritative and detailed history of development, chronicling all existing buildings and others now demolished, with drawn and photographic illustrations of a high standard.
The Survey's 51st and 52nd volumes, covering Marylebone between Oxford Street and the Marylebone Road, were published in October 2017. A study of Oxford Street itself will follow, as will another of Whitechapel, from research based online through an interactive map-based website that incorporates public (your) contributions. The last decade has seen the completion of work on Battersea, Woolwich and Clerkenwell.
Peter Guillery has been a researcher and writer for the Survey of London since the 1980s. Peter will present an illustrated talk on the Survey’s origins and progress, highlighting recent work on Clerkenwell, Marylebone and Whitechapel.
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Our Catholic Faith
Saint Augustine of Canterbury
Feast day May 27
Little is known of the early life of sixth-century Augustine of Canterbury, except that he became a great monk and was a friend of Pope Gregory the Great. Gregory appointed him to lead 30 missionaries to evangelize England. As the group traveled, news reached them of the dangerous English Channel they had to cross and the fierce tribes in England. The missionaries persuaded Augustine to return to ask the pope if they could give up the journey. Gregory encouraged the fearful Augustine and sent him back.
The missionaries, who could not speak English, were met by Ethelbert, king of Kent. The king was married to a Christian princess from Paris, so he gave them a house and allowed them to preach. But he hesitated to give up his pagan beliefs. Augustine wrote many letters to Pope Gregory, asking for advice about his work. Through Gregory, the missionary efforts in England were profitable. He instructed the men to respect local customs, to not destroy pagan temples (only the idols), and most of all, to give witness by their lives.
The monks did what Gregory instructed them to do. They preached, cared for those who were poor, endured hardships patiently, lived simply, and prayed much. By 601, Ethelbert and many others were baptized. Augustine was able to plead for more missionaries. Gregory sent more men and sacred books, sacred vessels, and relics. Augustine built the first cathedral in Canterbury. Conversion of the people was slow, and Augustine died after only seven years in England, without seeing the faith take root.
Instruct the students to read the First and Second Timothy and compare the advice given in them to Gregory’s advice. Then direct them to imagine that they are Augustine and to write a letter to Gregory.
Excerpted from Christ Our Life, by Sisters of Notre Dame of Chardon, Ohio
Image credit: Saint Augustine as depicted in the Saint Petersburg Bede by unknown artist, 8th century. Public Domain via Wikimedia.
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Imagine a Mother Teresa in the France of Napoleon’s day and you will have a picture of Anne-Marie Javouhey.
Saint Bonaventure’s feast day is July 15. Read his story here.
Our Lady of Mount Carmel’s feast day is July 16. Read about it here.
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Saint Camillus de Lellis’s feast day is July 18. Read his story here.
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Saint Macrina’s feast day is July 19. Read her story here.
Saints Main Page
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Trump Hosts Hungary's Orban at White House
U.S. President Donald Trump met with Hungarian Prime Minister Viktor Orban on Monday — the first visit of the controversial leader to the White House since he returned to power in 2010.
Orban, Hungary's prime minister from 1998-2002 and again since 2010, has been criticized by the European Union, of which it is a member, as well as international human rights groups for a perceived decline in human rights and democracy in his country.
Speaking next to his Hungarian counterpart Monday in the White House, Trump applauded Orban's hardline immigration policies, which have been criticized by human rights groups around the world, saying Orban has "done the right thing" on immigration.
"He's … probably, like me, a little controversial but that's OK, that's OK,” Trump said.
Sitting to Trump's right, Orban told reporters Monday that Hungary is "proud to stand with the United States on fighting illegal migration.”
The two leaders said their talks were to focus on trade and "global political issues."
On Friday, a group of U.S. Senators and members of the Foreign Relations Committee wrote a letter to President Trump, urging him to discuss concern over Hungary's "downward democratic trajectory.”
"Hungary has experienced a steady corrosion of freedom, the rule of law and quality of governance according to virtually any indicator," the letter read.
Among those indicators is the "partly free" designation given to Hungary by the Heritage Foundation's Index of Economic Freedom — the first country in the European Union to see such a decline.
"The Hungarian government fails to respect the rule of law and human rights," Human Rights Watch writes in its current country profile of Hungary. "Government representatives are increasingly hostile to journalists and critics and engage in anti-migrant, anti-Muslim and xenophobic rhetoric including through publicly funded campaigns."
The White House has not responded to the recent letter from members of the U.S. Congress expressing concerns about Orban.
Last month, Secretary of State Mike Pompeo and Hungary's Minister of Foreign Affairs and Trade Peter Szijjarto signed a bilateral defense cooperation agreement on the sidelines of events marking the 70th anniversary of the founding of NATO.
上一篇：voacorr 2019-05-13 Ships 'Sabotaged' off UAE Coast
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KSU center recognized for continued excellence in computer security research
March 13, 2019 by Post Staff Leave a Comment
Eugene Vasserman. Photo courtesy KSU
MANHATTAN — The Center for Information and Systems Assurance at Kansas State University has once again been redesignated as a National Center of Academic Excellence in Cyber Defense Research by the National Security Agency and the Department of Homeland Security.
“Kansas State University received its initial designation in 2010,” said Eugene Vasserman, director of the center and associate professor in computer science and Michele Munson-Serban Simu Keystone research scholar. “It was redesignated in 2014 and now again in 2019 through 2024.”
The mission of Center for Information and Systems Assurance is to conduct fundamental and applied research in information and computer security and high-assurance systems, as well as advance the knowledge of students in many disciplines within and beyond engineering.
“Systems and information assurance is a cross-cutting area of computer science as well as many other disciplines,” Vasserman said. “It is the theory and practice behind the design and operation of safe, secure and reliable systems across a broad spectrum of applications including hardware, networking and information storage.
“The center also engages the professional community in collaborative efforts that support the understanding, operation and development of secure software systems that pervade our society.”
Vasserman headed up the redesignation effort and emphasized the benefit it brings to the university.
“We are doing cutting-edge research that is important and valuable,” he said. “This designation certifies that K-State continues to operate a highly regarded center for cybersecurity research — we are a place that knows security.
“Potential students pay attention to this designation — we often get questions asking us to confirm that, yes, you can come to K-State where you will be able to contribute to these research efforts.”
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Strickland Road Historic District
Greenwich Town
Post Office: Cos Cob
River Road-Mead Avenue Historic District
The Strickland Road Historic District was listed on the National Register of Historic Places in 1990. Portions of the content on this web page were adapted from a copy of the original nomination document. [†] Adaptation copyright © 2010, The Gombach Group.
The Strickland Road Historic District is a small residential area in the Cos Cob section of the Town of Greenwich. It is located between the Boston Post Road (U.S. Route 1) on the north and Interstate 95 on the south. The majority of the resources are located on Strickland Road, with a few related properties on the adjacent Loughlin Avenue.
The Strickland Road Historic District contains 37 resources, of which 28 (75%) contribute to its historic character and were built between 1740 and 1934, the period of significance of the district. Two non-contributing primary buildings are a 1947 Colonial Revival style house (8 Loughlin Avenue) and a modern but compatibly designed barn-type building which houses the headquarters of the Historical Society of the Town of Greenwich, Inc., one of five buildings on this property (39 Strickland Road). The main building on this property is the Bush-Holley House, a Dutch Colonial built about 1740 which is listed on the National Register of Historic Places. The remaining non-contributing buildings are secondary structures, such as garages, built after the period of significance.
Strickland Road was laid out from the Post Road to Cos Cob Harbor at least by the early eighteenth century. The path and width of this road to the Lower Landings as the area was called at that time, has not changed.
Major changes have taken place outside the Strickland Road Historic District boundaries. These include the construction of Interstate 95, particularly the elevated section of the approach to the Mianus Bridge immediately south of the district. An eighteenth-century millpond created by a tidal dam at the mouth of Strickland Brook on the west side of Cos Cob Harbor still exists and partially forms the eastern boundary of the district. A post-World War II housing development on Mill Pond Court, also not included in the district, is located adjacent to this pond on the east side of Strickland Road.
The residential development of the Strickland Road Historic District is demonstrated by the distribution of the contributing resources over time: four (14%) built in the eighteenth century: eleven (39%) in the nineteenth century, and thirteen (46%) after 1900. These include 23 houses and one store built in a variety of architectural styles, ranging from the Colonial, through the Federal, Second Empire, Italianate, Queen Anne, Colonial Revival, Bungalow/Craftsman, and Tudor Revivals.
Although the Strickland Road Historic District is primarily residential today, historically its buildings have also been used for commercial purposes on a limited basis. The merchants of the Bush family operated the family mercantile trade out of the Bush-Holley House in the eighteenth century (39 Strickland Road). The David Bush Store on the adjoining property to the west is presently vacant, but has been used for residential purposes after its period of commercial use, and as a post office from about 1899 to 1920. Several other houses had a commercial function during part of their history, such as the Ephraim Lane House (34 Strickland Road). In the later nineteenth century this building housed a millinery.
All but three of the buildings are of wood-frame construction, set on brick or granite foundations. The exceptions are a combination of brick and stucco vernacular houses built in 1934 and influenced by the Tudor Revival style (38, 40 and 42 Strickland Road).
The houses range in height from 1-1/2 to 2-1/2 stories with varying setbacks from the street line. The setbacks generally correspond to the period of construction with the earlier houses sited closest to the road. The distance from the road became progressively greater through the last half of the nineteenth century, followed by more moderate setbacks in the early part of the twentieth century. Several examples of the earlier traditional siting are the 1749 Captain James Waring House and its neighbor, the circa 1820 Ephraim Lane House, and the 1784 David Bush Store (30, 34 and 43 Strickland Road). Another case in point is the Brush-Wilmot House, an unusual example of the Federal style. Not only is it sited close to the road, it has a high basement with flushboarding on the facade at both grade and the first-floor (36 Strickland Road).
A preference for the deeper setbacks is shown by the streetscapes of the southwest side of Strickland Road and the sole example of the Italianate style (9 Strickland Road) in the district, located just behind the commercial properties on the Boston Post Road. The larger, more stylish houses of the Victorian period, such as the Brush House, designed by an architect in the Second Empire style were located even further back from the road (31 Strickland Road).
By the twentieth century, more moderate setbacks were customary in the Strickland Road Historic District for the vernacular examples of the Queen Anne and Colonial Revival styles (23 and 10 Strickland Road). The Bungalows built between 1919 and 1927 and concentrated at the north end of the district are uniformly sited a short distance from the street (3 Loughlin Avenue; 13, 15, 17, 19 and 35 Strickland Road). Historic residential development was complete in 1934 when several Tudor Revival inspired brick and stucco cottages were built and sited at a slight angle to the street line at the south end of the district. Undoubtedly, their pastoral setting next to the Mill Pond contributed to this less formal orientation to the street (42 Strickland Road).
The Strickland Road Historic District is architecturally significant as a small cohesive, residential community distinguished by its architectural variety and excellent state of preservation. It reflects the historical development of the Village of Cos Cob in the Town of Greenwich from 1740 to 1934.
The Strickland Road Historic District encompasses much of the area known as the Lower Landing, one of two major maritime distribution centers in Cos Cob Harbor in the eighteenth century. It was first settled by men of Dutch descent who bought land set aside as common land by the town. Chief among these was David Bush (formerly Bosch), a wealthy merchant who was largely responsible for the mercantile development of Cos Cob in the eighteenth century. He traded with New York and ran a tidal grist mill in the area (no longer extant). His house, the Colonial centerpiece of the district, displays Dutch architectural influences in its construction (39 Strickland Road). Among these are the use of yellow brick and the distinctive rounded fireplace backs.
The Lower Landing flourished as a port well into the nineteenth century, attracting other tradesmen and merchant captains to the area. Captain James Waring built his Colonial/Federal house in 1749 at 30 Strickland Road. Ephraim Lane, a blacksmith, built his Federal style house next door at 34 Strickland Road. Visitors to the port shopped at several stores of various types, including a millinery shop run by Lane's daughters out of their house. The store built by David Bush in 1768, one of at least two in the area in the nineteenth century, eventually was the site of the local post office (43 Strickland Road). The Brush family, who are well represented in the district, were also involved in the maritime trade, George Brush as a sea captain (31, 35 and 37 Strickland Road).
Although packet boats continued to operate from the Lower Landing through most of the nineteenth century, the importance of the port as a transportation center waned after the railroad became established in Greenwich. As the locus of commercial interest shifted to Greenwich Avenue, today's central business district for the town and the location of the early railroad depot, the district reverted almost completely to residential use, a process that was completed by the burning of the tidal grist mill in 1899.
A corresponding lull occurred in residential development in the last quarter of the nineteenth century. Only one house was built at this time, a modest Italianate near the Post Road (9 Strickland Road). A resurgence in residential construction occurred around the turn of the century, with four houses built in this period, mostly in several versions of the Queen Anne style. In the twentieth century, houses were more likely to be mass-produced, a phenomenon reflected on Strickland Road, albeit to a modest degree. Of the 14 houses built in the district between 1899 and 1934, the majority are Bungalows constructed after 1914. Both the Bungalows and the slightly later Tudor Revival style cottages built in 1934 reflect the exclusive residential use of the district by that time.
Architectural Significance
Distinguished by its variety of styles, forms, and siting, and enhanced by its excellent level of preservation, the Strickland Road Historic District during its 200-year history reflects the changing patterns of residential development common to the Northeast. Despite this esthetically pleasing diversity, the district is cohesive, tied together by its predominantly residential historic function, and limited by its size. The physical barriers that establish the boundaries of the Strickland Road Historic District, some unfortunate and man-made such as the elevated Interstate 95, and others such as the millpond which adds a rural charm to the area, have not only confined development there, but have defined a contiguous, readily identifiable historic residential community. Its rural residential quality is enhanced by the winding pattern of Strickland Road, which is shaded by mature trees, and the proximity of some of the older houses to the road.
Some of the earliest houses in the Strickland Road Historic District are of particular architectural significance. Generally Federal in style, each is a unique example, but they share some notable architectural features. Several have flushboarding on the facade, a detail more commonly associated with the Greek Revival style. These include the exceptionally fine Brush-Wilmot House, with its unique high-basement configuration, the David Bush Store, and the Ephraim Lane House (27, 43, and 34 Strickland Road). This feature is displayed across the entire first level of the facade of the latter building, which suggests that its pedimented open porch may be a later addition, possibly a replacement for an earlier full-facade porch. The Lane House shares other similar features with the Brush-Wilmot House, especially the narrow sidelights on the side-hall main door.
The individually distinguished Second Empire Brush House (31 Strickland Road) set the stage for the increasing variety of styles in the district in the Victorian period. Its present appearance is possibly the result of a 1970s restoration, especially the Georgian Revival style features such as the quoining and the pedimented central window at the second floor. The configuration of the facade fenestration, in particular the tall first-floor windows, suggests that this house may also have had a facade porch.
Several groups of houses built in the Strickland Road Historic District in the late Victorian period are important as representative well-preserved examples of their respective types or styles. They include the vernacular Queen Anne and Colonial Revival styles built by the turn of the century. All of them are well preserved and each one is an individual expression of its style, such as the Queen Anne at 23 Strickland Road.
The stuccoed Bungalows, which are influenced by the Craftsman style and were popular in the district after World War I, are another distinctive group clustered at the north end of the district (3 Loughlin Avenue; 13, 15 and 17 Strickland Road). Nearly identical in the use of exposed rafter ends, central eyebrow dormers, and hipped roofs, these houses have exceptional architectural integrity.
Clarke, Elizabeth W., ed. Greenwich Historical Collections. Historical Society of the Town of Greenwich, January, 1970.
"Report of the Historic District Study Committee with Respect to the Creation of an Historic District in the Strickland Road Area of Cos Cob, CT."
†Jan Cunningham, Consultant, and John Herzan, Connecticut Historical Commission, Strickland Road Historic District, Greenwich, CT, nomination document, 1989, National Park Service, National Register of Historic Places, Washington, D.C.
Strickland Road Historic District Map
Loughlin Avenue • Strickland Road
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Compared to the federal government, U.S. states have limited ability to implement and enforce international agreements, including the Paris pact, which is aimed at preventing the planet from warming 2 degrees Celsius, or 3.6 degrees Fahrenheit. But with the world’s sixth largest economy and a thriving tech sector, California hopes to hold together some of the international alliances now frayed by Trump’s decision.
“California will resist this misguided and insane course of action,” Brown said in a statement after the president’s announcement. “Trump is AWOL but California is on the field, ready for battle.”
Trump is AWOL but California is on the field, ready for battle
California Gov. Jerry Brown
Speaking from the White House Rose Garden on Thursday, Trump said he decided to withdraw from the Paris pact because it was unfair to U.S. businesses and workers. He said he would seek to renegotiate the agreement – signed by more than 190 countries – in terms that would better benefit U.S. workers.
“We’re getting out but we will start to negotiate and we will see if we can make a deal that’s fair,” he said.
Brown quickly challenged Trump’s claims, stating in a call to reporters that California’s economy has grown even as the state has implemented a cap-and-trade system for greenhouse gases and tougher vehicle emissions standards. “Trump is saying this is bad for jobs. It is good for jobs – the jobs of the future,” Brown said.
Along with the German state of Baden-Wurttemberg, California in 2015 helped organize the Under2 Coalition, made up of state and local governments worldwide that have committed to reducing their greenhouse gas emissions 80 to 95 percent by 2050. By contrast, the United States committed to reduce emissions only up to 28 percent by 2025 under the Paris agreement.
More than 170 governments on six continents have since joined the coalition, including the states of Washington, Oregon, Vermont, Rhode Island, New York, Connecticut, Massachusetts, Minnesota and New Hampshire. Altogether, the coalition claims to represent more than 1.18 billion people and $27.5 trillion in Gross Domestic Product, or 37 percent of the world’s economy.
Many in the coalition are concerned about how the effects of climate change, including rising seas, could affect their coastal cities, agriculture and ecosystems. But some are also home to internationally focused clean-tech industries, which stand to gain if foreign countries increase their investment in renewable power and energy conservation.
In a statement Thursday, former President Barack Obama suggested that California and like-minded states could benefit from an agreement that Trump has now rejected.
“The nations that remain in the Paris Agreement will be the nations that reap the benefits in jobs and industries created,” Obama said. “Even as this administration joins a small handful of nations that reject the future, I’m confident that our states, cities, and businesses will step up and do even more to lead the way.”
In Washington state, Gov. Jay Inslee called Trump’s decision a “shameful course of action” and vowed the state would continue to take action to reduce carbon emissions.
“We have implemented a cap on carbon pollution, and we will continue working with businesses and research institutions to develop and deploy 21st century clean energy solutions,” Inslee said in a statement.
Democratic governors aren’t the only politicians vowing to counter Trump’s Paris pact decision. Some 61 U.S. mayors have vowed to uphold the commitments of the international agreement. On Capitol Hill, Rep. Carlos Curbelo, a Miami Republican, said a group of congressional Republicans and Democrats, largely from coastal states, will redouble its efforts to find ways to reduce the risks of climate change.
“Momentum is on our side,” said Curbelo, co-chair of the Climate Solutions Caucus, which has grown to 40 members in a year. “This is an issue that most Americans are concerned about and they’re going to be expecting thoughtful solutions.”
In his trip to China Friday, Brown will attend an international climate conference and also seek to encourage more Chinese provinces and cities to join the Under2 Coalition. Sichuan and Jiangsu became the first Chinese provinces to join the coalition in 2015, and 23 more provinces and cities have since become signatories.
“It is a little bold to talk about the China-California partnership as though we were a separate nation, but we are a separate nation,” Brown said Wednesday in an interview with The Sacramento Bee.
McClatchy’s Lesley Clark contributed to this report.
Stuart Leavenworth: 202-383-6070, @sleavenworth
Trump: ‘We’ll have a look’ at Acosta’s Epstein link
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By Lesley Clark
Since President Donald Trump tweeted that four Democratic congresswomen should “go back” to where they came from — even though all four are U.S. citizens — Mitch McConnell, the Senate’s Republican leader, has not commented
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Trump makes environment pitch to Florida voters without saying ‘climate change’
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Uecker. Material Becomes Picture
- 15 December 2012 - 17 March
Curator: Alexander Tolnay
Co-curator: Kinga Bódi
Günther Uecker stands out as one of the decisive figures in the post-war international contemporary art scene. From the beginning, his works have focused on the most serious issues facing the world: the experiences of war, the problem of humans coming under threat from other humans, the search for our roots, the difficulties of using language as a means of expression, the investigation into the role of faith, ritual and prayer in our lives, problems to do with the consumer society and the human destruction of nature, facing up to the consequences of catastrophes, the dilemma of mortality and leaving an impression on the world, and the irreconcilable contradiction between cyclicality and the linear progression of time.
There are few artists who have been so consistent as Günther Uecker in creating works that reflect on the constant changes taking place in the world around us. In
every period of his artistic career he has observed the world shrewdly, but has never been content merely to play the role of spectator: instead of contemplation, he prefers a model of action.
This exhibition organised at the Museum of Fine Arts, Budapest—as a single, interconnected environment—is an overview of Uecker’s work from the last fifty years, and it gives us remarkable insight into the diversity of the artist’s forms of expression and the multi-faceted nature of their content.
Günther Uecker lives and works in Dusseldorf.
Pick up a free gallery guide for the Uecker exhibition at the information desk. There’s one for adults, teens and kids. Or download the pdf printable version.
You are here Home / Exhibitions / Uecker. Material Becomes Picture
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But he also knew how to reach people, drawing from a vast tool belt of humor, charm, friendliness.
“He joked with me about my suit when we first met,” Holzhauer recalls of the man in khakis and plaid shirt. “He said, ‘Well honey, if you’re going to last in this job you just can’t take yourself so seriously.’ That cut the tension right away. He really had a terrific way of making you feel at ease and comfortable and, at the same time, taking what we do very seriously. He was a very special man.”
He had a way of phrasing words for their greatest effect. He was very kind and an easy person to follow.
Seth Gadinsky, past ADL regional chair.
Teitelbaum, born Aug. 4, 1938, in New Jersey, earned a degree in speech from Emerson College in Boston and began his career as a radio broadcaster. After serving in the Army, he joined the Anti-Defamation League in New York, directed a regional office in Omaha and then led Miami’s office. He would serve the ADL for more than four decades.
“ADL was not a job to Arthur, it was a calling,” said Leonard Abess, Jr., honorary life member of the ADL National Commission, in a release. “He was a champion of tolerance, inclusion, fairness and respect for our fellow humans regardless of who they are and where they come from. … Our community is a better place because Arthur lived and worked here.”
He was a strong voice for justice, dignity and doing what is right. He was a relentless foe of bigotry, prejudice, violence and evil. Our community is a better place because Arthur lived and worked here.
Leonard Abess, Jr., honorary life member of the ADL National Commission.
Jacob Solomon, CEO of the Greater Miami Jewish Federation, added in the same statement: “Art was a source of great strength in defense of the Jewish people, for certain. But he was also a man who fought with equal zeal and courage against all bigotry and discrimination, regardless of the color or creed of the victim.”
In directing ADL’s Florida operations, Teitelbaum oversaw the agency’s response to extremist activities, including hate crime investigations, programs in race relations, interreligious cooperation and police-community relations. He also served as special adviser to the Florida Department of Law Enforcement and taught at Miami Dade College.
“Just saw him recently, and he seemed so much the same man I've known for a quarter-century — a man of eloquence ever ready to speak up for fairness and decency,” said David Lawrence Jr., a nationally known advocate for children and the retired publisher of the Miami Herald. “It is sobering to lose such a vigorous voice for justice. His life was a blessed example for all of us.”
Teitelbaum is survived by his wife, Brenda Kilmer, daughter Jennifer Gladson, grandchildren Avery and Shane Gladson and sister Audrey. Donations can be made to a “no kill” animal humane society. Services will be held in Massachusetts.
Howard Cohen: 305-376-3619, @HowardCohen
In December 1998, Art Teitelbaum was part of a panel discussing race and ethnic relations in Miami. L-R: Liz Balmaseda, former Miami Herald columnist; Teitelbaum; and Darlene Swaffar, Broward Puerto Rican Chamber of Commerce. Chuck Fadely Miami Herald file
In April 2005, Art Teitelbaum, right, Southern Area director of the Anti-Defamation League, spoke with urgency about the rise in hate crimes against Jews in Florida at ADL’s Fort Lauderdale office. Marsha Halper Miami Herald file
From the 2005 ADL Miami Jurisprudence Awards luncheon: L-R: Rabbi Andrew Rosenkranz, Art Teitelbaum, Janet Reno, Robert Josefsberg, Aaron Podhurst and Dennis Kainen. Anti-Defamation League
Art Teitelbaum served as a consultant on intergroup relations and hate crimes for police agencies in Florida and the Midwest. Anti-Defamation League
Through the lens of C.M. Guerrero
At 109 she was still crocheting hats for newborns
Norbert Seals, lobbyist and political consultant in Miami-Dade, dies at age 60
By Douglas Hanks
Norbert Seals was an early aide to Alex Penelas and had a successful career as a campaign manager, consultant and Miami-Dade lobbyist. He died June 18 at age 60.
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He was a lawyer for 5 decades and a champion of civil rights. Louis M. Jepeway Jr. dies at 76.
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The ruins of areas such as Canaan and Port-au-Prince were again hit hard by another natural disaster in Hurricane Matthew, and with the minimal strides made during the earthquake relief period before, tens of thousands of Haitian residents remained without stable homes, sanitation, and, especially, clean water.
Just this week, the United Nations announced the next phase of a water-supply project that would combat the increasing number of cholera cases plaguing Haiti since being ravaged by multiple disasters. It is set to bring clean water to a community in Hinche, at the center of the island. The U.N. Stabilization Mission in Haiti (MINUSTAH) provided nearly $95,000 to the project and says it will help 18,000 people in the area. Previously, those affected were forced to find water from unsafe sources like ponds and nearby rivers, but now a small number of the vast population impacted by these disasters will have access to safer drinking outlets. Despite the next phase of this project helping many residents of the still recovering country, Haitians in Canaan find their rooftops missing, and their water supply, scarce. Thursday marked the seventh year since the earthquake, and though many are quick to use the word “anniversary,” it would be best to view this moment more reflexively.
Much like the residents in Haiti seeking clean water after their disasters, many women and men in our own back yard of Flint, Michigan are still doing the same after lead contamination in their water supply reached dangerous levels in early 2014, as this too resulted from man-made issues of irresponsibility and inept oversight. In both instances, these two locations saw their respective communities, already rife with economic disparity, struck with the challenges of inadequate access to drinkable water after their respective officials inappropriately assessed the situation.
Rapacious aid groups triggered a ripple effect across Haiti when they grossly mishandled relief funds, similar to the way state and local officials failed to recognize the issues that would arise from canceling Flint’s contract with Detroit’s Water and Sewage Department for the alternative with Karegnondi Water Authority, who sourced water from Lake Huron. With the advent of continuously evolving technology, the need for practical and sustainable access to clean drinking water should come first on a laundry list of “to-do’s” for places like Canaan, Port-au-Prince, Flint and other communities trapped in the margins.
Public demand should be swift in calling forward persons responsible for delaying reconstruction of economically disadvantaged cities, and efforts should be regulated by personnel capable of distributing aid, and vetted beforehand as to acknowledge the presence of any predatory behaviors.
After seven years of watching an island attempt over and again to rebuild itself from the inside out, after watching a city within our own nation plead through social media for aid, accountability remains as absent in these areas as clean water to drink.
Jamal Michel teaches English Literature at Northern High School in Durham, North Carolina. He received a B.A. in English Literature at Florida International University.
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President Trump talked about his support for the First Amendment, the people who attended his social media summit are known to disseminate lies and misinformation, telling them, “We have your backs.”
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Allowing Yemen's Leader Saleh Medical Treatment in the U.S. Is a Dangerous Precedent
By David Dietz
The news that the Obama administration has allowed Yemen's embattled President Ali Abdullah Saleh to be admitted to a U.S. hospital flies in the face of the American principals that Secretary of State Hillary Clinton has been preaching on her stops around the world. It is in direct contradiction to President Barack Obama's expressions of support for Arab revolutionaries. Worst of all, it is another blunder in a history of missteps for U.S. policy in the Middle East. Once again, America has chosen a tyrannical dictator over his people.
The Arab Spring presented America with a historic opportunity to shift the paradigm away from being seen as the unjust (often evil) aggressor in the Middle East. This is a status we earned with our continued support of Israel and cemented with the War in Iraq. When Arab revolutionaries across the region rose up this spring, we were given a chance to start anew, to win the respect of young people across the Arab world and help them build lasting democratic institutions.
So far our record isn’t great. We botched a chance to improve our image with the Egyptian people (although given the complexity of the situation, barely so), hardly recognized the plight of the Bahrainis, and were well behind the eight ball in supporting the Tunisian revolution. Only in Libya did we engender ourselves to the people with the NATO mission.
That being said, inaction is not always wrong. Sometimes throwing support at protests or interfering in a country's internal affairs isn’t the prudent course of action, and often careful reticence is the best strategy.
But, blatantly siding with a totalitarian leader and ignoring the will of the people is almost always a recipe for disaster. By admitting Saleh to New York-Presbyterian Hospital, we have ensured continued animosity towards America in one of the world’s hot beds of terrorism.
For nine months, hundreds of thousands of Yemeni youth have taken to the streets demanding that their president of 40 years be brought to justice for suppressing their political freedoms. They want him to be held responsible for bringing their economy to the brink of collapse and put on trial for ordering the killing of hundreds of their fellow revolutionaries.
During most of the uprising, America kept quiet, offering little more than a modicum of support for the Yemeni people. Now, America has chosen to admit Saleh to the U.S. for medical purposes against the wishes of the Yemeni people. In doing so, our government can add yet another generation of Arabs/Middle Easterners who are angry at America. Perhaps most dangerously, the U.S. can count on an untold more to join the growing list of youth who are desperately poor, out of work, looking for meaning in life, and looking to enact revenge for being so abandoned: the perfect recipe for terrorism.
I am not suggesting that America’s decision to allow Saleh to seek medical treatment in the U.S. will turn hundreds of Yemenis into hard-line terrorists. But it’s just another move in a long line of ignorant decisions to abandon different democratic movements (especially youth groups) that over time add up and increase the Arab World’s animosity towards America. The last time the U.S. allowed a deeply unpopular authoritarian leader to escape justice and seek medical treatment in the country didn't turn out very well either. In 1979, Jimmy Carter allowed the Shah of Iran Mohammed Reza Pahlavi to seek medical refuge in America. The decision enraged Iranian revolutionaries, who in response stormed the U.S. embassy in Tehran and set off the Iranian hostage crisis.
Why will this time be any differently? More importantly, what purpose does allowing Saleh into the country serve? Was the decision based on a sense of loyalty to our allies? Perhaps a belief that Saleh’s successor will continue helping us in the war on terrorism? The State Department should realize that with protests raging as strong as ever, the Yemeni leader is a person of the past, and any connected to his administration will soon be as well.
Travel anywhere in the Middle East and nine-out-of-ten people will tell you they like American people, but hate our government. Add America’s decision to admit Saleh as another reason why. Let's just hope we don't get another crisis similar to what happened in Iran.
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Cracks in North Korea's Secretive Regime: Is Kim Jong-Un Losing His Iron Grip?
By Jieun Baek
On April 13 at 7:36 a.m., the North Korean government proudly launched a missile in celebration of the 100th birthday of the nation's founder. Insisting that the missile was a weather-related satellite intended to be sent into the atmosphere, the country's 28-year-old leader, Kim Jong-un, dismissed international condemnation. The launch had the potential to build the new leader's credibility within his party, and he even invited foreign media outlets, and journalists to cover the launch — giving them unprecedented access to the launch site while standing alongside North Korean scientists.
One specific turn of events that warrants more nuanced attention is that, for the first time among three failed missile launches, the government admitted their failure to their own country. On April 13, North Korea’s television programming was interrupted by breaking news where an anchorwoman said that the missile launch, “did not end in success.” Click here for live footage of people celebrating, interviews with North Korean civilians, and the anchorwoman’s broadcast.)
The increasing exchange of information between North Koreans and outsiders is creating a more informed populace, and the government seems to be starting to act on this. Note the contrast in the way Kim Jong-Il’s government handled the past two failed missile launches; they outright lied to their people, and then diverted questions about the launch by blaring patriotic songs, and showing videos of Kim Il-Sung’s life. This time, things were different.
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Home > Newsroom > Virtual Currency Exchanges Face Possible SEC Regulation
December 3, 2018In the News
Virtual Currency Exchanges Face Possible SEC Regulation
Virtual currency exchanges are creating new cryptocurrency tokens to raise funds through initial coin offerings (ICOs); a concept similar to initial public offerings. Companies issuing ICOs raised more than $4 billion in 2017. Because of the potential economic impact in financial and investor markets, federal agencies are implementing regulations, issuing guidelines and starting enforcement actions. The U.S. Securities and Exchange Commission (SEC) in particular has been active in attempting to regulate ICOs as “securities” but with mixed results.
On November 16, 2018, the SEC announced it reached agreement to settle charges against Airfox and Paragon, two companies that sold digital tokens through ICOs. According to the SEC, the companies failed to register their ICOs under federal securities laws. As part of the settlement, both companies agreed to return funds to investors, register their tokens as securities, and pay fines.
On November 27, 2018, however the U.S. District Court for the Southern District of California in SEC v. Blockvest LLC et al., case number 3:18-cv-02287, denied the SEC’s Motion for Preliminary Injunction that sought to enjoin Blockvest’s ICO because its pre-ICO capital raise was a securities law violation. The court held the SEC had failed to make an initial showing that tokens sold by a company pre-ICO were “securities.” At the core of this decision was the Court’s finding that “plaintiffs and defendants provided starkly different facts as to what the investors relied on before they purchased the [test] tokens.”
In addition to the SEC, the Commodity Futures Trading Commission (CFTC) has also brought enforcement actions. One such case was against Patrick K. McDonell and his company, Coin Drop Markets that was alleged to have operated a deceptive and fraudulent virtual currency scheme and misappropriated investor funds. Defendants advertised their services through two websites and social media. Investors transferred virtual currency to the defendants paying for a membership or day trading opportunities, with promised profits of up to 300 percent per week. After receiving membership payments or virtual currency investments, the defendants deleted the social media accounts and websites and discontinued communication with customers. The defendants were ordered to pay over $1.1 million in penalties and restitution.
The CFTC created a Customer Advisory: Understanding the Risks of Virtual Currency Trading addressing the risks of investing in virtual currencies. The lack of specific regulation and specific guidance from other government agencies however create confusion and allow for competing or even conflicting legal obligations and remedies for issuers and investors alike. Considering the potential consequences to regulatory non-compliance, competent advice from legal counsel or a qualified investment advisor is more important now than ever in the developing area of the financial markets.
Veronica represents clients in a wide variety of litigation matters in state and federal court.
Veronica L. Canton
vlcanton@michaelbest.com
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Monday, September 10, 2018 - 12:03pm
Translating the Donald to Japanese
People always complain about Donald Trump.
I say, try to explain him to a foreign audience.
This summer I had the privilege of working at the New York bureau of TV Tokyo, one of Japan’s major television stations. I was put on a morning news program that focuses on business and finance, so of course, there was a lot of reading the Wall Street Journal as well as dusty econ textbooks in the back of the office. But the most memorable part of the whole experience was the arduous task of reporting on none other than the president himself.
Critical Questions: Who’s a good liberal, who's a good conservative?
For those of you who sit back and watch as this country gets rocked by political turmoil and maybe feel a little guilty about that, this story’s for you.
Monday, March 12, 2018 - 8:34pm
Critical Questions: Who gets to say what feminism is?
Who gets to define feminism?
With contemporary feminism going global from its origins as an originally 1960's American movement, the way various groups absorb — or reject — feminism in their own cultures is an intriguing subject.
The topic crossed my mind when I was attending a career seminar for students interested in working in Japan. Five of us sat in a small room in the Michigan League, listening to an agent from a recruiting company explain the job search process in Japan.
Monday, February 19, 2018 - 8:32pm
Critical Questions: Cultural appropriation
My relatives like to joke that Asians and Asian-Americans shouldn’t do hip-hop because we haven’t faced the same tribulations as other races. They especially ridicule certain rappers from their native Japan, who never suffered from racism, abject poverty, street violence or drug dealing but don expensive sneakers and talk about swag.
I wonder what they would think of Rich Chigga.
Thursday, February 8, 2018 - 8:30pm
Michigan universities facing a decline in international enrollment
Universities across the United States, and especially those in the Midwest, are struggling to attract international students to their campuses. International enrollment has most noticeably declined in non-flagship state universities, where funding for classes and facilities has dried up due to the lack of international students who are willing to pay full price for tuition.
Tuesday, February 6, 2018 - 6:17pm
Critical Questions: Identity politics
In an increasingly multicultural and polarized world, are identity politics and democracy compatible?
Critical Questions: Political correctness
If political correctness seems like something that stifles free speech, that means there are people abusing the word to their own advantage.
Monday, January 8, 2018 - 5:59pm
Critical Questions: Privilege
“Shutting your eyes and acting like the problem is going to go away — it’s not going to go away. You have to actively oppose it. Intercept it. And that is how we solve problems. You cannot sit idly, basking in your own privilege, and hopefully things go away — it doesn’t work like that,” Omar, a University of Florida student and a protest organizer, told The Nation.
Monday, December 4, 2017 - 9:19pm
Public weighs in on Broadway development project at City Council
City Council was rocked again Monday night as residents continued to show resistance against a $146 million development plan on Broadway Street, near the University of Michigan Hospital.
Wednesday, November 29, 2017 - 7:43pm
Ann Arbor residents grapple with potential Spencer visit
The prospect of white nationalist Richard Spencer visiting the University of Michigan has raised alarm not only on campus, but also among city residents and community leaders.
Just last week, Mayor Christopher Taylor (D) criticized Spencer in a Facebook post, noting Spencer’s white nationalist ideology runs counter to Ann Arbor’s commitment to diversity and inclusion for people of all backgrounds.
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MNN.com > Health > Fitness & Well-Being
Here's when you burn the most calories
November 9, 2018, 11:58 a.m.
Your internal clock affects when you're most alert and when you burn the most calories. (Photo: ImageFlow/Shutterstock)
Even when you're not really doing anything, you're burning calories. But how many you burn depends on the time of day, researchers found in a new small study.
The study found that, at rest, people burn 10 percent more calories in the late afternoon and early evening than in the early morning.
It's likely because of circadian rhythms, which control our sleep-wake cycles and our internal body clock.
"The fact that doing the same thing at one time of day burned so many more calories than doing the same thing at a different time of day surprised us," said lead author Kirsi-Marja Zitting of the Division of Sleep and Circadian Disorders at Brigham and Women's Hospital and Harvard Medical School, in a statement.
The study was published in the journal Current Biology.
The study only focused on calories burned while at rest, which is the energy your body needs to run basic bodily functions like breathing and circulating blood throughout the body. So researchers aren't sure if people would benefit from planning their exercise in the late afternoon and early evening.
Study co-author Dr. Jeanne Duffy, an associate professor of medicine at Harvard Medical School and a neuroscientist at Brigham and Women's Hospital, tells Time that it may be more relevant to avoid the body's calorie-burning dip in the late night and early morning.
"Let's say we get up an hour or two hours early and eat breakfast an hour or two hours early," Duffy says. "We may be eating that breakfast not only at a time when our body might not be prepared to deal with it, but at a time when we need less energy to maintain our functions. Therefore, the same breakfast might result in extra stored calories, because we don't need those to maintain our body functions."
The closed-door study
Even when you're doing nothing, you're burning calories. (Photo: g-stockstudio/Shutterstock)
To follow the impact on body clock and calories, the researchers had seven volunteers spend a month in a lab that had no windows, clocks, phones or internet. They were assigned times to go to bed and wake up, with those times changing four hours each night. They kept this schedule for three weeks.
"Because they were doing the equivalent of circling the globe every week, their body's internal clock could not keep up, and so it oscillated at its own pace," explained Duffy. "This allowed us to measure metabolic rate at all different biological times of day."
The study found that people's body temperatures were at their lowest when their body clock was set to late night, and at their highest about 12 hours later, in the late afternoon.
The findings may help explain why people who don't have regular schedules, like night-shift workers, are more likely to gain weight, the researchers said.
People who want to lose or maintain weight should stick to regular sleep and eating habits, they suggest.
"It is not only what we eat, but when we eat — and rest — that impacts how much energy we burn or store as fat," Duffy says. "Regularity of habits such as eating and sleeping is very important to overall health."
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Home→Blog→Uncategorized→Melanie Atkins – Against All Odds
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Melanie Atkins – Against All Odds
I’m thrilled to have my friend, Melanie Atkins, on my blog today to talk about her new release, Against All Odds.
Thanks for visiting, Melanie. The blog is yours. Take it away.
Margery, thank you so much for allowing me to guest blog. I have a new book out with Desert Breeze Publishing on Friday, February 21, and I wanted to tell you about it. Against All Odds is a full length romantic suspense set in New Orleans, Louisiana. The book is the third in a trilogy after Blood Bound and Above Suspicion, that came out in 2013. These books are darker than some of my other work, and I loved writing them. Nothing like darkness, romance, and grit to get my blood pumping.
Blurb for Against All Odds:
Sienna Wright has it all: an exciting career, a handsome husband who is an ADA, and two beautiful step-children… until a vicious murderer takes all away and sends her tumbling into a terrifying black abyss.
Detective Nate Lincoln’s job is his life, and he jumps at the chance to reclaim his gun and badge once the department reinstates him after a long suspension. His first order of business is to solve the murders of Jeff Wright and his two children, a case that fell through the cracks.
Still shell-shocked after nearly a year, Sienna at first refuses to help Nate. Then someone tries to kill her, and in order to survive, she is forced to break free of her quagmire of depression and trust the man she once loved. Nate isn’t sure he can solve the case, and yet he has to try. He would do anything for Sienna, even if she refuses to admit she still loves him.
“What else did the major say? We caught a case?”
“Yeah, a cold one. The murdered ADA — Jeff Wright. Remember that one?” Nate settled back in his seat and filled Jack in on the blood-soaked crime scene at the Wright’s upscale home as he negotiated the light Sunday traffic. “Our unit apparently hit a brick wall while I was gone, so Solomon handed it off to Cold Case — a colossal mistake, if there ever was one, because those guys sat around with their thumb up their asses, apparently. LeBlanc said Wright’s wife’s been calling headquarters at least twice a week for the past month, raisin’ hell about it.”
“Wait a minute.” Jack scowled. “I know Sienna. Didn’t you two date before she married Jeff?”
“Yeah, I was still seeing her when she met the bastard.” Nate gritted his teeth at the painful memory. He didn’t like to think about that depressing time in his life. He used to drink and party way too much. “She dated both of us for a while and picked him. Said she wanted someone steadier. Swore I was a bad influence.”
“Whoa.” Jack lifted his eyebrows. “That was cruel, man.”
“What can I say? She was right. And it was for the best, ’cause she loved Jeff.” Nate shook his head. “He made her happy. Two kids — a ready-made family — and a big, fancy house. He gave her a comfortable life. More than I could’ve ever given her. I didn’t have a pot to piss in, much less any kids.”
“Still, her choosing him must’ve gutted you.”
“Yeah, but not as much as losing Jeff and those kids did her. LeBlanc said she had a breakdown after the funeral and moved to Birmingham to live with her aunt. She’s still in Alabama, but right now she’s on the warpath with the DA and has threatened to sue the city ’cause we didn’t close the damned case. So the Major Crimes Section Commander turned it back over to us. He wants us to solve it yesterday.”
“You’d better talk to Solomon, find out why he tossed it to Cold Case.”
“Believe me, I will. I want to know why he gave up on it and has since refused to return Sienna’s phone calls.”
“Not a smart move. Give him my regards,” Jack said with a wry smile as he swung the sedan into the parking garage adjacent to the station.
Nate growled in response, but didn’t voice his true feelings about the case or Sienna. She’d broken his heart when she’d blown him off in favor of Wright, but he didn’t want Jack to know. All he needed was the facts. Sienna, a beautiful, headstrong woman, had been a popular reporter for the Times Picayune, yet she’d crumbled the night Jeff and kids had died. So much so, her doctor had hospitalized her after the funeral and kept her there until he’d found a family member willing to take care of her. Two days later, Sienna left Louisiana for Birmingham, Alabama. Nate had no idea how she was doing now but figured he ought to pay her a visit, even though it was the last thing he wanted to do.
“Save me from old girlfriends,” he muttered as he banged out of the car. He hated confrontations with women, thanks to his dealings with his own mother and the crappy way he’d ended his relationship with Sienna. Showing up drunk at her wedding had been the icing on the cake.
The pain of that day still gnawed at his soul.
Jack rounded the hood and clapped him on the back. “Talk to LeBlanc. He’s new, but he can probably unearth a lead or two for you. Something to help break the ice with Sienna.”
“Doesn’t sound like it.” Nate entered the squad room, lowered himself wearily into his chair, and tried to call the Cold Case detective, Alfred Lutz.
No luck. Lutz was out sick and didn’t answer either of his personal phones, home or cell.
Thanks for taking the time to visit with me, Melanie. Fabulous cover, and I can’t wait to read the book.
You can learn more about Melanie and her books on her website, and follow her on Facebook and Twitter.
Melanie Atkins – Against All Odds — 6 Comments
Edie Ramer on February 19, 2014 at 9:23 am said:
Melanice, great excerpt! You’re doing so great with this trilogy. Congrats!
Edie Ramer recently posted…New Release and Sale Book
June Love on February 19, 2014 at 9:27 am said:
I’ve been waiting on this release.
Jennifer Lowery Kamptner on February 19, 2014 at 9:45 am said:
Sounds like my kind of book! Adding it to my TBR pile! Love the cover!
Jennifer Lowery Kamptner recently posted…Meet the Characters with Elaine Calloway
Melanie Atkins on February 19, 2014 at 6:51 pm said:
Thanks, everyone! Writing this book was a trial, but I’m happy with how it turned out.
Patricia Preston on February 20, 2014 at 7:29 am said:
Sounds like a great suspense story and you’ve got a terrific cover!
Melanie Atkins on February 20, 2014 at 7:47 am said:
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6 biotech firms poised to revolutionize treatment for patients
These companies are making a profound impact in the world of new drug development
There’s no doubt that it takes vision, intellect and passion to make a profound impact in the world of new drug development. A supportive community also helps. Here are six MaRS-supported companies whose leading-edge technology and innovative products are poised to revolutionize treatment for patients in Canada and worldwide.
PlantForm Corporation
The goal of PlantForm is to make life-saving medicine more affordable. The two-year-old firm is commercializing a plant-based manufacturing platform, called vivoXPRESS, for lower-cost drug production, using genetically modified tobacco plants to “grow” biopharmaceuticals in greenhouse environments. The company’s lead product is a biosimilar version — it’s almost identical to the reference medical product but with marked differences due to its biological origin — of an important breast cancer drug called Herceptin. Don Stewart, president and CEO, says PlantForm has demonstrated the effectiveness of its product, and because it will be available at a lower cost than the current drug on the market, patients will have more access to the new drug and the cost burden on the health-care system will be reduced.
Alpha Cancer Technologies
The side effects of chemotherapy can be debilitating for cancer patients, but Alpha Cancer is hoping to change all that. According to the firm’s president and CEO, Igor Sherman, Alpha Cancer is developing novel cancer therapies that are more effective and significantly less toxic than current drugs on the market. He says that in animal models, the company’s lead drug candidates — ACT-901 and ACT-902 — were more effective than maximal tolerated doses of chemotherapy and caused no side effects, while animals receiving conventional chemotherapy showed obvious signs of toxicity and appeared generally very sick.
ScarX Therapeutics
Over the past three years, ScarX has been developing a topical therapeutic, called SCX-001, which significantly reduces the amount of scar tissue that forms following surgical wound closure. “Apart from aesthetics, many scars can be disfiguring,” says ScarX president and CEO Stephen Whitehead. “They can [also] restrict joint motion and can often be quite painful.” ScarX has developed SCX-001 into an early-stage clinical drug, and within the next five to ten years, the biotechnology company hopes to have it approved.
Formation Biologics
One of the problems with traditional cancer therapies is that they often kill the good cells along with the bad. Formation Biologics engineers immune-based cancer drugs with selective “anti-cancer” activity, preventing the collateral damage to normal tissue that typically occurs with current therapeutics. It has recently transitioned from a discovery firm to a development company, and the most promising of its discovery molecules is about to enter clinical development later this year.
Northern Biologics
Dedicated to discovering antibodies to treat human diseases, Northern Biologics is advancing a promising line of targeted therapeutics for cancer and fibrosis. In one recent success, the company acquired the rights to a novel immuno-oncology antibody that it believes has the potential to significantly improve outcomes for patients with several hard-to-treat cancers. CEO Stefan Larson reports that the company will be launching a clinical trial early next year.
Highland Therapeutics
The drug-delivery technology developed at Highland Therapeutics has been called a “game-changer” in the management of ADHD (attention deficit hyperactivity disorder). Using delayed-release and extended-release technology, the team at Highland Therapeutics has developed a drug that is administered at night and is designed to control ADHD symptoms immediately, as soon as the patient wakes up, and throughout the day. The company’s founder and CEO, David Lickrish, says Highland Therapeutics has completed the clinical development portion of its program and intends to file a new-drug application shortly.
This article appears in our special report on Urban Innovation, which highlights how downtown density is driving the new economy. This report examines all the elements that fuel innovation at MaRS, showing how our building and location, corporate and academic partners, and the tenants and the startups in our network all contribute to getting high-impact solutions to market faster, both in Canada and beyond.
Shelley White
Innovation is the fundamental quest for human progress
Urban innovation at work
The story of the West Tower
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Want to work for a company with real social impact? Expect a miracle—or two—each day at eSight
In our continuing Toronto’s Top Startup Jobs series — weekly profiles of some of the top startups in Toronto on the hunt for new talent — we feature eSight, a fast-growing company that is looking to fill a range of roles, from marketing and sales to admin and fundraising. Want to join a great team? Advance your career? Read on!
Technology that allows legally blind people to see makes for very moving testimonials.
Toronto-based startup eSight has recorded hundreds of these stories — each one as profoundly moving as the next — as people outfitted with their electronic glasses in the company’s “dream room” suddenly see the world around them for the first time.
This is a company where employees witness wonder and amazement every day, so if you’re looking for a job that truly gives back, this could be the place for you. eSight is looking to fill a range of roles in their Toronto office, from marketing and sales to admin and fundraising.
Heads up for potential hires: “Be prepared to cry and show empathy, and be prepared to make a tangible social impact,” says Abbas Damji, Chief Operating Officer.
The company’s mission: glasses for all
These are like superman glasses for everyone. eSight’s guiding principle is that everyone deserves to see — no matter their age, occupation, cause of vision loss or ability to pay. Out of the estimated 300 million people in the world forced to cope with low vision or legal blindness, an overwhelming majority would benefit from eSight’s glasses.
The youngest patient so far was a four-year-old in Texas, who was told by doctors that he would likely never see. eSight changed that. The oldest client was a 97-year-old retiree in Florida. An avid bridge player, she was delighted to actually see her cards.
Each pair of glases costs USD $10,000, which is out of reach of some customers, but eSight is working to have their glasses covered by insurance providers or subsidized by the government. The company also helps potential users find possible sources of funding (for example, charities, foundations and philanthropists) and looks for celebrities, artists and actors who can help spread the word and support eSight.
“We believe there is both an economic and social business case that can be made,” says Abbas. “We’re confident that in two or three or four years, the glasses will be provided to those who need them at little or no cost.”
Staff gathering for a birthday celebration.
Think you would be a good candidate to work at eSight?
eSight’s current headcount is just shy of 100 people, but the company intends to double in size within a year.
Sarah Crandlemire, Manager, People & Culture, says the company screens for their five core values during the recruitment process: empathy, commitment, accountability, innovation and communication. “We’re looking for people who want to work on a variety of tasks and teams. You have to be malleable to work here, adaptable, and passionate about doing work that’s changing the world.”
You’ve hit the social bullseye here
It’s no surprise that a company that specializes in supporting people with disabilities is up for all kinds of challenges. Pia Simone, an eSight Ambassador and Vision Advocate, doesn’t let her limited vision stop her from arranging a skydiving excursion for the staff. The company has also considered bowling and axe throwing is also on the horizon, says Jeff Fenton, Director of Marketing.
Open space, relaxed attitude…and a little cottage country style
Located in the middle of downtown Toronto on Front Street close to Union Station, the office has a relaxed vibe with quirky additions like cottage country chairs. Accessible. Of course.
It’s strategically located near the UP Express for quick airport runs, as well as the Go train, VIA Rail and the subway. But the location also comes in handy for those who want to hit the waterfront when “we all just want to go blow off some steam and have a drink by the water, or go for a bike ride down by Cherry Beach,” says Abbas.
Get the latest startup jobs delivered to your inbox with the MaRS Startup Careers newsletter.
Work at a startup
Do life-changing work at fast-growing health company Swift Medical
15 thriving Canadian startups hiring this June
Shape the future of finance at Ratehub
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Events - Jun 10, 2019
Incredible Predators 3D Movie at NHM
times vary Dec. 15-June 30 (closed Jan. 1). This film, the latest one to screen in the museum's 3D theater, takes an intimate look at...
Mammoths and Mastodons at the La Brea Tar Pits
La Brea Tar Pits and Museum, L.A.,
9:30 a.m.-5 p.m. Dec. 21-Sept. 8. For years, the world-famous La Brea Tar Pits and Museum has been excavating and displaying incredible mammoths and mastodons;...
Antarctic Dinosaurs Exhibition
9:30 a.m.-5 p.m. through Jan. 5. The Natural History Museum is offering a unique trip to the Antarctic. This special exhibit, making its West Coast...
Dogs! A Science Tail Exhibit
10 a.m.-5 p.m. March 16-Jan. 5 (closed 11/28, 12/25, 1/1). See, hear, smell, and act like a dog! Through engaging and fun hands-on (paws-on?) exhibits,...
9:30 a.m.-5 p.m. March 17-Sept. 2. Butterflies are in full flutter again at the Natural History Museum. The Pavilion will feature more flight space, more...
Zentopia
Zentopia, L.A., CA
11 a.m.-11 p.m. Mon.-Sat., 11 a.m.-8 p.m. Sun. April 27-Aug. 29. If Zentopia seems a little different than your typical pop-up that is because it...
Apollo 11: One Giant Leap for Mankind Exhibit
Richard Nixon Presidential Library and Museum, Yorba Linda, CA
10 a.m.-5 p.m. Mon.-Sat., 11 a.m.-5 p.m. Sun. April 29-Jan. 12 (closed 11/28, 12/25, 1/1). The Richard Nixon Presidential Library and Museum is providing you...
Hollywood Dream Machines: Vehicles of Science Fiction and Fantasy Exhibit
10 a.m.-6 p.m. May 5-March 15. The pivotal role that cars have played in movies and video games will be spotlighted at the Petersen Automobile...
California Butterfly Pavilion
10 a.m.-3 p.m. May 11-Aug. 3. Experience the beauty of California butterflies in all their life stages with the native plants they depend on for...
The Museum of Dream Space
Beverly Center, L.A., CA
10 a.m.-9 p.m. Mon.-Fri., 10 a.m.-8 p.m. Sat., 1-6 p.m. Sun. May 15-Sept. 30. Inspired by the mesmerizing work of Yayoi Kusama (best known for...
Fairies vs. Trolls at the South Coast Botanic Garden
South Coast Botanic Garden, Palos Verdes, CA
9 a.m.-5 p.m. May 15-Aug. 31. Fairies and trolls are returning to the Garden this summer, and they will be competing against each other in...
Valley Kids Consignment Sale
University Plaza, Northridge, CA
You'll find hundreds and hundreds of amazing new and gently-used items - everything you need for your kids (newborn through pre-teen) from clothes, shoes, and...
Tiny Beans Pop Up Kitten Lounge
Tiny Beans Pop Up Kitten Lounge, Los Angeles, California
At this pop up kitten lounge, visitors can interact with and on-site adopt, kittens. The adoption need is urgent since approximately 10,000 kittens in the...
Disney’s Aladdin at the El Capitan
10 a.m., 1:20 p.m., 4:40 p.m., 8 p.m. (11:20 p.m. Fri. and Sat.). Disney's live-action adaptation of its 1992 classic, “Aladdin” tells the exciting tale...
The World of da Vinci Exhibition
Reagan Library and Museum, Simi Valley, CA
10 a.m.-5 p.m. May 24-Sept. 8. The incredibly inventive mind of Leonardo da Vinci is revealed in this one-of-a-kind exhibition. From astronomy to zoology, da...
Tacotopia
Third Street Promenade, Santa Monica, CA
11 a.m.-9 p.m. May 24-Sept. 2. Part Taco Festival, part amusement park, Tacotopia is a yummy immersive experience to fill up all five of your...
DC Superheroes: Discover Your Superpowers
10 a.m.-5 p.m. May 25-Sept. 8. In this action-packed, interactive exhibit, kids can assist Batman, Superman, and Wonder Woman save the city, tangle with villains,...
Science +You
Discovery Cube Los Angeles, Sylmar, CA
In the Discovery Cube LA's new exhibit, children can play, explore, discover and learn about human health, nutrition and scientific tools. Hands-on roleplay will provide...
Wild Kratts: Creature Power!
10 a.m.-5 p.m. May 25-Sept. 8. When you step into this exhibit, you'll be stepping into the Wild Kratts' wild world. Join those intrepid animal...
Flutter: A Contemporary Art Experience
Flutter, L.A., CA
12:30-8 p.m. Mon.-Thur., 9 a.m.-8 p.m. Fri.-Sun. June 1-Sept. 30. "Where Art and Happiness meet" is the motto for this pop-up, interactive art installation. It...
POP SK8
Westfield Topanga, Canoga Park, CA
2-10 p.m. Mon.-Thur.; 2 p.m.-midnight Fri., noon-midnight Sat., noon-10 p.m. Sun. June 1-30. California’s first themed pop-up outdoor roller-skating rink, POP SK8 is an immersive...
Tale Of The Lion King
California Adventure Park, Anaheim, CA
times vary, June 6-Sept. 2. Experience a new Lion King adventure at California Adventure. The park is presenting an original story-theater production that imaginatively brings...
Knott’s Summer Nights
Times vary June 7-Aug. 11. Knott's midway will be filled with a fun selection of games, live music and tasty treats for your summer night...
Children's librarians read age-appropriate stories and share songs, fingerplays, flannel board stories, and book-related films.
Take Me Out To The Ball Game: Popular Music And The National Pastime Exhibit
Grammy Museum, L.A., CA
10:30 a.m.-6:30 p.m. Sun.-Mon. Wed.-Thur., 10 a.m.-8 p.m. Fri.-Sat. March 14-Oct. 7. The unique relationship between baseball and music will be explored in this exhibit,...
Frank Stella: Selections from the Permanent Collection
11 a.m.-5 p.m. Mon.-Tues., Thurs., 11 a.m.- 8 p.m. Fri., 10 a.m.–7 p.m. Sat.-Sun. May 5-Sept. 15. Stella! Frank Stella was one of the titans...
The WonderWorld, Hollywood, CA
11 a.m.-8 p.m. Sun.-Mon., Wed.-Thu; Fri.-Sat. 11 a.m.-9 p.m. Sat. May 22-Aug. 1. From installations that ignite all five senses to products that inspire, this...
Huntington Library and Botanic Gardens, San Marino, CA
Barks and Books
Children are invited to visit the Library to read animal-related short stories of their choice to dogs from the Pasadena Humane Society Companion Animal Program....
Sylmar Library Drum Circles
Sylmar Branch Library, Sylmar, CA
4 p.m. June 1o, 17. On June 10, Joseph Peck leads a Caribbean Drum Circle, where he will teach the audience to play percussion instruments...
Summer Reading Challenge Kickoff Event with the Fracas Brothers
North Hollywood Regional Branch Libary, N. Hollywood, CA
Kick off the Summer Reading Challenge with a comedy show that is sure to be fun for the whole family. Dr. Fracas and his brothers,...
Magic Mondays
Santa Monica Playhouse, Santa Monica, CA
8 p.m. Mon. April 1-Aug. 30. Magic is materializing again at the Santa Monica Playhouse. Albie Selznick, a life-time member of the Magic Castle, fills...
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Rebel Paleolithic artist breaks the rules, draws a campsite 13,800 years ago
By Deborah Netburn
A stone slab 7 inches long, and engraved 13,800 years ago, may be one of the earliest known depictions of a human campsite. (Manuel Vaquero and Marcos García Diez)
Scientists have uncovered a rock engraving that may be the earliest known depiction of a human society.
The ancient engraving of what appears to be a hunter-gatherer camp dates back about 13,800 years to the Upper Paleolithic era. Seven objects that look like semi-circular huts were drawn on a slab of stone, probably with another rock or a pointed flint artifact.
The tableau was unearthed at the Moli del Salt site in Spain, about 30 miles west of Barcelona.
Shown is a drawing of the engraved slab, discovered in 2013 at the Moli del Salt site in Spain. (Marcos García-Diez and Manuel Vaquero)
Archaeologists say the find is especially exciting because it breaks the rules of prehistoric art, which generally follow very strict stylistic and thematic conventions. For instance, these works usually involve animals, nonfigurative signs and the occasional human figure.
"We think that someone was experimenting with new themes, focusing for the first time on the social realm," said Marcos Garcia-Diez and Manuel Vaquero, who described the engraving in a paper published last week in the journal PLOS One.
The huts in the engraving are arranged in three levels across a slab that measures 7 inches wide and 3 inches high. The largest of the seven huts is about 1.5 inches wide and 0.8 inch high.
A close-up of one of the hut motifs. (Marcos García-Diez and Manuel Vaquero)
Garcia-Diez, of the University of the Basque Country, and Vaquero, of the Catalan Institute of Human Paleoecology and Social Evolution, note that the artist appears to be trying to create a visual sense of depth.
When the engraved rock was initially discovered in 2013, it was unclear that it was anything special.
"It was very dirty and partially covered by a crust," the Spanish researchers explained in a joint email. "Only some days later, when the cleaning of the slab was finished, were we aware of the importance of the piece."
Although 12 other engraved objects were discovered at the site, this is the only one that departs from the artistic conventions of the time, the archaeologists said. All of the other pieces have depictions of animals or of signs linked to magic or religion — things that are typical of the late-Paleolithic style.
John Shea, archaeologist at Stony Brook University in New York, said that "Paleolithic people made sketches of all kinds of things," but he agreed that their wall art tended to focus on animals and abstract signs.
"Indeed," he said, there are "not a lot of pictures of people, plants, tools or architecture."
Still, Shea added that artists from 13,800 years ago were probably less regimented than artists working today.
"All cultures have their implicit 'rules' about who or what gets shown in art," Shea said. "Go through any art museum or art gallery and count up the ratio of depictions of naked women versus naked men, or the ratio of paintings of floral arrangements to pictures of outhouses."
Of course, Garcia-Diez and Vaquero acknowledge that they can't be certain the images depicted on the slab are indeed a campsite, or a deliberate attempt by the engraver to break with tradition.
"We are afraid the only way to be 100% sure would be to have the artist in front of us and ask him or her about his or her intentions," they said. "However, we can think of no better explanation."
To back up their interpretation, the study authors turned to ethnographic data from more recent hunter-gatherer societies. They wrote that domed huts with a beehive shape similar to those depicted in the engraving are the preferred style of temporary dwellings constructed by such societies throughout the world.
They also pointed to previous work that suggests groups described as "generic hunter-gatherers" make camp with an average of 3.9 to 7.6 individual households.
"The seven huts in the engraving fit perfectly with this mean number of households," they wrote in the paper.
Depictions of homes become more common after the appearance of sedentary communities in Neolithic times several thousand years later, the Spanish researchers said.
So if those scratches on the rock were indeed meant to depict a human landscape, then the ancient rebel artist who made them was way ahead of his or her time.
Science rules! Follow me @DeborahNetburn and "like" Los Angeles Times Science & Health on Facebook.
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US Constitution Annotated
Article III. JUDICIAL DEPARTMENT
Section II
Clause I
Clause 1
Clause 1. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;—to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States,—between Citizens of the same State claiming Land under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
JUDICIAL POWER AND JURISDICTION-CASES AND CONTROVERSIES
The potential for abuse of judicial power was of concern to the Founding Fathers, leading them to establish limits on the circumstance in which the courts could consider cases. When, late in the Convention, a delegate proposed to extend the judicial power beyond the consideration of laws and treaties to include cases arising under the Constitution, Madison’s notes captured these concerns. “Mr. Madison doubted whether it was not going too far to extend the jurisdiction of the Court generally to cases arising under the Constitution, and whether it ought not to be limited to cases of a Judiciary Nature. The right of expounding the Constitution in cases not of this nature ought not to be given to that Department.” Consequently, “[t]he motion of Docr. Johnson was agreed to nem : con : it being generally supposed that the jurisdiction given was constructively limited to cases of a Judiciary nature—.”359
This passage, and the language of Article III, § 2, makes clear that the Framers did not intend for federal judges to roam at large in construing the Constitution and laws of the United States, but rather preferred and provided for resolution of disputes arising in a “judicial” manner. This interpretation is reenforced by the refusal of the Convention to assign the judges the extra-judicial functions which some members of the Convention—Madison and Wilson notably—conceived for them. Thus, for instance, the Convention four times voted down proposals for judges, along with executive branch officials, to sit on a council of revision with the power to veto laws passed by Congress.360 A similar fate befell suggestions that the Chief Justice be a member of a privy council to assist the President361 and that the President or either House of Congress be able to request advisory opinions of the Supreme Court.362 The intent of the Framers in rejecting the latter proposal was early effectuated when the Justices declined a request of President Washington to tender him advice respecting legal issues growing out of United States neutrality between England and France in 1793.363 Moreover, the refusal of the Justices to participate in a congressional plan for awarding veterans’ pensions364 bespoke a similar adherence to the restricted role of courts. These restrictions have been encapsulated in a series of principles or doctrines, the application of which determines whether an issue is met for judicial resolution and whether the parties raising it are entitled to have it judicially resolved. Constitutional restrictions are intertwined with prudential considerations in the expression of these principles and doctrines, and it is seldom easy to separate out the two strands.365
The Two Classes of Cases and Controversies
By the terms of the foregoing section, the judicial power extends to nine classes of cases and controversies, which fall into two general groups. In the words of Chief Justice Marshall in Cohens v. Virginia:366 “In the first, jurisdiction depends on the character of the cause, whoever may be the parties. This class comprehends ‘all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority.’ This cause extends the jurisdiction of the court to all the cases described, without making in its terms any exception whatever, and without any regard to the condition of the party. If there be any exception, it is to be implied, against the express words of the article. In the second class, the jurisdiction depends entirely on the character of the parties. In this are comprehended ‘controversies between two or more states, between a state and citizens of another state,’ and ‘between a state and foreign states, citizens or subjects.’ If these be the parties, it is entirely unimportant, what may be the subject of controversy. Be it what it may, these parties have a constitutional right to come into the courts of the Union.”367
Judicial power is “the power of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.”368 The meaning attached to the terms “cases” and “controversies”369 determines therefore the extent of the judicial power as well as the capacity of the federal courts to receive jurisdiction. According to Chief Justice Marshall, judicial power is capable of acting only when the subject is submitted in a case and a case arises only when a party asserts his rights “in a form prescribed by law.”370 “By cases and controversies are intended the claims of litigants brought before the courts for determination by such regular proceedings as are established by law or custom for the protection or enforcement of rights, or the prevention, redress, or punishment of wrongs. Whenever the claim of a party under the Constitution, laws, or treaties of the United States takes such a form that the judicial power is capable of acting upon it, then it has become a case. The term implies the existence of present or possible adverse parties whose contentions are submitted to the Court for adjudication.”371
Chief Justice Hughes once essayed a definition, which, however, presents a substantial problem of labels. “A ‘controversy’ in this sense must be one that is appropriate for judicial determination. A justiciable controversy is thus distinguished from a difference or dispute of a hypothetical character; from one that is academic or moot. The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests. It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.”372 Of the “case” and “controversy” requirement, Chief Justice Warren admitted that “those two words have an iceberg quality, containing beneath their surface simplicity submerged complexities which go to the very heart of our constitutional form of government. Embodied in the words ‘cases’ and ‘controversies’ are two complementary but somewhat different limitations. In part those words limit the business of federal courts to questions presented in an adversary context and in a form historically viewed as capable of resolution through the judicial process. And in part those words define the role assigned to the judiciary in a tripartite allocation of power to assure that the federal courts will not intrude into areas committed to the other branches of government. Justiciability is the term of art employed to give expression to this dual limitation placed upon federal courts by the case and controversy doctrine.”373 Justice Frankfurter perhaps best captured the flavor of the “case” and “controversy” requirement by noting that it takes the “expert feel of lawyers” often to note it.374
From these quotations may be isolated several factors which, in one degree or another, go to make up a “case” and “controversy.”
Adverse Litigants
The presence of adverse litigants with real interests to contend for is a standard which has been stressed in numerous cases,375 and the requirement implicates a number of complementary factors making up a justiciable suit. The requirement was one of the decisive factors, if not the decisive one, in Muskrat v. United States,376 in which the Court struck down a statute authorizing certain named Indians to bring a test suit against the United States to determine the validity of a law affecting the allocation of Indian lands. Attorney’s fees of both sides were to be paid out of tribal funds deposited in the United States Treasury. “The judicial power,” said the Court, “. . . is the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction. . . . It is true the United States is made a defendant to this action, but it has no interest adverse to the claimants. The object is not to assert a property right as against the government, or to demand compensation for alleged wrongs because of action upon its part. The whole purpose of the law is to determine the constitutional validity of this class of legislation, in a suit not arising between parties concerning a property right necessarily involved in the decision in question, but in a proceeding against the government in its sovereign capacity, and concerning which the only judgment required is to settle the doubtful character of the legislation in question.”377
Concerns regarding adversity also arise when the executive branch chooses to enforce, but not defend in court, federal statutes that it has concluded are unconstitutional. In United States v. Windsor,378 the Court considered the Defense of Marriage Act (DOMA), which excludes same-sex partners from the definition of “spouse” as used in federal statutes.379 DOMA was challenged by the surviving member of a same-sex couple (married in Canada), who was seeking to claim a spousal federal estate tax exemption. Although the executive branch continued to deny the exemption, it also declined to defend the statute based on doubts as to whether it would survive scrutiny under the equal protection component of the Fifth Amendment’s Due Process Clause. Consequently, the Bipartisan Legal Advisory Group of the House of Representatives (BLAG)380 intervened to defend the statute. The Court held that, despite the decision not to defend, the failure of the United States to provide a refund to the taxpayer constituted an injury sufficient to establish standing, leaving only “prudential” limitations on judicial review at issue.
381 The Court concluded that the “prudential” concerns were outweighed by the presence of BLAG to offer an adversarial presentation of the issue, the legal uncertainty that would be caused by dismissing the case, and the concern that the executive branch’s assessment of the constitutionality of the statute would be immunized from judicial review.382
Collusive and Feigned Suits.
Adverse litigants are lacking in those suits in which two parties have gotten together to bring a friendly suit to settle a question of interest to them. Thus, in Lord v. Veazie,383 the latter had executed a deed to the former warranting that he had certain rights claimed by a third person, and suit was instituted to decide the “dispute.” Declaring that “the whole proceeding was in contempt of the court, and highly reprehensible,” the Court observed: “The contract set out in the pleadings was made for the purpose of instituting this suit. . . . The plaintiff and defendant are attempting to procure the opinion of this court upon a question of law, in the decision of which they have a common interest opposed to that of other persons, who are not parties to the suit. . . . And their conduct is the more objectionable, because they have brought up the question upon a statement of facts agreed upon between themselves . . . and upon a judgment pro forma entered by their mutual consent, without any actual judicial decision. . . .”384 “Whenever,” said the Court in another case, “in pursuance of an honest and actual antagonistic assertion of rights by one individual against another, there is presented a question involving the validity of any act of any legislature, State or federal, and the decision necessarily rests on the competency of the legislature to so enact, the court must . . . determine whether the act be constitutional or not; but such an exercise of power is the ultimate and supreme function of courts. It is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act.”385 Yet several widely known constitutional decisions have been rendered in cases in which friendly parties contrived to have the actions brought and in which the suits were supervised and financed by one side.386 There are also instances in which there may not be in fact an adverse party at certain stages; that is, instances when the parties do not actually disagree, but where the Supreme Court and the lower courts are empowered to adjudicate.387
Stockholder Suits.
Moreover, adversity in parties has often been found in suits by stockholders against their corporation in which the constitutionality of a statute or a government action is drawn in question, even though one may suspect that the interests of plaintiffs and defendant are not all that dissimilar. Thus, in Pollock v. Farmers’ Loan & Trust Co.,388 the Court sustained the jurisdiction of a district court which had enjoined the company from paying an income tax even though the suit was brought by a stockholder against the company, thereby circumventing a statute which forbade the maintenance in any court of a suit to restrain the collection of any tax.389 Subsequently, the Court sustained jurisdiction in cases brought by a stockholder to restrain a company from investing its funds in farm loan bonds issued by federal land banks390 and by preferred stockholders against a utility company and the TVA to enjoin the performance of contracts between the company and TVA on the ground that the statute creating it was unconstitutional.391 Perhaps most notorious was Carter v. Carter Coal Co.,392 in which the president of the company brought suit against the company and its officials, among whom was Carter’s father, a vice president of the company, and in which the Court entertained the suit and decided the case on the merits.393
Substantial Interest: Standing
Perhaps the most important element of the requirement of adverse parties may be found in the “complexities and vagaries” of the standing doctrine. “The fundamental aspect of standing is that it focuses on the party seeking to get his complaint before a federal court and not on the issues he wishes to have adjudicated.”394 The “gist of the question of standing” is whether the party seeking relief has “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.”395 This practical conception of standing has now given way to a primary emphasis upon separation of powers as the guide. “[T]he ‘case or controversy’ requirement defines with respect to the Judicial Branch the idea of separation of powers on which the Federal Government is founded. The several doctrines that have grown up to elaborate that requirement are ‘founded in concern about the proper—and properly limited— role of the courts in a democratic society.’ ”396
Standing as a doctrine is composed of both constitutional and prudential restraints on the power of the federal courts to render decisions,397 and is almost exclusively concerned with such public law questions as determinations of constitutionality and review of administrative or other governmental action.398 As such, it is often interpreted according to the prevailing philosophies of judicial activism and restraint, and narrowly or broadly in terms of the viewed desirability of access to the courts by persons seeking to challenge legislation or other governmental action. The trend in the 1960s was to broaden access; in the 1970s, 1980s, and 1990s, it was to narrow access by stiffening the requirements of standing, although Court majorities were not entirely consistent. The major difficulty in setting forth the standards is that the Court’s generalizations and the results it achieves are often at variance.399
The standing rules apply to actions brought in federal courts, and they have no direct application to actions brought in state courts.400
Generalized or Widespread Injuries.
Persons do not have standing to sue in federal court when all they can claim is that they have an interest or have suffered an injury that is shared by all members of the public. Thus, a group of persons suing as citizens to litigate a contention that membership of Members of Congress in the military reserves constituted a violation of Article I, § 6, cl. 2, was denied standing.401 “The only interest all citizens share in the claim advanced by respondents is one which presents injury in the abstract. . . . [The] claimed nonobservance [of the clause], standing alone, would adversely affect only the generalized interest of all citizens in constitutional governance.”402
Notwithstanding that a generalized injury that all citizens share is insufficient to confer standing, where a plaintiff alleges that the defendant’s action injures him in “a concrete and personal way,” “it does not matter how many [other] persons have [also] been injured. . . . [W]here a harm is concrete, though widely shared, the Court has found injury in fact.”403
Taxpayer Suits.
Save for a narrow exception, standing is also lacking when a litigant attempts to sue to contest governmental action that he claims injures him as a taxpayer. In Frothingham v. Mellon,404 the Court denied standing to a taxpayer suing to restrain disbursements of federal money to those states that chose to participate in a program to reduce maternal and infant mortality; her claim was that Congress lacked power to appropriate funds for those purposes and that the appropriations would increase her taxes in future years in an unconstitutional manner. Noting that a federal taxpayer’s “interest in the moneys of the Treasury . . . is comparatively minute and indeterminate” and that “the effect upon future taxation, of any payment out of the funds . . . [is] remote, fluctuating and uncertain,” the Court ruled that plaintiff had failed to allege the type of “direct injury” necessary to confer standing.405
Taxpayers were found to have standing, however, in Flast v. Cohen,406 to contest the expenditure of federal moneys to assist religious-affiliated organizations. The Court asserted that the answer to the question whether taxpayers have standing depends on whether the circumstances of each case demonstrate that there is a logical nexus between the status asserted and the claim sought to be adjudicated. First, there must be a logical link between the status of taxpayer and the type of legislative enactment attacked; this means that a taxpayer must allege the unconstitutionality only of exercises of congressional power under the taxing and spending clause of Article I, § 8, rather than also of incidental expenditure of funds in the administration of an essentially regulatory statute. Second, there must be a logical nexus between the status of taxpayer and the precise nature of the constitutional infringement alleged; this means that the taxpayer must show that the challenged enactment exceeds specific constitutional limitations imposed upon the exercise of the taxing and spending power, rather than simply arguing that the enactment is generally beyond the powers delegated to Congress. Both Frothingham and Flast met the first test, because they attacked a spending program. Flast met the second test, because the Establishment Clause of the First Amendment operates as a specific limitation upon the exercise of the taxing and spending power, but Frothingham did not, having alleged only that the Tenth Amendment had been exceeded. The Court reserved the question whether other specific limitations constrain the Taxing and Spending Clause in the same manner as the Establishment Clause.407
Since Flast, the Court has refused to expand taxpayer standing. Litigants seeking standing as taxpayers to challenge legislation permitting the CIA to withhold from the public detailed information about its expenditures as a violation of Article I, § 9, cl. 7, and to challenge certain Members of Congress from holding commissions in the reserves as a violation of Article I, § 6, cl. 2, were denied standing, in the former cases because their challenge was not to an exercise of the taxing and spending power and in the latter because their challenge was not to legislation enacted under Article I, § 8, but rather was to executive action in permitting Members to maintain their reserve status.408 An organization promoting church-state separation was denied standing to challenge an executive decision to donate surplus federal property to a church-related college, both because the contest was to executive action under valid legislation and because the property transfer was not pursuant to a Taxing and Spending Clause exercise but was taken under the Property Clause of Article IV, § 3, cl. 2.409 The Court also refused to create an exception for Commerce Clause violations to the general prohibition on taxpayer standing.410
Most recently, a Court plurality held that, even in Establishment Clause cases, there is no taxpayer standing where the expenditure of funds that is challenged was not specifically authorized by Congress, but came from general executive branch appropriations.411
Where expenditures “were not expressly authorized or mandated by any specific congressional enactment,” a lawsuit challenging them “is not directed at an exercise of congressional power and thus lacks the requisite ‘logical nexus’ between taxpayer status ‘and the type of legislative enactment attacked.’ ”412
Local taxpayers attacking local expenditures have generally been permitted more leeway than federal taxpayers insofar as standing is concerned. Thus, in Everson v. Board of Education,413 a municipal taxpayer was found to have standing to challenge the use of public funds for transportation of pupils to parochial schools.414 But, in Doremus v. Board of Education,415 the Court refused an appeal from a state court for lack of standing of a taxpayer challenging Bible reading in the classroom. The taxpayer’s action in Doremus, the Court wrote, “is not a direct dollars-and-cents injury but is a religious difference.”416 This rationale was similar to the spending program-regulatory program distinction of Flast. But, even a dollar-and-cents injury resulting from a state spending program will apparently not constitute a direct dollars-and-cents injury. The Court in Doremus wrote that a taxpayer challenging either a federal or a state statute “must be able to show not only that the statute is invalid but that he has sustained or is in immediate danger of sustaining some direct injury as a result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.”417
Constitutional Standards: Injury in Fact, Causation, and Redressability.
Although the Court has been inconsistent, it has now settled upon the rule that, “at an irreducible minimum,” the constitutional requisites under Article III for the existence of standing are that the plaintiff must personally have: 1) suffered some actual or threatened injury; 2) that injury can fairly be traced to the challenged action of the defendant; and 3) that the injury is likely to be redressed by a favorable decision.418
For a time, the actual or threatened injury requirement noted above included an additional requirement that such injury be the product of “a wrong which directly results in the violation of a legal right.”419 In other words, the injury needs to be “one of property, one arising out of contract, one protected against tortuous invasion, or one founded in a statute which confers a privilege.”420 It became apparent, however, that the “legal right” language was “demonstrably circular: if the plaintiff is given standing to assert his claims, his interest is legally protected; if he is denied standing, his interest is not legally protected.”421 Despite this test, the observable tendency of the Court was to find standing in cases which were grounded in injuries far removed from property rights.422
In any event, the “legal rights” language has now been dispensed with. Rejection of this doctrine occurred in two administrative law cases in which the Court announced that parties had standing when they suffered “injury in fact” to some interest, “economic or otherwise,” that is arguably within the zone of interest to be protected or regulated by the statute or constitutional provision in question.423 Political,424 environmental, aesthetic, and social interests, when impaired, now afford a basis for making constitutional attacks upon governmental action.425 “But deprivation of a procedural right without some concrete interest that is affected by the deprivation—a procedural right in vacuo—is insufficient to create Article III standing.”426 Moreover, while Congress has the power to define injuries and articulate “chains of causation” that will give rise to a case or controversy, a plaintiff does not “automatically satisf[y] the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize a person to sue to vindicate that right.”427
The breadth of the “injury-in-fact” concept may be discerned in a series of cases involving the right of private parties to bring actions under the Fair Housing Act to challenge alleged discriminatory practices, even where discriminatory action was not directed against parties to a suit, Theses case held that the subjective and intangible interests of enjoying the benefits of living in integrated communities were sufficient to permit them to attack actions that threatened or harmed those interests.428 Or, there is important case of FEC v. Akins,429 which addresses the ability of Congress to confer standing and to remove prudential constraints on judicial review. Congress had afforded persons access to Commission information and had authorized “any person aggrieved” by the actions of the FEC to sue. The Court found “injury-in-fact” present where plaintiff voters alleged that the Federal Election Commission had denied them information respecting an organization that might or might not be a political action committee.430 Another area where the Court has interpreted this term liberally are injuries to the interests of individuals and associations of individuals who use the environment, affording them standing to challenge actions that threatened those environmental conditions.431
Even citizens who bring qui tam actions under the False Claims Act—actions that entitle the plaintiff (“relator”) to a percentage of any civil penalty assessed for violation—have been held to have standing, on the theory that the government has assigned a portion of its damages claim to the plaintiff, and the assignee of a claim has standing to assert the injury in fact suffered by the assignor.432 Citing this holding and historical precedent, the Court upheld the standing of an assignee who had promised to remit the proceeds of the litigation to the assignor.433 The Court noted that “federal courts routinely entertain suits which will result in relief for parties that are not themselves directly bringing suit. Trustees bring suits to benefit their trusts; guardians at litem bring suits to benefit their wards; receivers bring suit to benefit their receiverships; assignees in bankruptcy bring suit to benefit bankrupt estates; and so forth.”434
Beyond these historical anomalies, the Court has indicated that, for parties lacking an individualized injury to seek judicial relief on behalf of an absent third party, there generally must be some sort of agency relationship between the litigant and the injured party. In Hollingsworth v. Perry,435 the Court considered the question of whether the official proponents of Proposition 8,436 a state measure that amended the California Constitution to define marriage as a union between a man and a woman, had standing to defend the constitutionality of the provision on appeal. After rejecting the argument that the proponents of Proposition 8 had a particularized injury in their own right,437 the Court considered the argument that the plaintiffs were formally authorized through some sort of official act to litigate on behalf of the State of California.
Although the proponents were authorized by California law to argue in defense of the proposition,438 the Court found that this authorization, by itself, was insufficient to create standing. The Court expressed concern that, although California law authorized the proponents to argue in favor of Proposition 8, the proponents were still acting as private individuals, not as state officials439 or as agents that were controlled by the state.440 Because the proponents did not act as agents or official representatives of the State of California in defending the law, the Court held that the proponents only possessed a generalized interest in arguing in defense of Proposition 8 and, therefore, lacked standing to appeal an adverse district court decision.
Nonetheless, the Court has been wary in constitutional cases of granting standing to persons who alleged threats or harm to interests that they shared with the larger community of people at large; it is unclear whether this rule against airing “generalized grievances” through the courts441 has a constitutional or a prudential basis.442
In a number of cases, particularly where a plaintiff seeks prospective relief, such as an injunction or declaratory relief, the Supreme Court has strictly construed the nature of the injury-in-fact necessary to obtain such judicial remedy. First, the Court has been hesitant to assume jurisdiction over matters in which the plaintiff seeking relief cannot articulate a concrete harm.443 For example, in Laird v. Tatum, the Court held that plaintiffs challenging a domestic surveillance program lacked standing when their alleged injury stemmed from a “subjective chill,” as opposed to a “claim of specific present objective harm or a threat of specific future harm.”444 And in Spokeo, Inc. v. Robins, the Court explained that a concrete injury requires that an injury must “actually exist” or there must be a “risk of real harm,” such that a plaintiff who alleges nothing more than a bare procedural violation of a federal statute cannot satisfy the injury-in-fact requirement.445 Second, the Court has required plaintiffs seeking equitable relief to demonstrate that the risk of a future injury is of a sufficient likelihood; past injury is insufficient to create standing to seek prospective relief.446 The Court has articulated the threshold of likelihood of future injury necessary for standing in such cases in various ways,447 generally refusing to find standing where the risk of future injury is speculative.448
More recently, in Clapper v. Amnesty International USA, the Court held that, in order to demonstrate Article III standing, a plaintiff seeking injunctive relief must prove that the future injury, which is the basis for the relief sought, must be “certainly impending”; a showing of a “reasonable likelihood” of future injury is insufficient.449 Moreover, the Court in Amnesty International held that a plaintiff cannot satisfy the imminence requirement by merely “manufacturing” costs incurred in response to speculative, non-imminent injuries.450
A year after Amnesty International, the Court in Susan B. Anthony List v. Driehaus451 reaffirmed that preenforcement challenges to a statute can occur “under circumstances that render the threatened enforcement sufficiently imminent.”452 In Susan B. Anthony List, an organization planning to disseminate a political advertisement, which was previously the source of an administrative complaint under an Ohio law prohibiting making false statements about a candidate or a candidate’s record during a political campaign, challenged the prospective enforcement of that law. The Court, in finding that the plaintiff ’s future injury was certainly impending, relied on the history of prior enforcement of the law with respect to the advertisement, coupled with the facts that “any person” could file a complaint under the law, and any threat of enforcement of the law could burden political speech.453
Of increasing importance are causation and redressability, the second and third elements of standing, recently developed and held to be of constitutional requisite. There must be a causal connection between the injury and the conduct complained of; that is, the Court insists that the plaintiff show that “but for” the action, she would not have been injured. And the Court has insisted that there must be a “substantial likelihood” that the relief sought from the court if granted would remedy the harm.454 Thus, poor people who had been denied service at certain hospitals were held to lack standing to challenge IRS policy of extending tax benefits to hospitals that did not serve indigents, because they could not show that alteration of the tax policy would cause the hospitals to alter their policies and treat them.455 Or, low-income persons seeking the invalidation of a town’s restrictive zoning ordinance were held to lack standing, because they had failed to allege with sufficient particularity that the complained-of injury—inability to obtain adequate housing within their means—was fairly attributable to the ordinance instead of to other factors, so that voiding of the ordinance might not have any effect upon their ability to find affordable housing.456 Similarly, the link between fully integrated public schools and allegedly lax administration of tax policy permitting benefits to discriminatory private schools was deemed too tenuous, the harm flowing from private actors not before the courts and the speculative possibility that directing denial of benefits would result in any minority child being admitted to a school.457
But the Court did permit plaintiffs to attack the constitutionality of a law limiting the liability of private utilities in the event of nuclear accidents and providing for indemnification, on a showing that “but for” the passage of the law there was a “substantial likelihood,” based upon industry testimony and other material in the legislative history, that the nuclear power plants would not be constructed and that therefore the environmental and aesthetic harm alleged by plaintiffs would not occur; thus, a voiding of the law would likely relieve the plaintiffs of the complained of injuries.458 And in a case where a creditor challenged a bankruptcy court’s structured dismissal of a Chapter 11 case that denied the creditor the opportunity to obtain a settlement or assert a claim with “litigation value,” the Court held that a decision in the creditor’s favor was likely to redress the loss.459 Operation of these requirements makes difficult but not impossible the establishment of standing by persons indirectly injured by governmental action, that is, action taken as to third parties that is alleged to have injured the claimants as a consequence.460
In a case permitting a plaintiff contractors’ association to challenge an affirmative-action, set-aside program, the Court seemed to depart from several restrictive standing decisions in which it had held that the claims of attempted litigants were too “speculative” or too “contingent.”461 The association had sued, alleging that many of its members “regularly bid on and perform construction work” for the city and that they would have bid on the set-aside contracts but for the restrictions. The Court found the association had standing, because certain prior cases under the Equal Protection Clause established a relevant proposition. “When the government erects a barrier that makes it more difficult for members of one group to obtain a benefit than it is for members of another group, a member of the former group seeking to challenge the barrier need not allege that he would have obtained the benefit but for the barrier in order to establish standing. The ‘injury in fact’ in an equal protection case of this variety is the denial of equal treatment resulting from the imposition of the barrier, not the ultimate inability to obtain the benefit.”462 The association, therefore, established standing by alleging that its members were able and ready to bid on contracts but that a discriminatory policy prevented them from doing so on an equal basis.463
Redressability can be present in an environmental “citizen suit” even when the remedy is civil penalties payable to the government. The civil penalties, the Court explained, “carried with them a deterrent effect that made it likely, as opposed to merely speculative, that the penalties would redress [plaintiffs’] injuries by abating current violations and preventing future ones.”464
Prudential Standing Rules.
Even when Article III constitu- tional standing rules have been satisfied, the Court has held that principles of prudence may counsel the judiciary to refuse to adjudicate some claims.465 The rule is “not meant to be especially demanding,”466 and it is clear that the Court feels free to disregard any of these prudential rules when it sees fit.467 Congress is also free to legislate away prudential restraints and confer standing to the extent permitted by Article III.468 The Court has identified three rules as prudential ones,469 only one of which has been a significant factor in the jurisprudence of standing. The first two rules are that the plaintiff ’s interest, to which she asserts an injury, must come within the “zone of interest” arguably protected by the constitutional provision or statute in question470 and that plaintiffs may not air “generalized grievances” shared by all or a large class of citizens.471 The important rule concerns the ability of a plaintiff to represent the constitutional rights of third parties not before the court.
Standing to Assert the Rights of Others.
Usually, one may assert only one’s interest in the litigation and not challenge the constitutionality of a statute or a governmental action because it infringes the protectable rights of someone else.472 In Tileston v. Ullman,473 an early round in the attack on a state anti-contraceptive law, a doctor sued, charging that he was prevented from giving his patients needed birth control advice. The Court held that he had no standing; no right of his was infringed, and he could not represent the interests of his patients.
There are several exceptions to the general rule, however, that make generalization misleading. Many cases allow standing to third parties who demonstrate a requisite degree of injury to themselves and if under the circumstances the injured parties whom they seek to represent would likely not be able to assert their rights. Thus, in Barrows v. Jackson,474 a white defendant who was being sued for damages for breach of a restrictive covenant directed against African Americans—and therefore able to show injury in liability for damages—was held to have standing to assert the rights of the class of persons whose constitutional rights were infringed.475 Similarly, the Court has permitted defendants who have been convicted under state law—giving them the requisite injury—to assert the rights of those persons not before the Court whose rights would be adversely affected through enforcement of the law in question.476 In fact, the Court has permitted persons who would be subject to future prosecution or future legal action—thus satisfying the injury requirement—to represent the rights of third parties with whom the challenged law has interfered with a relationship.477
It is also possible, of course, that one’s own rights can be affected by action directed at someone from another group.478 A substantial dispute was occasioned in Singleton v. Wulff,479 over the standing of doctors who were denied Medicaid funds for the performance of abortions not “medically indicated” to assert the rights of absent women to compensated abortions. All the Justices thought the Court should be hesitant to resolve a controversy on the basis of the rights of third parties, but they divided with respect to the standards exceptions. Four Justices favored a lenient standard, permitting third party representation when there is a close, perhaps confidential, relationship between the litigant and the third parties and when there is some genuine obstacle to third party assertion of their rights; four Justices would have permitted a litigant to assert the rights of third parties only when government directly interdicted the relationship between the litigant and the third parties through the criminal process and when litigation by the third parties is in all practicable terms impossible.480 Following Wulff, the Court emphasized the close attorney-client relationship in holding that a lawyer had standing to assert his client’s Sixth Amendment right to counsel in challenging application of a drug-forfeiture law to deprive the client of the means of paying counsel.481 A “next friend” that is asserting the rights of another must establish that he has a “close relationship” with the real party in interest who is unable to litigate his own cause because of a “hindrance,”482 such as mental incapacity, lack of access to courts, or other disability.483
A variant of the general rule is that one may not assert the unconstitutionality of a statute in other respects when the statute is constitutional as to him.484 Again, the exceptions may be more important than the rule. Thus, an overly broad statute, especially one that regulates speech and press, may be considered on its face rather than as applied, and a defendant to whom the statute constitutionally applies may thereby be enabled to assert its unconstitutionality.485
Legal challenges based upon the allocation of governmental authority under the Constitution, e.g., separation of powers and federalism, are generally based on a showing of injury to the disadvantaged governmental institution. The prohibition on litigating the injuries of others, however, does not appear to bar individuals from bringing these suits. For instance, injured private parties routinely bring separation-of-powers challenges,486 even though one could argue that the injury in question is actually upon the authority of the affected branch of government. Then, in Bond v. United States,487 the Court considered whether a criminal defendant could raise federalism arguments based on state prerogatives under the Tenth Amendment.488 There, the Court held that individuals could raise Tenth Amendment challenges, because states are not the “sole intended beneficiaries of federalism,” and an individual has a “direct interest in objecting to laws that upset the constitutional balance between the National Government and the States . . . .”489
Organizational Standing.
Organizations do not have stand- ing as such to represent their particular concept of the public interest,490 but organizations have been permitted to assert the rights of their members.491 In Hunt v. Washington State Apple Advertising Comm’n,492 the Court promulgated elaborate standards, holding that an organization or association “has standing to bring suit on behalf of its members when: (a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization’s purpose; and (c) neither the claim asserted, nor the relief requested, requires the participation of individual members in the lawsuit.” Similar considerations arise in the context of class actions, in which the Court holds that a named representative with a justiciable claim for relief is necessary when the action is filed and when the class is certified, but that following class certification there need be only a live controversy with the class, provided the adequacy of the representation is sufficient.493
Standing of States to Represent Their Citizens.
The right of a state to sue as parens patriae, in behalf of its citizens, has long been recognized.494 No state, however, may be parens patriae of its citizens “as against the Federal Government.”495 But a state may sue to protect the its citizens from environmental harm,496 and to enjoin other states and private parties from engaging in actions harmful to the economic or other well-being of it citizens.497 The state must be more than a nominal party without a real interest of its own, merely representing the interests of particular citizens who cannot represent themselves;498 it must articulate an interest apart from those of private parties that partakes of a “quasi-sovereign interest” in the health and well-being, both physical and economic, of its residents in general, although there are suggestions that the restrictive definition grows out of the Court’s wish to constrain its original jurisdiction and may not fit such suits brought in the lower federal courts.499
Standing of Members of Congress.
The lower federal courts, principally the D.C. Circuit, developed a body of law governing the standing of Members of Congress, as Members, to bring court actions, usually to challenge actions of the executive branch.500 When the Supreme Court finally addressed the issue on the merits in 1997, however, it severely curtailed Member standing.501 All agree that a legislator “receives no special consideration in the standing inquiry,”502 and that he, along with every other person attempting to invoke the aid of a federal court, must show “injury in fact” as a predicate to standing.503 What such injury in fact may consist of, however, has been the subject of debate.
A suit by Members for an injunction against continued prosecution of the Indochina war was held maintainable on the theory that if the court found the President’s actions to be beyond his constitutional authority, the holding would have a distinct and significant bearing upon the Members’ duties to vote appropriations and other supportive legislation and to consider impeachment.504 The breadth of this rationale was disapproved in subsequent cases. The leading decision is Kennedy v. Sampson,505 in which a Member was held to have standing to contest the alleged improper use of a pocket veto to prevent from becoming law a bill the Senator had voted for. Thus, Congressmen were held to have a derivative rather than direct interest in protecting their votes, which was sufficient for standing purposes, when some “legislative disenfranchisement” occurred.506 In a comprehensive assessment of its position, the Circuit distinguished between (1) a diminution in congressional influence resulting from executive action that nullifies a specific congressional vote or opportunity to vote in an objectively verifiable manner, which will constitute injury in fact, and (2) a diminution in a legislator’s effectiveness, subjectively judged by him, resulting from executive action, such a failing to obey a statute, where the plaintiff legislator has power to act through the legislative process, in which injury in fact does not exist.507 Having thus established a fairly broad concept of Member standing, the Circuit then proceeded to curtail it by holding that the equitable discretion of the court to deny relief should be exercised in many cases in which a Member had standing but in which issues of separation of powers, political questions, and other justiciability considerations counseled restraint.508
Member or legislator standing has been severely curtailed, although not quite abolished, in Raines v. Byrd.509 Several Members of Congress, who had voted against passage of the Line Item Veto Act, sued in their official capacities as Members of Congress to invalidate the law, alleging standing based on the theory that the statute adversely affected their constitutionally prescribed lawmaking power.510 Emphasizing its use of standing doctrine to maintain separation-of-powers principles, the Court adhered to its holdings that, in order to possess the requisite standing, a person must establish that he has a “personal stake” in the dispute and that the alleged injury suffered is particularized as to him.511 Neither requirement, the Court held, was met by these legislators. First, the Members did not suffer a particularized loss that distinguished them from their colleagues or from Congress as an entity. Second, the Members did not claim that they had been deprived of anything to which they were personally entitled. “[A]ppellees’ claim of standing is based on loss of political power, not loss of any private right, which would make the injury more concrete. . . . If one of the Members were to retire tomorrow, he would no longer have a claim; the claim would be possessed by his successor instead. The claimed injury thus runs (in a sense) with the Member’s seat, a seat which the Member holds . . . as trustee for his constituents, not as a prerogative of personal power.”512
So, there is no such thing as Member standing? Not necessarily so, because the Court turned immediately to preserving (at least a truncated version of) Coleman v. Miller,513 in which the Court had found that 20 of the 40 members of a state legislature had standing to sue to challenge the loss of the effectiveness of their votes as a result of a tie-breaker by the lieutenant governor. Although there are several possible explanations for the result in that case, the Court in Raines chose to fasten on a particularly narrow point. “[O]ur holding in Coleman stands (at most . . .) for the proposition that legislators whose votes would have been sufficient to defeat (or enact) a specific legislative Act have standing to sue if that legislative action goes into effect (or does not go into effect), on the ground that their votes have been completely nullified.”514 Because these Members could still pass or reject appropriations bills, vote to repeal the Act, or exempt any appropriations bill from presidential cancellation, the Act did not nullify their votes and thus give them standing.515
In a subsequent case, the Court reaffirmed the continued viability of Coleman516 in concluding that legislators, when authorized by the legislature, could have standing to assert an “institutional injury” to that legislative body.517 Specifically, the Court held in Arizona State Legislature v. Arizona Independent Redistricting Commission that the Arizona legislature had standing to challenge the validity of the Arizona Independent Redistricting Commission and the commission’s 2012 map of congressional districts because the legislature had been “stripped” of what the plaintiff considered its “exclusive constitutionally guarded role” in redistricting.518 Comparing the Arizona legislature’s role to the “institutional injury” suffered by the plaintiffs in Coleman, the Court viewed the Arizona legislators’ injury as akin to that of the Coleman legislators. Specifically, the Court likened the instant case to Coleman because the Arizona Constitution and the ballot initiative that provided for redistricting by an independent commission “completely nullif[y]” any vote “now or ‘in the future’ ” by the legislature “purporting to adopt a redistricting plan.”519 However, in Arizona State Legislature, the Court left open the question of whether Congress, in a lawsuit against the President over an institutional injury to the legislative branch, would likewise have standing, as such a lawsuit would “raise separation-of-powers concerns absent” in the case before the Court.520
Standing to Challenge Lawfulness of Governmental Action.
Standing to challenge governmental action on statutory or other non-constitutional grounds has a constitutional content to the degree that Article III requires a “case” or “controversy,” necessitating a litigant who has sustained or will sustain an injury so that he will be moved to present the issue “in an adversary context and in a form historically viewed as capable of judicial resolution.”521 Liberalization of standing in the administrative law field has been notable.
The “old law” required that in order to sue to contest the lawfulness of agency administrative action, one must have suffered a “legal wrong,” that is, “the right invaded must be a legal right,”522 requiring some resolution of the merits preliminarily. An injury-in-fact was insufficient. A “legal right” could be established in one of two ways. It could be a common-law right, such that if the injury were administered by a private party, one could sue on it;523 or it could be a right created by the Constitution or a statute.524 The statutory right most relied on was the judicial review section of the Administrative Procedure Act, which provided that “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.”525 Early decisions under this statute interpreted the language as adopting the “legal interest” and “legal wrong” standard then prevailing as constitutional requirements of standing, which generally had the effect of limiting the type of injury cognizable in federal court to economic ones.526
In 1970, however, the Court promulgated a two-pronged standing test: if the litigant (1) has suffered injury-in-fact and if he (2) shows that the interest he seeks to protect is arguably within the zone of interests to be protected or regulated by the statutory guarantee in question, he has standing.527 Of even greater importance was the expansion of the nature of the cognizable injury beyond economic injury to encompass “aesthetic, conservational, and recreational” interests as well.528 “Aesthetic and environmental well-being, like economic well-being, are important ingredients of the quality of life in our society, and the fact that particular environmental interests are shared by the many rather than the few does not make them less deserving of legal protection through the judicial process.”529 Thus, plaintiffs who pleaded that they used the natural resources of the Washington area, that rail freight rates would deter the recycling of used goods, and that their use of natural resources would be disturbed by the adverse environmental impact caused by the nonuse of recyclable goods, had standing as “persons aggrieved” to challenge the rates set. Neither the large numbers of persons allegedly injured nor the indirect and less perceptible harm to the environment was justification to deny standing. The Court granted that the plaintiffs might never be able to establish the “attenuated line of causation” from rate setting to injury, but that was a matter for proof at trial, not for resolution on the pleadings.530
Much debate has occurred in recent years with respect to the validity of “citizen suit” provisions in the environmental laws, especially in light of the Court’s retrenchment in constitutional standing cases. The Court in insisting on injury in fact as well as causation and redressability has curbed access to citizen suits,531 but that Congress may expansively confer substantial degrees of standing through statutory creations of interests remains true.
The Requirement of a Real Interest
Almost inseparable from the requirements of adverse parties and substantial enough interests to confer standing is the requirement that a real issue be presented, as contrasted with speculative, abstract, hypothetical, or moot issues. It has long been the Court’s “considered practice not to decide abstract, hypothetical or contingent questions.”532 A party cannot maintain a suit “for a mere declaration in the air.”533 In Texas v. ICC,534 the State attempted to enjoin the enforcement of the Transportation Act of 1920 on the ground that it invaded the reserved rights of the State. The Court dismissed the complaint as presenting no case or controversy, declaring: “It is only where rights, in themselves appropriate subjects of judicial cognizance, are being, or about to be, affected prejudicially by the application or enforcement of a statute that its validity may be called in question by a suitor and determined by an exertion of the judicial power.”535 And in Ashwander v. TVA,536 the Court refused to decide any issue save that of the validity of the contracts between the Authority and the Company. “The pronouncements, policies and program of the Tennessee Valley Authority and its directors, their motives and desires, did not give rise to a justiciable controversy save as they had fruition in action of a definite and concrete character constituting an actual or threatened interference with the rights of the person complaining.”537
Concepts of real interest and abstract questions appeared prominently in United Public Workers v. Mitchell,538 an omnibus attack on the constitutionality of the Hatch Act prohibitions on political activities by governmental employees. With one exception, none of the plaintiffs had violated the Act, though they stated they desired to engage in forbidden political actions. The Court found no justiciable controversy except in regard to the one, calling for “concrete legal issues, presented in actual cases, not abstractions,” and seeing the suit as really an attack on the political expediency of the Act.
Advisory Opinions.
In 1793, the Court unanimously refused to grant the request of President Washington and Secretary of State Jefferson to construe the treaties and laws of the United States pertaining to questions of international law arising out of the wars of the French Revolution.540 Noting the constitutional separation of powers and functions in his reply, Chief Justice Jay said: “These being in certain respects checks upon each other, and our being Judges of a Court in the last resort, are considerations which afford strong arguments against the propriety of our extra-judicially deciding the questions alluded to, especially as the power given by the Constitution to the President, of calling on the heads of departments for opinions, seem to have been purposely as well as expressly united to the Executive departments.”541 Although the Court has generally adhered to its refusal, Justice Jackson was not quite correct when he termed the policy a “firm and unvarying practice. . . .”542 The Justices in response to a letter calling for suggestions on improvements in the operation of the courts drafted a letter suggesting that circuit duty for the Justices was unconstitutional, but they apparently never sent it;543 Justice Johnson communicated to President Monroe, apparently with the knowledge and approval of the other Justices, the views of the Justices on the constitutionality of internal improvements legislation;544 and Chief Justice Hughes in a letter to Senator Wheeler on President Roosevelt’s Court Plan questioned the constitutionality of a proposal to increase the membership and have the Court sit in divisions.545 Other Justices have individually served as advisers and confidants of Presidents in one degree or another.546
Nonetheless, the Court has generally adhered to the early precedent and would no doubt have developed the rule in any event, as a logical application of the case and controversy doctrine. As Justice Jackson wrote when the Court refused to review an order of the Civil Aeronautics Board, which in effect was a mere recommendation to the President for his final action: “To revise or review an administrative decision which has only the force of a recommendation to the President would be to render an advisory opinion in its most obnoxious form—advice that the President has not asked, tendered at the demand of a private litigant, on a subject concededly within the President’s exclusive, ultimate control. This Court early and wisely determined that it would not give advisory opinions even when asked by the Chief Executive. It has also been the firm and unvarying practice of Constitutional Courts to render no judgments not binding and conclusive on the parties and none that are subject to later review or alteration by administrative action.”547 The Court’s early refusal to render advisory opinions has discouraged direct requests for advice so that the advisory opinion has appeared only collaterally in cases where there was a lack of adverse parties,548 or where the judgment of the Court was subject to later review or action by the executive or legislative branches of government,549 or where the issues involved were abstract or contingent.550
Declaratory Judgments.
Rigid emphasis upon such ele- ments of judicial power as finality of judgment and award of execution coupled with equally rigid emphasis upon adverse parties and real interests as essential elements of a case and controversy created serious doubts about the validity of any federal declaratory judgment procedure.551 These doubts were largely dispelled by Court decisions in the late 1920s and early 1930s,552 and Congress quickly responded with the Federal Declaratory Judgment Act of 1934.553 Quickly tested, the Act was unanimously sustained.554 “The principle involved in this form of procedure,” the House report said, “is to confer upon the courts the power to exercise in some instances preventive relief; a function now performed rather clumsily by our equitable proceedings and inadequately by the law courts.”555 The Senate report stated: “The declaratory judgment differs in no essential respect from any other judgment except that it is not followed by a decree for damages, injunction, specific performance, or other immediately coercive decree. It declares conclusively and finally the rights of parties in litigations over a contested issue, a form of relief which often suffices to settle controversies and fully administer justice.”556
The 1934 Act provided that “[i]n cases of actual controversy” federal courts could “declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed. . . .”557 Upholding the Act, the Court wrote: “The Declaratory Judgment Act of 1934, in its limitation to ‘cases of actual controversy,’ manifestly has regard to the constitutional provision and is operative only in respect to controversies which are such in the constitutional sense. The word ‘actual’ is one of emphasis rather than of definition. Thus the operation of the Declaratory Judgment Act is procedural only. In providing remedies and defining procedure in relation to cases and controversies in the constitutional sense the Congress is acting within its delegated power over the jurisdiction of the federal courts which the Congress is authorized to establish.”558 Finding that the case presented a definite and concrete controversy, the Court held that a declaration should have been issued.559
The Court has insisted that “the requirements for a justiciable case or controversy are no less strict in a declaratory judgment proceeding than in any other type of suit.”560 As Justice Douglas wrote: “The difference between an abstract question and a ‘controversy’ contemplated by the Declaratory Judgment Act is necessarily one of degree, and it would be difficult, if it would be possible, to fashion a precise test for determining in every case whether there is such a controversy. Basically, the question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.”561 It remains, therefore, for the courts to determine in each case the degree of controversy necessary to establish a case for purposes of jurisdiction. Even then, however, the Court is under no compulsion to exercise its jurisdiction.562 Use of declaratory judgments to settle disputes and identify rights in many private areas, like insurance and patents in particular but extending into all areas of civil litigation, except taxes,563 is common. The Court has, however, at various times demonstrated a substantial reluctance to have important questions of public law, especially regarding the validity of legislation, resolved by such a procedure.564 In part, this has been accomplished by a strict insistence upon concreteness, ripeness, and the like.565 Nonetheless, even at such times, several noteworthy constitutional decisions were rendered in declaratory judgment actions.566
As part of the 1960s hospitality to greater access to courts, the Court exhibited a greater receptivity to declaratory judgments in constitutional litigation, especially cases involving civil liberties issues.567 The doctrinal underpinnings of this hospitality were sketched out by Justice Brennan in his opinion for the Court in Zwickler v. Koota,568 in which the relevance to declaratory judgments of the Dombrowski v. Pfister569 line of cases involving federal injunctive relief against the enforcement of state criminal statutes was in issue. First, it was held that the vesting of “federal question” jurisdiction in the federal courts by Congress following the Civil War, as well as the enactment of more specific civil rights jurisdictional statutes, “imposed the duty upon all levels of the federal judiciary to give due respect to a suitor’s choice of a federal forum for the hearing and decision of his federal constitutional claims.”570 Escape from that duty might be found only in “narrow circumstances,” such as an appropriate application of the abstention doctrine, which was not proper where a statute affecting civil liberties was so broad as to reach protected activities as well as unprotected activities. Second, the judicially developed doctrine that a litigant must show “special circumstances” to justify the issuance of a federal injunction against the enforcement of state criminal laws is not applicable to requests for federal declaratory relief: “a federal district court has the duty to decide the appropriateness and the merits of the declaratory request irrespective of its conclusion as to the propriety of the issuance of the injunction.”571 This language was qualified subsequently, so that declaratory and injunctive relief were equated in cases in which a criminal prosecution is pending in state court at the time the federal action is filed572 or is begun in state court after the filing of the federal action but before any proceedings of substance have taken place in federal court,573 and federal courts were instructed not to issue declaratory judgments in the absence of the factors permitting issuance of injunctions under the same circumstances. But in the absence of a pending state action or the subsequent and timely filing of one, a request for a declaratory judgment that a statute or ordinance is unconstitutional does not have to meet the stricter requirements justifying the issuance of an injunction.574
Ripeness.
Just as standing historically has concerned who may bring an action in federal court, the ripeness doctrine concerns when it may be brought. Formerly, it was a wholly constitutional principle requiring a determination that the events bearing on the substantive issue have happened or are sufficiently certain to occur so as to make adjudication necessary and so as to assure that the issues are sufficiently defined to permit intelligent resolution. The focus was on the harm to the rights claimed rather than on the harm to the plaintiff that gave him standing to bring the action,575 although, to be sure, in most cases the harm is the same. But in liberalizing the doctrine of ripeness in recent years the Court subdivided it into constitutional and prudential parts576 and conflated standing and ripeness considerations.577
The early cases generally required potential plaintiffs to expose themselves to possibly irreparable injury in order to invoke federal judicial review. Thus, in United Public Workers v. Mitchell,578 government employees alleged that they wished to engage in various political activities and that they were deterred from their desires by the Hatch Act prohibitions on political activities. As to all but one plaintiff, who had himself actually engaged in forbidden activity, the Court held itself unable to adjudicate because the plaintiffs were not threatened with “actual interference” with their interests. The Justices viewed the threat to plaintiffs’ rights as hypothetical and refused to speculate about the kinds of political activity they might engage in or the Government’s response to it. “No threat of interference by the Commission with rights of these appellants appears beyond that implied by the existence of the law and the regulations.”579 Similarly, resident aliens planning to work in the Territory of Alaska for the summer and then return to the United States were denied a request for an interpretation of the immigration laws that they would not be treated on their return as excludable aliens entering the United States for the first time, or alternatively, for a ruling that the laws so interpreted would be unconstitutional. The resident aliens had not left the country and attempted to return, although other alien workers had gone and been denied reentry, and the immigration authorities were on record as intending to enforce the laws as they construed them.580 Of course, the Court was not entirely consistent in applying the doctrine.581
It remains good general law that pre-enforcement challenges to criminal and regulatory legislation will often be unripe for judicial consideration because of uncertainty of enforcement,582 because the plaintiffs can allege only a subjective feeling of inhibition or fear arising from the legislation or from enforcement of it,583 or because the courts need before them the details of a concrete factual situation arising from enforcement in order to engage in a reasoned balancing of individual rights and governmental interests.584 But one who challenges a statute or possible administrative action need demonstrate only a realistic danger of sustaining an injury to his rights as a result of the statute’s operation and enforcement and need not await the consummation of the threatened injury in order to obtain preventive relief, such as exposing himself to actual arrest or prosecution. When one alleges an intention to engage in conduct arguably affected with a constitutional interest but proscribed by statute and there exists a credible threat of prosecution thereunder, he may bring an action for declaratory or injunctive relief.585 Similarly, the reasonable certainty of the occurrence of the perceived threat to a constitutional interest is sufficient to afford a basis for bringing a challenge, provided the court has sufficient facts before it to enable it to intelligently adjudicate the issues.586
Of considerable uncertainty in the law of ripeness is Duke Power, in which the Court held ripe for decision on the merits a challenge to a federal law limiting liability for nuclear accidents at nuclear power plants, on the basis that, because the plaintiffs had sustained an injury-in-fact and had standing, the Article III requisite of ripeness was satisfied and no additional facts arising out of the occurrence of the claimed harm would enable the court better to decide the issues.587 Should this analysis prevail, ripeness as a limitation on justiciability will decline in importance.
Mootness.
A case initially presenting all the attributes neces- sary for federal court litigation may at some point lose some attribute of justiciability and become “moot.” The usual rule is that an actual controversy must exist at all stages of trial and appellate consideration and not simply at the date the action is initiated.588 “Under Article III of the Constitution, federal courts may adjudicate only actual, ongoing cases or controversies. . . . Article III denies federal courts the power ‘to decide questions that cannot affect the rights of litigants in the case before them,’ . . . and confines them to resolving ‘real and substantial controvers[ies] admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.’ This case-or-controversy requirement subsists through all stages of federal judicial proceedings, trial and appellate. To sustain our jurisdiction in the present case, it is not enough that a dispute was very much alive when suit was filed, or when review was obtained in the Court of Appeals. . . . The parties must continue to have a ‘personal stake in the outcome’ of the lawsuit.”589 Because, with the advent of declaratory judgments, it is open to the federal courts to “declare the rights and other legal relations” of the parties with res judicata effect,590 the question in cases alleged to be moot now seems largely if not exclusively to be decided in terms of whether an actual controversy continues to exist between the parties rather than in terms of any additional older concepts.591 So long as concrete, adverse legal interests between the parties continue, a case is not made moot by intervening actions that cast doubt on the practical enforceability of a final judicial order.592
Cases may become moot because of a change in the law,593 or in the status of the parties,594 or because of some act of one of the parties which dissolves the controversy.595 But the Court has developed several exceptions. Thus, in criminal cases, although the sentence of the convicted appellant has been served, the case “is moot only if it is shown that there is no possibility that any collateral legal consequences will be imposed on the basis of the challenged conviction.”596 The “mere possibility” of such a consequence, even a “remote” one, is enough to find that one who has served his sentence has retained the requisite personal stake giving his case “an adversary cast and making it justiciable.”597 This exception has its counterpart in civil litigation in which a lower court judgment may still have certain present or future adverse effects on the challenging party.598
A second exception, the “voluntary cessation” doctrine, focuses on whether challenged conduct which has lapsed or the utilization of a statute which has been superseded is likely to recur.599 Thus, cessation of the challenged activity by the voluntary choice of the person engaging in it, especially if he contends that he was properly engaging in it, will moot the case only if it can be said with assurance “that ‘there is no reasonable expectation that the wrong will be repeated.’ ”600 This amounts to a “formidable burden” of showing with absolute clarity that there is no reasonable prospect of renewed activity.601 Otherwise, “[t]he defendant is free to return to his old ways” and this fact would be enough to prevent mootness because of the “public interest in having the legality of the practices settled.”602 In this vein, the Court in Campbell-Ewald Co. v. Gomez, informed by principles of contract law, held that an unaccepted offer to settle a lawsuit amounts to a “legal nullity” that fails to bind either party and therefore does not moot the litigation.603
Still a third exception concerns the ability to challenge short-term conduct which may recur in the future, which has been denominated as disputes “capable of repetition, yet evading review.”604 Thus, in cases in which (1) the challenged action is too short in its duration to be fully litigated prior to its cessation or expiration, and (2) there is a reasonable expectation that the same complaining party would be subjected to the same action again, mootness will not be found when the complained-of conduct ends.605 This exception is frequently invoked in cases involving situations of comparatively limited duration, such as elections,606 pregnancies,607 short sentences in criminal cases,608 the award of at least some short-term federal government contracts,609 and the issuance of injunctions that expire in a brief period.610
An interesting and potentially significant liberalization of the law of mootness, perhaps as part of a continuing circumstances exception, is occurring in the context of class action litigation. It is now clearly established that, when the controversy becomes moot as to the plaintiff in a certified class action, it still remains alive for the class he represents so long as an adversary relationship sufficient to constitute a live controversy between the class members and the other party exists.611 The Court was closely divided, however, with respect to the right of the named party, when the substantive controversy became moot as to him, to appeal as error the denial of a motion to certify the class which he sought to represent and which he still sought to represent. The Court held that in the class action setting there are two aspects of the Article III mootness question, the existence of a live controversy and the existence of a personal stake in the outcome for the named class representative.612 Finding a live controversy, the Court determined that the named plaintiff retained a sufficient interest, “a personal stake,” in his claimed right to represent the class in order to satisfy the “imperatives of a dispute capable of judicial resolution;” that is, his continuing interest adequately assures that “sharply presented issues” are placed before the court “in a concrete factual setting” with “self-interested parties vigorously advocating opposing positions.”613
The immediate effect of the decision is that litigation in which class actions are properly certified or in which they should have been certified will rarely ever be mooted if the named plaintiff (or in effect his attorney) chooses to pursue the matter, even though the named plaintiff can no longer obtain any personal relief from the decision sought.614 Of much greater potential significance is the possible extension of the weakening of the “personal stake” requirement in other areas, such as the representation of third-party claims in non-class actions and the initiation of some litigation in the form of a “private attorneys general” pursuit of adjudication.615 In Genesis Healthcare Corporation v. Symczyk,616 the Court appeared to follow the “personal stake” rule applicable to class actions in the context of “collective actions” under the Fair Labor Standards Act, at least to the extent that actions that would moot the plaintiff ’s claims prior to a “conditional certification” by the court would likewise moot the collective action.
Retroactivity Versus Prospectivity.
One of the distinguish- ing features of an advisory opinion is that it lays down a rule to be applied to future cases, much as does legislation generally. It should therefore follow that an Article III court could not decide purely prospective cases, cases which do not govern the rights and disabilities of the parties to the cases.617 The Court asserted that this principle is true, while applying it only to give retroactive effect to the parties to the immediate case.618 Yet, occasionally, the Court did not apply its holding to the parties before it,619 and in a series of cases beginning in the mid-1960s it became embroiled in attempts to limit the retroactive effect of its—primarily but not exclusively620 — constitutional-criminal law decisions. The results have been confusing and unpredictable.621
Prior to 1965, “both the common law and our own decisions recognized a general rule of retrospective effect for the constitutional decisions of this Court . . . subject to [certain] limited exceptions.”622 Statutory and judge-made law have consequences, at least to the extent that people must rely on them in making decisions and shaping their conduct. Therefore, the Court was moved to recognize that there should be a reconciling of constitutional interests reflected in a new rule of law with reliance interests founded upon the old.623 In both criminal and civil cases, however, the Court’s discretion to do so has been constrained by later decisions.
In the 1960s, when the Court began its expansion of the Bill of Rights and applied its rulings to the states, it became necessary to determine the application of the rulings to criminal defendants who had exhausted all direct appeals but who could still resort to habeas corpus, to those who had been convicted but still were on direct appeal, and to those who had allegedly engaged in conduct but who had not gone to trial. At first, the Court drew the line at cases in which judgments of conviction were not yet final, so that all persons in those situations obtained retrospective use of decisions,624 but the Court later promulgated standards for a balancing process that resulted in different degrees of retroactivity in different cases.625 Generally, in cases in which the Court declared a rule that was “a clear break with the past,” it denied retroactivity to all defendants, with the sometime exception of the appellant himself.626 With respect to certain cases in which a new rule was intended to overcome an impairment of the truth-finding function of a criminal trial627 or to cases in which the Court found that a constitutional doctrine barred the conviction or punishment of someone,628 full retroactivity, even to habeas claimants, was the rule. Justice Harlan strongly argued that the Court should sweep away its confusing balancing rules and hold that all defendants whose cases are still pending on direct appeal at the time of a law-changing decision should be entitled to invoke the new rule, but that no habeas claimant should be entitled to benefit.629
The Court later drew a sharp distinction between criminal cases pending on direct review and cases pending on collateral review. For cases on direct review, “a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a ‘clear break’ with the past.”630 Justice Harlan’s habeas approach was first adopted by a plurality in Teague v. Lane631 and then by the Court in Penry v. Lynaugh.632 Thus, for collateral review in federal courts of state court criminal convictions, the general rule is that “new rules” of constitutional interpretation—those “not ‘dictated by precedent existing at the time the defendant’s conviction became final’ ”633 —will not be applied.634 However, “[a] new rule applies retroactively in a collateral proceeding only if (1) the rule is substantive or (2) the rule is a ‘watershed rul[e] of criminal procedure’ implicating the fundamental fairness and accuracy of the criminal proceeding.”635 Put another way, a new rule will be applied in a collateral proceeding only if it places certain kinds of conduct “beyond the power of the criminal law-making authority to prescribe” or constitutes a “new procedure[ ] without which the likelihood of an accurate conviction is seriously diminished.”636 In Montgomery v. Louisiana, the Court extended the holding of Teague beyond the context of federal habeas review, such that when a new substantive rule of constitutional law controls the outcome of a case, state collateral review courts must give retroactive effect to that rule in the same manner as federal courts engaging in habeas review.637
As a result, at least with regard to the first exception, the Court has held that the Teague rule is constitutionally based,638 as substantive rules set forth categorical guarantees that place certain laws and punishments beyond a state’s power, making “the resulting conviction or sentence . . . by definition . . . unlawful.”639 In contrast, procedural rules are those that are aimed at enhancing the accuracy of a conviction or sentence by regulating the manner of determining the defendant’s guilt.640 As a consequence, with respect to a defendant who did not receive the benefit of a new procedural rule, the possibility exists that the underlying conviction or sentence may “still be accurate” and the “defendant’s continued confinement may still be lawful” under the Constitution.641 In this vein, the Court has described a substantive rule as one that alters the range of conduct that the law punishes, or that prohibits “a certain category of punishment for a class of defendants because of their status or offense.”642
Under the second exception it is “not enough under Teague to say that a new rule is aimed at improving the accuracy of a trial. More is required. A rule that qualifies under this exception must not only improve accuracy, but also alter our understanding of the bedrock procedural elements essential to the fairness of a proceeding.”643
What the rule is to be, and indeed if there is to be a rule, in civil cases has been disputed to a rough draw in recent cases. As was noted above, there is a line of civil cases, constitutional and nonconstitutional, in which the Court has declined to apply new rules, the result often of overruling older cases, retrospectively, sometimes even to the prevailing party in the case.644 As in criminal cases, the creation of new law, through overrulings or otherwise, may result in retroactivity in all instances, in pure prospectivity, or in partial prospectivity in which the prevailing party obtains the results of the new rule but no one else does. In two cases raising the question when states are required to refund taxes collected under a statute that is subsequently ruled unconstitutional, the Court revealed itself to be deeply divided.645 The question in Beam was whether the company could claim a tax refund under an earlier ruling holding unconstitutional the imposition of certain taxes upon its products. The holding of a fractionated Court was that it could seek a refund, because in the earlier ruling the Court had applied the holding to the contesting company, and, once a new rule has been applied retroactively to the litigants in a civil case, considerations of equality and stare decisis compel application to all.646 Although partial or selective prospectivity is thus ruled out, neither pure retroactivity nor pure prospectivity is either required or forbidden.
Four Justices adhered to the principle that new rules, as defined above, may be applied purely prospectively, without violating any tenet of Article III or any other constitutional value.647 Three Justices argued that all prospectivity, whether partial or total, violates Article III by expanding the jurisdiction of the federal courts beyond true cases and controversies.648 Apparently, the Court now has resolved this dispute, although the principal decision was by a five-to-four vote. In Harper v. Virginia Dep’t of Taxation,649 the Court adopted the principle of the Griffith decision in criminal cases and disregarded the Chevron Oil approach in civil cases. Henceforth, in civil cases, the rule is: “When this Court applies a rule of federal law to the parties before it, that rule is the controlling interpretation of federal law and must be given full retroactive effect in all cases open on direct review and as to all events, regardless of whether such events predate or postdate our announcement of the rule.”650 Four Justices continued to adhere to Chevron Oil, however,651 so that with one Justice each retired from the different sides one may not regard the issue as definitively settled.652 Future cases must, therefore, be awaited for resolution of this issue.
Political Questions
In some cases, a court will refuse to adjudicate a case despite the fact that it presents all the qualifications that we have considered to make it a justiciable controversy; it is in its jurisdiction, presented by parties with standing, and it is a case in which adverseness and ripeness exist. Such are cases that present a “political question.” Although the Court has referred to the political question doctrine as “one of the rules basic to the federal system and this Court’s appropriate place within that structure,”653 it has also been remarked that “[i]t is, measured by any of the normal responsibilities of a phrase of definition, one of the least satisfactory terms known to the law. The origin, scope, and purpose of the concept have eluded all attempts at precise statements.”654
It has been suggested that it may be more useful to itemize the categories of questions that have been labeled political rather than to attempt to isolate the factors that a court will consider to identify such cases.655 The Court has to some extent agreed, noting that the criteria applied by the Court in political questions cases can vary depending on the issue involved.656 Regardless of which approach is taken, however, the Court’s narrowing of the rationale for political questions in Baker v. Carr,657 discussed below, appears to have changed the nature of the inquiry radically.
Origins and Development.
In the first decade after ratifica- tion of the Constitution, the Court in Ware v. Hylton658 refused to pass on the question whether a treaty had been broken, and in Martin v. Mott,659 the Court held that the President acting under congressional authorization had exclusive and unreviewable power to determine when the militia should be called out. But the roots of the doctrine are most clearly seen in Marbury v. Madison,660 where Chief Justice Marshall stated: “The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive can never be made in this court.”661
In Luther v. Borden,662 however, the Court made clear that the doctrine went beyond considerations of interference with executive functions. This case, arising from the Dorr Rebellion (a period of political unrest in Rhode Island), considered the claims of two competing factions vying to be declared the lawful government of Rhode Island.663 Chief Justice Taney, for the Court, began by saying that the answer was primarily a matter of state law that had been decided in favor of one faction by the state courts.664 Insofar as the Federal Constitution had anything to say on the subject, the Chief Justice continued, that was embodied in the clause empowering the United States to guarantee to every state a republican form of government,665 and this clause committed the determination of that issue to Congress.
“Under this article of the Constitution it rests with Congress to decide what government is the established one in a State. For as the United States guarantee to each State a republican government, Congress must necessarily decide what government is established in the State before it can determine whether it is republican or not. And when the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal.”666 Here, the contest had not proceeded to a point where Congress had made a decision, “[y]et the right to decide is placed there, and not in the courts.”667
Moreover, in effectuating the provision in the same clause that the United States should protect states against domestic violence, Congress had vested discretion in the President to use troops to protect a state government upon the application of the legislature or the governor. Before he could act upon the application of a legislature or a governor, the President “must determine what body of men constitute the legislature, and who is the governor . . . .” No court could review the President’s exercise of discretion in this respect; no court could recognize as legitimate a group vying against the group recognized by the President as the lawful government.668 Although the President had not actually called out the militia in Rhode Island, he had pledged support to one of the competing governments, and this pledge of military assistance if it were needed had in fact led to the capitulation of the other faction, thus making an effectual and authoritative determination not reviewable by the Court.669
The Doctrine Before Baker v. Carr.
Over the years, the po- litical question doctrine has been applied to preclude adjudication of a variety of other issues. In particular, prior to Baker v. Carr,670 cases challenging the distribution of political power through apportionment and districting,671 weighted voting,672 and restrictions on political action673 were held to present nonjusticiable political questions. Certain factors appear more or less consistently through most of the cases decided before Baker, and it is perhaps best to indicate the cases and issues deemed political before attempting to isolate these factors.
1. Republican Form of Government. By far the most consistent application of the doctrine has been in cases in which litigants asserted claims under the republican form of government clause.674 The attacks were generally either on the government of the state itself675 or involved a challenge regarding the manner in which it had acted.676 There have, however, been cases involving this clause in which the Court has reached the merits.677
2. Recognition of Foreign States. Although there is language in the cases that would, if applied, serve to make all cases touching on foreign affairs and foreign policy political questions,678 whether the courts can adjudicate a dispute in this area has often depended on the context in which it arises. Thus, the determination by the President whether to recognize the government of a foreign state679 or who is the de jure or de facto ruler of a foreign state680 is conclusive on the courts. In the absence of a definitive executive action, however, the courts will review the record to determine whether the United States has accorded a sufficient degree of recognition to allow the courts to take judicial notice of the existence of the state.681 Moreover, the courts have often determined for themselves what effect, if any, should be accorded the acts of foreign powers, recognized or unrecognized.682
3. Treaties. Similarly, the Court, when dealing with treaties and the treaty power, has treated as political questions whether the foreign party had constitutional authority to assume a particular obligation683 and whether a treaty has lapsed because of the foreign state’s loss of independence684 or because of changes in the territorial sovereignty of the foreign state.685 On the other hand, the Court will not only interpret the domestic effects of treaties,686 but it will at times interpret the effects bearing on international matters.687 The Court has generally deferred to the President and Congress with regard to the existence of a state of war and the dates of the beginning and ending and of states of belligerency between foreign powers, but the deference has sometimes been forced.688
4. Enactment or Ratification of Laws. Ordinarily, the Court will not look behind the fact of certification as to whether the standards requisite for the enactment of legislation689 or ratification of a constitutional amendment690 have in fact been met, although it will interpret the Constitution to determine what the basic standards are.691 Further, the Court will decide certain questions if the political branches are in disagreement.692
From this limited review of the principal areas in which the political question doctrine seemed most established, it is possible to extract some factors that seemingly convinced the courts that the issues presented went beyond the judicial responsibility. These factors, stated baldly, would appear to be the lack of requisite information and the difficulty of obtaining it,693 the necessity for uniformity of decision and deference to the wider responsibilities of the political departments,694 and the lack of adequate standards to resolve a dispute.695 But present in all the political cases was (and is) the most important factor: a “prudential” attitude about the exercise of judicial review, which emphasizes that courts should be wary of deciding on the merits any issue in which claims of principle as to the issue and of expediency as to the power and prestige of courts are in sharp conflict. The political question doctrine was (and is) thus a way of avoiding a principled decision damaging to the Court or an expedient decision damaging to the principle.696
Baker v. Carr.
In Baker v. Carr,697 the Court undertook a major reformulation and rationalization of the political question doctrine, which has considerably narrowed its application. Following Baker, the whole of the apportionment-districting-election restriction controversy previously immune to federal-court adjudication was considered and decided on the merits,698 and the Court’s subsequent rejection of the doctrine in other cases disclosed narrowing in other areas as well.699
According to Justice Brennan, who delivered the opinion of the Court, “it is the relationship between the judiciary and the coordinate branches of the Federal Government, and not the federal judiciary’s relationship to the States, which gives rise to the ‘political question.’ ”700 Thus, the “nonjusticiability of a political question is primarily a function of the separation of powers.”701 “Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution.”702 Following a discussion of several areas in which the doctrine had been used, Justice Brennan continued: “It is apparent that several formulations which vary slightly according to the settings in which the questions arise may describe a political question, although each has one or more elements which identify it as essentially a function of the separation of powers.”
The Justice went on to list a variety of factors to be considered, noting that “[p]rominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question.”703
Powell v. McCormack.
Because Baker had apparently restricted the political question doctrine to intrafederal issues, there was no discussion of the doctrine when the Court held that it had power to review and overturn a state legislature’s refusal to seat a member-elect because of his expressed views.704 But in Powell v. McCormack,705 the Court was confronted with a challenge to the exclusion of a member-elect by the United States House of Representatives. Its determination that the political question doctrine did not bar its review of the challenge indicates the narrowness of application of the doctrine in its present state. Taking Justice Brennan’s formulation in Baker of the factors that go to make up a political question,706 Chief Justice Warren determined that the only critical one in this case was whether there was a “textually demonstrable constitutional commitment” to the House to determine in its sole discretion the qualifications of members.707
In order to determine whether there was a textual commitment, the Court reviewed the Constitution, the Convention proceedings, and English and United States legislative practice to ascertain what power had been conferred on the House to judge the qualifications of its members; finding that the Constitution vested the House with power only to look at the qualifications of age, residency, and citizenship, the Court thus decided that in passing on Powell’s conduct and character the House had exceeded the powers committed to it and thus judicial review was not barred by this factor of the political question doctrine.708 Although this approach accords with the “classicist” theory of judicial review,709 it circumscribes the political question doctrine severely, inasmuch as all constitutional questions turn on whether a governmental body has exceeded its specified powers, a determination the Court traditionally makes, whereas traditionally the doctrine precluded the Court from inquiring whether the governmental body had exceeded its powers. In short, the political question consideration may now be one on the merits rather than a decision not to decide.
Chief Justice Warren disposed of the other factors present in political question cases in slightly more than a page. Because resolution of the question turned on an interpretation of the Constitution, a judicial function which must sometimes be exercised “at variance with the construction given the document by another branch,” there was no lack of respect shown another branch. Nor, because the Court is the “ultimate interpreter of the Constitution,” will there be “multifarious pronouncements by various departments on one question,” nor, since the Court is merely interpreting the Constitution, is there an “initial policy determination” not suitable for courts. Finally, “judicially . . . manageable standards” are present in the text of the Constitution.710 The effect of Powell was to discard all the Baker factors inhering in a political question, with the exception of the textual commitment factor, and that was interpreted in such a manner as seldom if ever to preclude a judicial decision on the merits.
The Doctrine Reappears.
Despite the apparent narrowing of the doctrine in Baker and Powell, the Court has not abandoned it. Reversing a lower federal court ruling subjecting the training and discipline of National Guard troops to court review and supervision, the Court held that under Article I, § 8, cl. 16, the organizing, arming, and disciplining of such troops are committed to Congress and by congressional enactment to the Executive Branch. “It would be difficult to think of a clearer example of the type of governmental action that was intended by the Constitution to be left to the political branches, directly responsible—as the Judicial Branch is not—to the elective process. Moreover, it is difficult to conceive of an area of governmental activity in which the courts have less competence. The complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments, subject always to civilian control of the Legislative and Executive Branches.”711
The suggestion of the infirmity of the political question doctrine was rejected, since “because this doctrine has been held inapplicable to certain carefully delineated situations, it is no reason for federal courts to assume its demise.”712 In staying a grant of remedial relief in another case, the Court strongly suggested that the actions of political parties in national nominating conventions may also present issues not meet for judicial resolution.713 A challenge to the Senate’s interpretation of and exercise of its impeachment powers was held to be nonjusticiable; there was a textually demonstrable commitment of the issue to the Senate, and there was a lack of judicially discoverable and manageable standards for resolving the issue.714
Despite the occasional resort to the doctrine, the Court continues to reject its application in language that confines its scope. Thus, when parties challenged the actions of the Secretary of Commerce in declining to certify, as required by statute, that Japanese whaling practices undermined the effectiveness of international conventions, the Court rejected the Government’s argument that the political question doctrine precluded decision on the merits. The Court’s prime responsibility, it said, is to interpret statutes, treaties, and executive agreements; the interplay of the statutes and the agreements in this case implicated the foreign relations of the Nation. “But under the Constitution, one of the Judiciary’s characteristic roles is to interpret statutes, and we cannot shirk this responsibility merely because our decision may have significant political overtones.”715
After requesting argument on the issue, the Court held that a challenge to a statute on the ground that it did not originate in the House of Representatives as required by the Origination Clause was justiciable.716 Turning back reliance on the various factors set out in Baker, in much the same tone as in Powell v. McCormack, the Court continued to evidence the view that only questions textually committed to another branch are political questions. Invalidation of a statute because it did not originate in the right House would not demonstrate a “lack of respect” for the House that passed the bill. “[D]isrespect,” in the sense of rejecting Congress’s reading of the Constitution, “cannot be sufficient to create a political question. If it were every judicial resolution of a constitutional challenge to a congressional enactment would be impermissible.”717 That the House of Representatives has the power and incentives to protect its prerogatives by not passing a bill violating the Origination Clause did not make this case nonjusticiable. “[T]he fact that one institution of Government has mechanisms available to guard against incursions into its power by other governmental institutions does not require that the Judiciary remove itself from the controversy by labeling the issue a political question.”718
The Court also rejected the contention that, because the case did not involve a matter of individual rights, it ought not be adjudicated. Political questions are not restricted to one kind of claim, but the Court frequently has decided separation-of-power cases brought by people in their individual capacities. Moreover, the allocation of powers within a branch, just as the separation of powers among branches, is designed to safeguard liberty.719 Finally, the Court was sanguine that it could develop “judicially manageable standards” for disposing of Origination Clause cases, and, thus, it did not view the issue as political in that context.720
In Zivotosky v. Clinton,721 the Court declined to find a political question where a citizen born in Jerusalem sought, pursuant to federal statute, to have “Israel” listed on his passport as his place of birth, the Executive Branch having declined to recognize Israeli sovereignly over that city. Justice Roberts, for the Court, failed to even acknowledge the numerous factors set forth in Justice Brennan’s Baker opinion save two—whether there is a textually demonstrable commitment of the issue to another department or a lack of judicially discoverable and manageable standards for resolving it.722 The Court noted that while the decision as whether or not to recognized Jerusalem as the capital of Israel might be exclusively the province of the Executive Branch, there is “no exclusive commitment to the Executive of the power to determine the constitutionality of a statute,”723 such as whether Congress is encroaching on Presidential powers. Similarly, this latter question, while perhaps a difficult one, is amenable to the type of separation of powers “standards” used by the Court in other separation of powers cases.
In short, the political question doctrine may not be moribund, but it does seem applicable to a very narrow class of cases. Significantly, the Court made no mention of the doctrine when it resolved issues arising from Florida’s recount of votes in the closely contested 2000 presidential election,724 despite the fact that the Constitution vests in Congress the authority to count electoral votes, and further provides for selection of the President by the House of Representatives if no candidate receives a majority of electoral votes.725
The Establishment of Judicial Review
Judicial review is one of the distinctive features of United States constitutional law. It is no small wonder, then, to find that the power of the federal courts to test federal and state legislative enactments and other actions by the standards of what the Constitution grants and withholds is nowhere expressly conveyed. But it is hardly noteworthy that its legitimacy has been challenged from the first, and, while now accepted generally, it still has detractors and its supporters disagree about its doctrinal basis and its application.726 Although it was first asserted in Marbury v. Madison727 to strike down an act of Congress as inconsistent with the Constitution, judicial review did not spring full-blown from the brain of Chief Justice Marshall. The concept had been long known, having been utilized in a much more limited form by Privy Council review of colonial legislation and its validity under the colonial charters,728 and there were several instances known to the Framers of state court invalidation of state legislation as inconsistent with state constitutions.729
Practically all of the framers who expressed an opinion on the issue in the Convention appear to have assumed and welcomed the existence of court review of the constitutionality of legislation,730 and prior to Marbury the power seems very generally to have been assumed to exist by the Justices themselves.731 In enacting the Judiciary Act of 1789, Congress explicitly provided for the exercise of the power,732 and in other debates questions of constitutionality and of judicial review were prominent.733 Nonetheless, although judicial review is consistent with several provisions of the Constitution and the argument for its existence may be derived from them, these provisions do not compel the conclusion that the Framers intended judicial review nor that it must exist. It was Chief Justice Marshall’s achievement that, in doubtful circumstances and an awkward position, he carried the day for the device, which, though questioned, has expanded and become solidified at the core of constitutional jurisprudence.
Marbury v. Madison.
Chief Justice Marshall’s argument for judicial review of congressional acts in Marbury v. Madison734 had been largely anticipated by Hamilton.735 Hamilton had written, for example: “The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.”736
At the time of the change of administration from Adams to Jefferson, several commissions of appointment to office had been signed but not delivered and were withheld on Jefferson’s express instruction. Marbury sought to compel the delivery of his commission by seeking a writ of mandamus in the Supreme Court in the exercise of its original jurisdiction against Secretary of State Madison. Jurisdiction was based on § 13 of the Judiciary Act of 1789,737 which Marbury, and ultimately the Supreme Court, interpreted to authorize the Court to issue writs of mandamus in suits in its original jurisdiction.738 Though deciding all the other issues in Marbury’s favor, the Chief Justice wound up concluding that the § 13 authorization was an attempt by Congress to expand the Court’s original jurisdiction beyond the constitutional prescription and was therefore void.739
“The question, whether an act, repugnant to the constitution, can become the law of the land, is a question deeply interesting to the United States,” Marshall began his discussion of this final phase of the case, “but, happily, not of an intricacy proportioned to its interest.”740 First, Marshall recognized certain fundamental principles. The people had come together to establish a government. They provided for its organization and assigned to its various departments their powers and established certain limits not to be transgressed by those departments. The limits were expressed in a written constitution, which would serve no purpose “if these limits may, at any time, be passed by those intended to be restrained.” Because the Constitution is “a superior paramount law, unchangeable by ordinary means, . . . a legislative act contrary to the constitution is not law.”741 “If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect?” The answer, thought the Chief Justice, was obvious. “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”742
“So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.”743
“If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.”744 To declare otherwise, Chief Justice Marshall said, would be to permit the legislature to “pass[ ] at pleasure” the limits imposed on its powers by the Constitution.745
The Chief Justice then turned from the philosophical justification for judicial review as arising from the very concept of a written constitution, to specific clauses of the Constitution. The judicial power, he observed, was extended to “all cases arising under the constitution.”746 It was “too extravagant to be maintained that the Framers had intended that a case arising under the constitution should be decided without examining the instrument under which it arises.”747 Suppose, he said, that Congress laid a duty on an article exported from a state or passed a bill of attainder or an ex post facto law or provided that treason should be proved by the testimony of one witness. Would the courts enforce such a law in the face of an express constitutional provision? They would not, he continued, because their oath required by the Constitution obligated them to support the Constitution and to enforce such laws would violate the oath.748 Finally, the Chief Justice noted that the Supremacy Clause (Art. VI, cl. 2) gave the Constitution precedence over laws and treaties, providing that only laws “which shall be made in pursuance of the constitution” shall be the supreme law of the land.749
The decision in Marbury v. Madison has never been disturbed, although it has been criticized and has had opponents throughout our history. It not only carried the day in the federal courts, but from its announcement judicial review by state courts of local legislation under local constitutions made rapid progress and was securely established in all states by 1850.750
Judicial Review and National Supremacy.
Even many per- sons who have criticized the concept of judicial review of congressional acts by the federal courts have thought that review of state acts under federal constitutional standards is soundly based in the Supremacy Clause, which makes the Constitution, laws enacted pursuant to the Constitution, and treaties the supreme law of the land,751 and which Congress effectuated by enacting § 25 of the Judiciary Act of 1789.752 Five years before Marbury v. Madison, the Court held invalid a state law as conflicting with the terms of a treaty,753 and seven years after Chief Justice Marshall’s opinion it voided a state law as conflicting with the Constitution.754
Virginia provided a states’ rights challenge to a broad reading of the Supremacy Clause and to the validity of § 25 in Martin v. Hunter’s Lessee755 and in Cohens v. Virginia.756 In both cases, it was argued that while the courts of Virginia were constitutionally obliged to prefer “the supreme law of the land,” as set out in the Supremacy Clause, over conflicting state constitutional provisions and laws, it was only by their own interpretation of the supreme law that they as courts of a sovereign state were bound. Furthermore, it was contended that cases did not “arise” under the Constitution unless they were brought in the first instance by someone claiming such a right, from which it followed that “the judicial power of the United States” did not “extend” to such cases unless they were brought in the first instance in the courts of the United States. But Chief Justice Marshall rejected this narrow interpretation: “A case in law or equity consists of the right of the one party, as well as of the other, and may truly be said to arise under the Constitution or a law of the United States, whenever its correct decision depends upon the construction of either.”757 Passing on to the power of the Supreme Court to review such decisions of the state courts, he said: “Let the nature and objects of our Union be considered: let the great fundamental principles on which the fabric stands, be examined: and we think, the result must be, that there is nothing so extravagantly absurd, in giving to the Court of the nation the power of revising the decisions of local tribunals, on questions which affect the nation, as to require that words which import this power should be restricted by a forced construction.”758
Limitations on the Exercise of Judicial Review
Constitutional Interpretation.
Under a written constitu- tion, which is law and is binding on government, the practice of judicial review raises questions of the relationship between constitutional interpretation and the Constitution—the law that is construed. The legitimacy of construction by an unelected entity in a republican or democratic system becomes an issue whenever the construction is controversial, as it frequently is. Full consideration would carry us far afield, in view of the immense corpus of writing with respect to the proper mode of interpretation during this period.
Scholarly writing has identified six forms of constitutional argument or construction that may be used by courts or others in deciding a constitutional issue.759 These are (1) historical, (2) textual, (3) structural, (4) doctrinal, (5) ethical, and (6) prudential. The historical argument is largely, though not exclusively, associated with the theory of original intent or original understanding, under which constitutional and legal interpretation is limited to attempting to discern the original meaning of the words being construed as that meaning is revealed in the intentions of those who created the law or the constitutional provision in question. The textual argument, closely associated in many ways to the doctrine of original intent, concerns whether the judiciary or another is bound by the text of the Constitution and the intentions revealed by that language, or whether it may go beyond the four corners of the constitutional document to ascertain the meaning, a dispute encumbered by the awkward constructions, interpretivism and noninterpretivism.760 Using a structural argument, one seeks to infer structural rules from the relationships that the Constitution mandates.761 The remaining three modes are not necessarily tied to original intent, text, or structure, though they may have some relationship. Doctrinal arguments proceed from the application of precedents. Prudential arguments seek to balance the costs and benefits of a particular rule. Ethical arguments derive rules from those moral commitments of the American ethos that are reflected in the Constitution.
Although the scholarly writing ranges widely, a much more narrow scope is seen in the actual political-judicial debate. Rare is the judge who will proclaim a devotion to ethical guidelines, such, for example, as natural-law precepts. The usual debate ranges from those adherents of strict construction and original intent to those with loose construction and adaptation of text to modern-day conditions.762 However, it is with regard to more general rules of prudence and self-restraint that one usually finds the enunciation and application of limitations on the exercise of constitutional judicial review.
Prudential Considerations.
Implicit in the argument of Marbury v. Madison763 is the thought that the Court is obligated to take and decide cases meeting jurisdictional standards. Chief Justice Marshall spelled this out in Cohens v. Virginia:764 “It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution.” As the comment recognizes, because judicial review grows out of the fiction that courts only declare what the law is in specific cases765 and are without will or discretion,766 its exercise is surrounded by the inherent limitations of the judicial process, most basically, of course, by the necessity of a case or controversy and the strands of the doctrine comprising the concept of justiciability.767 But, although there are hints of Chief Justice Marshall’s activism in some modern cases,768 the Court has always adhered, at times more strictly than at other times, to several discretionary rules or concepts of restraint in the exercise of judicial review, the practice of which is very much contrary to the quoted dicta from Cohens. These rules, it should be noted, are in addition to the vast discretionary power which the Supreme Court has to grant or deny review of judgements in lower courts, a discretion fully authorized with certiorari jurisdiction but in effect in practice as well with regard to what remains of appeals.769
At various times, the Court has followed more strictly than other times the prudential theorems for avoidance of decisionmaking when it deemed restraint to be more desirable than activism.770
The Doctrine of “Strict Necessity”.
The Court has repeat- edly declared that it will decide constitutional issues only if strict necessity compels it to do so. Thus, constitutional questions will not be decided in broader terms than are required by the precise state of facts to which the ruling is to be applied, nor if the record presents some other ground upon which to decide the case, nor at the instance of one who has availed himself of the benefit of a statute or who fails to show he is injured by its operation, nor if a construction of the statute is fairly possible by which the question may be fairly avoided.771
Speaking of the policy of avoiding the decision of constitutional issues except when necessary, Justice Rutledge wrote: “The policy’s ultimate foundations, some if not all of which also sustain the jurisdictional limitation, lie in all that goes to make up the unique place and character, in our scheme, of judicial review of governmental action for constitutionality. They are found in the delicacy of that function, particularly in view of possible consequences for others stemming also from constitutional roots; the comparative finality of those consequences; the consideration due to the judgment of other repositories of constitutional power concerning the scope of their authority; the necessity, if government is to function constitutionally, for each to keep within its power, including the courts; the inherent limitations of the judicial process, arising especially from its largely negative character and limited resources of enforcement; withal in the paramount importance of constitutional adjudication in our system.”772
The Doctrine of Clear Mistake.
A precautionary rule early formulated and at the base of the traditional concept of judicial restraint was expressed by Professor James Bradley Thayer to the effect that a statute could be voided as unconstitutional only “when those who have the right to make laws have not merely made a mistake, but have made a very clear one,—so clear that it is not open to rational question.”773 Whether phrased this way or phrased so that a statute is not to be voided unless it is unconstitutional beyond all reasonable doubt, the rule is of ancient origin774 and of modern adherence.775 In operation, however, the rule is subject to two influences, which seriously impair its efficacy as a limitation. First, the conclusion that there has been a clear mistake or that there is no reasonable doubt is that drawn by five Justices if a full Court sits. If five Justices of learning and detachment to the Constitution are convinced that a statute is invalid and if four others of equal learning and attachment are convinced it is valid, the convictions of the five prevail over the convictions or doubts of the four. Second, the Court has at times made exceptions to the rule in certain categories of cases. Statutory interferences with “liberty of contract” were once presumed to be unconstitutional until proved to be valid;776 more recently, presumptions of invalidity have expressly or impliedly been applied against statutes alleged to interfere with freedom of expression and of religious freedom, which have been said to occupy a “preferred position” in the constitutional scheme of things.777
Exclusion of Extra-Constitutional Tests.
Another maxim of constitutional interpretation is that courts are concerned only with the constitutionality of legislation and not with its motives, policy, or wisdom,778 or with its concurrence with natural justice, fundamental principles of government, or the spirit of the Constitution.779 In various forms this maxim has been repeated to such an extent that it has become trite, and has increasingly come to be incorporated in cases in which a finding of unconstitutionality has been made as a reassurance of the Court’s limited review. And it should be noted that at times the Court has absorbed natural rights doctrines into the text of the Constitution, so that it was able to reject natural law per se and still partake of its fruits and the same thing is true of the laissez faire principles incorporated in judicial decisions from about 1890 to 1937.780
Presumption of Constitutionality.
“It is but a decent re- spect to the wisdom, integrity, and patriotism of the legislative body, by which any law is passed,” wrote Justice Bushrod Washington, “to presume in favor of its validity, until its violation of the Constitution is proved beyond a reasonable doubt.”781 A corollary of this maxim is that if the constitutional question turns upon circumstances, courts will presume the existence of a state of facts which would justify the legislation that is challenged.782 It seems apparent, however, that with regard to laws which trench upon First Amendment freedoms and perhaps other rights guaranteed by the Bill of Rights such deference is far less than it would be toward statutory regulation of economic matters.783
Disallowance by Statutory Interpretation.
If it is possible to construe a statute so that its validity can be sustained against a constitutional attack, a rule of prudence is that it should be so construed,784 even though in some instances this “constitutional doubt” maxim has caused the Court to read a statute in a manner that defeats or impairs the legislative purpose.785 Of course, the Court stresses that “[w]e cannot press statutory construction ‘to the point of disingenuous evasion’ even to avoid a constitutional question.”786 The maxim is not followed if the provision would survive constitutional attack or if the text is clear.787 Closely related to this principle is the maxim that, when part of a statute is valid and part is void, the courts will separate the valid from the invalid and save as much as possible.788 Statutes today ordinarily expressly provide for separability, but it remains for the courts in the last resort to determine whether the provisions are separable.789
Stare Decisis in Constitutional Law.
Adherence to prec- edent ordinarily limits and shapes the approach of courts to decision of a presented question. “Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right . . . . This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation. But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions. The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.”790 Stare decisis is a principle of policy, not a mechanical formula of adherence to the latest decision “however recent and questionable, when such adherence involves collision with a prior doctrine more embracing in its scope, intrinsically sounder, and verified by experience.”791 The limitation of stare decisis seems to have been progressively weakened since the Court proceeded to correct “a century of error” in Pollock v. Farmers’ Loan & Trust Co.792 Since then, more than 200 decisions have been overturned,793 and the merits of stare decisis seem more often celebrated in dissents than in majority opinions.794 Of lesser formal effect than outright overruling but with roughly the same result is a Court practice of “distinguishing” precedents, which often leads to an overturning of the principle enunciated in a case while leaving the actual case more or less alive.795
The common denominator of all these maxims of prudence is the concept of judicial restraint. “We do not sit,” said Justice Frankfurter, “like a kadi under a tree dispensing justice according to considerations of individual expediency.”796 “[A] jurist is not to innovate at pleasure,” wrote Justice Cardozo. “He is not a knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to the primordial necessity of order in the social life.”797 All Justices will, of course, claim adherence to proper restraint,798 but in some cases at least, such as Justice Frankfurter’s dissent in the Flag Salute Case,799 the practice can be readily observed. The degree of restraint, however, the degree to which legislative enactments should be subjected to judicial scrutiny, is a matter of uncertain and shifting opinion
JURISDICTION OF SUPREME COURT AND INFERIOR FEDERAL COURTS
Cases Arising Under the Constitution, Laws, and Treaties of the United States
Cases arising under the Constitution are cases that require an interpretation of the Constitution for their correct decision.800 They arise when a litigant claims an actual or threatened invasion of his constitutional rights by the enforcement of some act of public authority, usually an act of Congress or of a state legislature, and asks for judicial relief. The clause furnishes the principal textual basis for the implied power of judicial review of the constitutionality of legislation and other official acts.
Development of Federal Question Jurisdiction.
Almost from the beginning, the Convention demonstrated an intent to create “federal question” jurisdiction in the federal courts with regard to federal laws;801 such cases involving the Constitution and treaties were added fairly late in the Convention as floor amendments.802 But when Congress enacted the Judiciary Act of 1789, it did not confer general federal question jurisdiction on the inferior federal courts, but left litigants to remedies in state courts with appeals to the United States Supreme Court if judgment went against federal constitutional claims.803 Although there were a few jurisdictional provisions enacted in the early years,804 it was not until the period following the Civil War that Congress, in order to protect newly created federal civil rights and in the flush of nationalist sentiment, first created federal jurisdiction in civil rights cases,805 and then in 1875 conferred general federal question jurisdiction on the lower federal courts.806 Since that time, the trend generally has been toward conferral of ever-increasing grants of jurisdiction to enforce the guarantees recognized and enacted by Congress.807
When a Case Arises Under.
The 1875 statute and its pres- ent form both speak of civil suits “arising under the Constitution, laws, or treaties of the United States,”808 the language of the Constitution. Thus, many of the early cases relied heavily upon Chief Justice Marshall’s construction of the constitutional language to interpret the statutory language.809 The result was probably to accept more jurisdiction than Congress had intended to convey.810 Later cases take a somewhat more restrictive course.811
Determination whether there is federal question jurisdiction is made on the basis of the plaintiff ’s pleadings and not upon the response or the facts as they may develop.812 Plaintiffs seeking access to federal courts on this ground must set out a federal claim which is “well-pleaded” and the claim must be real and substantial and may not be without color of merit.813 Plaintiffs may not anticipate that defendants will raise a federal question in answer to the action.814 But what exactly must be pleaded to establish a federal question is a matter of considerable uncertainty in many cases. It is no longer the rule that, when federal law is an ingredient of the claim, there is a federal question.815
Many suits will present federal questions because a federal law creates the action.816 Perhaps Justice Cardozo presented the most understandable line of definition, while cautioning that “[t]o define broadly and in the abstract ‘a case arising under the Constitution or laws of the United States’ has hazards [approaching futility].”817 How and when a case arises ‘under the Constitution or laws of the United States’ has been much considered in the books. Some tests are well established. To bring a case within the statute, a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff ’s cause of action. . . . The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another. . . . A genuine and present controversy, not merely a possible or conjectural one, must exist with reference thereto. . . .818
It was long evident, though the courts were not very specific about it, that the federal question jurisdictional statute is and always was narrower than the constitutional “arising under” jurisdictional standard.819 Chief Justice Marshall in Osborn was interpreting the Article III language to its utmost extent, but the courts sometimes construed the statute equivalently, with doubtful results.820
Removal From State Court to Federal Court.
A limited right to “remove” certain cases from state courts to federal courts was granted to defendants in the Judiciary Act of 1789,821 and from then to 1872 Congress enacted several specific removal statutes, most of them prompted by instances of state resistance to the enforcement of federal laws through harassment of federal officers.822 The 1875 Act conferring general federal question jurisdiction on the federal courts provided for removal of such cases by either party, subject only to the jurisdictional amount limitation.823 The present statute provides for the removal by a defendant of any civil action which could have been brought originally in a federal district court, with no diversity of citizenship required in “federal question” cases.824 A special civil rights removal statute permits removal of any civil or criminal action by a defendant who is denied or cannot enforce in the state court a right under any law providing for equal civil rights of persons or who is being proceeded against for any act under color of authority derived from any law providing for equal rights.825
The constitutionality of removal statutes was challenged and readily sustained. Justice Story analogized removal to a form of exercise of appellate jurisdiction,826 and a later Court saw it as an indirect mode of exercising original jurisdiction and upheld its constitutionality.827 In Tennessee v. Davis,828 which involved a state attempt to prosecute a federal internal revenue agent who had killed a man while seeking to seize an illicit distilling apparatus, the Court invoked the right of the national government to defend itself against state harassment and restraint. The power to provide for removal was discerned in the Necessary and Proper Clause authorization to Congress to pass laws to carry into execution the powers vested in any other department or officer, here the judiciary.829 The judicial power of the United States, said the Court, embraces alike civil and criminal cases arising under the Constitution and laws and the power asserted in civil cases may be asserted in criminal cases. A case arising under the Constitution and laws “is not merely one where a party comes into court to demand something conferred upon him by the Constitution or by a law or treaty. A case consists of the right of one party as well as the other, and may truly be said to arise under the Constitution or a law or a treaty of the United States whenever its correct decision depends upon the construction of either. Cases arising under the laws of the United States are such as grow out of the legislation of Congress, whether they constitute the right or privilege, or claim or protection, or defense of the party, in whole or in part, by whom they are asserted. . . .”
“The constitutional right of Congress to authorize the removal before trial of civil cases arising under the laws of the United States has long since passed beyond doubt. It was exercised almost contemporaneously with the adoption of the Constitution, and the power has been in constant use ever since. The Judiciary Act of September 24, 1789, was passed by the first Congress, many members of which had assisted in framing the Constitution; and though some doubts were soon after suggested whether cases could be removed from state courts before trial, those doubts soon disappeared.”830 The Court has broadly construed the modern version of the removal statute at issue in this case so that it covers all cases where federal officers can raise a colorable defense arising out of their duty to enforce federal law.831 Other removal statutes, notably the civil rights removal statute, have not been so broadly interpreted.832
Corporations Chartered by Congress.
In Osborn v. Bank of the United States,833 Chief Justice Marshall seized upon the authorization for the Bank to sue and be sued as a grant by Congress to the federal courts of jurisdiction in all cases to which the bank was a party.834 Consequently, upon enactment of the 1875 law, the door was open to other federally chartered corporations to seek relief in federal courts. This opportunity was made actual when the Court in the Pacific R.R. Removal Cases835 held that tort actions against railroads with federal charters could be removed to federal courts solely on the basis of federal incorporation. In a series of acts, Congress deprived national banks of the right to sue in federal court solely on the basis of federal incorporation in 1882,836 deprived railroads holding federal charters of this right in 1915,837 and finally in 1925 removed from federal jurisdiction all suits brought by federally chartered corporations on the sole basis of such incorporation, except where the United States holds at least half of the stock.838
Federal Questions Resulting from Special Jurisdictional Grants.
In the Labor-Management Relations Act of 1947, Con- gress authorized federal courts to entertain suits for violation of collective bargaining agreements without respect to the amount in controversy or the citizenship of the parties.839 Although it is likely that Congress meant no more than that labor unions could be suable in law or equity, in distinction from the usual rule, the Court construed the grant of jurisdiction to be more than procedural and to empower federal courts to apply substantive federal law, divined and fashioned from the policy of national labor laws, in such suits.840 State courts are not disabled from hearing actions brought under the section,841 but they must apply federal law.842 Developments under this section illustrate the substantive importance of many jurisdictional grants and indicate how the workload of the federal courts may be increased by unexpected interpretations of such grants.843
Civil Rights Act Jurisdiction.
Perhaps the most important of the special federal question jurisdictional statutes is that conferring jurisdiction on federal district courts to hear suits challenging the deprivation under color of state law or custom of any right, privilege, or immunity secured by the Constitution or by any act of Congress providing for equal rights.844 Because it contains no jurisdictional amount provision845 (while the general federal question statute at one time did)846 and because the Court has held inapplicable the judicially created requirement that a litigant exhaust his state remedies before bringing federal action,847 the statute has been heavily used, resulting in a formidable caseload, by plaintiffs attacking racial discrimination, malapportionment and suffrage restrictions, illegal and unconstitutional police practices, state restrictions on access to welfare and other public assistance, and a variety of other state and local governmental practices.848 Congress has encouraged use of the two statutes by providing for attorneys’ fees under § 1983,849 and by enacting related and specialized complementary statutes.850 The Court in recent years has generally interpreted § 1983 and its jurisdictional statute broadly, but it has also sought to restrict the kinds of claims that may be brought in federal courts.851 Note that § 1983 and § 1343(3) need not always go together, as § 1983 actions may be brought in state courts.852
Pendent Jurisdiction.
Once jurisdiction has been acquired through allegation of a federal question not plainly wanting in substance,853 a federal court may decide any issue necessary to the disposition of a case, notwithstanding that other non-federal questions of fact and law may be involved therein.854 “Pendent jurisdiction,” as this form is commonly called, exists whenever the state and federal claims “derive from a common nucleus of operative fact” and are such that a plaintiff “would ordinarily be expected to try them all in one judicial proceeding.”855 Ordinarily, it is a rule of prudence that federal courts should not pass on federal constitutional claims if they may avoid it and should rest their conclusions upon principles of state law where possible.856 But the federal court has discretion whether to hear the pendent state claims in the proper case. Thus, the trial court should look to “considerations of judicial economy, convenience and fairness to litigants” in exercising its discretion and should avoid needless decisions of state law. If the federal claim, though substantial enough to confer jurisdiction, was dismissed before trial, or if the state claim substantially predominated, the court would be justified in dismissing the state claim.857
A variant of pendent jurisdiction, sometimes called “ancillary jurisdiction,” is the doctrine allowing federal courts to acquire jurisdiction entirely of a case presenting two federal issues, although it might properly not have had jurisdiction of one of the issues if it had been independently presented.858 Thus, in an action under a federal statute, a compulsory counterclaim not involving a federal question is properly before the court and should be decided.859 The concept has been applied to a claim otherwise cognizable only in admiralty when joined with a related claim on the law side of the federal court, and in this way to give an injured seaman a right to jury trial on all of his claims when ordinarily the claim cognizable only in admiralty would be tried without a jury.860 And a colorable constitutional claim has been held to support jurisdiction over a federal statutory claim arguably not within federal jurisdiction.861
Still another variant is the doctrine of “pendent parties,” under which a federal court could take jurisdiction of a state claim against one party if it were related closely enough to a federal claim against another party, even though there was no independent jurisdictional base for the state claim.862 Although the Supreme Court at first tentatively found some merit in the idea,863 in Finley v. United States,864 by a 5-to-4 vote the Court firmly disapproved of the pendent party concept and cast considerable doubt on the other prongs of pendent jurisdiction as well. Pendent party jurisdiction, Justice Scalia wrote for the Court, was within the constitutional grant of judicial power, but to be operable it must be affirmatively granted by congressional enactment.865 Within the year, Congress supplied the affirmative grant, adopting not only pendent party jurisdiction but also codifying pendent jurisdiction and ancillary jurisdiction under the name of “supplemental jurisdiction.”866
Thus, these interrelated doctrinal standards now seem well-grounded.
Protective Jurisdiction.
A conceptually difficult doctrine, which approaches the verge of a serious constitutional gap, is the concept of protective jurisdiction. Under this doctrine, it is argued that in instances in which Congress has legislative jurisdiction, it can confer federal jurisdiction, with the jurisdictional statute itself being the “law of the United States” within the meaning of Article III, even though Congress has enacted no substantive rule of decision and state law is to be applied. Put forward in controversial cases,867 the doctrine has neither been rejected nor accepted by the Supreme Court. In Verlinden B. V. v. Central Bank of Nigeria,868 the Court reviewed a congressional grant of jurisdiction to federal courts to hear suits by an alien against a foreign state, jurisdiction not within the “arising under” provision of article III. Federal substantive law was not applicable, that resting either on state or international law. Refusing to consider protective jurisdiction, the Court found that the statute regulated foreign commerce by promulgating rules governing sovereign immunity from suit and was a law requiring interpretation as a federal-question matter. That the doctrine does raise constitutional doubts is perhaps grounds enough to avoid reaching it.869
Supreme Court Review of State Court Decisions.
In addi- tion to the constitutional issues presented by § 25 of the Judiciary Act of 1789 and subsequent enactments,870 questions have continued to arise concerning review of state court judgments which go directly to the nature and extent of the Supreme Court’s appellate jurisdiction. Because of the sensitivity of federal-state relations and the delicate nature of the matters presented in litigation touching upon them, jurisdiction to review decisions of a state court is dependent in its exercise not only upon ascertainment of the existence of a federal question but upon a showing of exhaustion of state remedies and of the finality of the state judgment. Because the application of these standards to concrete facts is neither mechanical nor nondiscretionary, the Justices have often been divided over whether these requisites to the exercise of jurisdiction have been met in specific cases submitted for review by the Court.
The Court is empowered to review the judgments of “the highest court of a State in which a decision could be had.”871 This will ordinarily be the state’s court of last resort, but it could well be an intermediate appellate court or even a trial court if its judgment is final under state law and cannot be reviewed by any state appellate court.872 The review is of a final judgment below. “It must be subject to no further review or correction in any other state tribunal; it must also be final as an effective determination of the litigation and not of merely interlocutory or intermediate steps therein. It must be the final word of a final court.”T873 The object of this rule is to avoid piecemeal interference with state court proceedings; it promotes harmony by preventing federal assumption of a role in a controversy until the state court efforts are finally resolved.874 For similar reasons, the Court requires that a party seeking to litigate a federal constitutional issue on appeal of a state court judgment must have raised that issue with sufficient precision to have enabled the state court to have considered it and she must have raised the issue at the appropriate time below.875
When the judgment of a state court rests on an adequate, independent determination of state law, the Court will not review the resolution of the federal questions decided, even though the resolution may be in error.876 “The reason is so obvious that it has rarely been thought to warrant statement. It is found in the partitioning of power between the state and Federal judicial systems and in the limitations of our own jurisdiction. Our only power over state judgments is to correct them to the extent that they incorrectly adjudge federal rights. And our power is to correct wrong judgments, not to revise opinions. We are not permitted to render an advisory opinion, and if the same judgment would be rendered by the state court after we corrected its views of Federal laws, our review could amount to nothing more than an advisory opinion.”877 The Court is faced with two interrelated decisions: whether the state court judgment is based upon a nonfederal ground and whether the nonfederal ground is adequate to support the state court judgment. It is, of course, the responsibility of the Court to determine for itself the answer to both questions.878
The first question, whether there is a nonfederal ground, may be raised by several factual situations. A state court may have based its decision on two grounds, one federal, one nonfederal.879 It may have based its decision solely on a nonfederal ground but the federal ground may have been clearly raised.880 Both federal and nonfederal grounds may have been raised but the state court judgment is ambiguous or is without written opinion stating the ground relied on.881 Or the state court may have decided the federal question although it could have based its ruling on an adequate, independent non-federal ground.882 In any event, it is essential for purposes of review by the Supreme Court that it appear from the record that a federal question was presented, that the disposition of that question was necessary to the determination of the case, that the federal question was actually decided or that the judgment could not have been rendered without deciding it.883
Several factors affect the answer to the second question, whether the nonfederal ground is adequate. In order to preclude Supreme Court review, the nonfederal ground must be broad enough, without reference to the federal question, to sustain the state court judgment;884 it must be independent of the federal question;885 and it must be tenable.886 Rejection of a litigant’s federal claim by the state court on state procedural grounds, such as failure to tender the issue at the appropriate time, will ordinarily preclude Supreme Court review as an adequate independent state ground,887 so long as the local procedure does not discriminate against the raising of federal claims and has not been used to stifle a federal claim or to evade vindication of federal rights.888
Suits Affecting Ambassadors, Other Public Ministers, and Consuls
The earliest interpretation of the grant of original jurisdiction to the Supreme Court came in the Judiciary Act of 1789, which conferred on the federal district courts jurisdiction of suits to which a consul might be a party. This legislative interpretation was sustained in 1793 in a circuit court case in which the judges held the Congress might vest concurrent jurisdiction involving consuls in the inferior courts and sustained an indictment against a consul.889 Many years later, the Supreme Court held that consuls could be sued in federal court,890 and in another case in the same year declared sweepingly that Congress could grant concurrent jurisdiction to the inferior courts in cases where Supreme Court has been invested with original jurisdiction.891 Nor does the grant of original jurisdiction to the Supreme Court in cases affecting ambassadors and consuls of itself preclude suits in state courts against consular officials. The leading case is Ohio ex rel. Popovici v. Agler,892 in which a Rumanian vice-consul contested an Ohio judgment against him for divorce and alimony.
A number of incidental questions arise in connection with the phrase “affecting ambassadors and consuls.” Does the ambassador or consul to be affected have to be a party in interest, or is a mere indirect interest in the outcome of the proceeding sufficient? In United States v. Ortega,893 the Court ruled that a prosecution of a person for violating international law and the laws of the United States by offering violence to the person of a foreign minister was not a suit “affecting” the minister but a public prosecution for vindication of the laws of nations and the United States. Another question concerns the official status of a person claiming to be an ambassador or consul.
The Court has refused to review the decision of the Executive with respect to the public character of a person claiming to be a public minister and has laid down the rule that it has the right to accept a certificate from the Department of State on such a question.894 A third question was whether the clause included ambassadors and consuls accredited by the United States to foreign governments. The Court held that it includes only persons accredited to the United States by foreign governments.895 However, in matters of especial delicacy, such as suits against ambassadors and public ministers or their servants, where the law of nations permits such suits, and in all controversies of a civil nature in which a state is a party, Congress until recently made the original jurisdiction of the Supreme Court exclusive of that of other courts.896 By its compliance with the congressional distribution of exclusive and concurrent original jurisdiction, the Court has tacitly sanctioned the power of Congress to make such jurisdiction exclusive or concurrent as it may choose.
Cases of Admiralty and Maritime Jurisdiction
The admiralty and maritime jurisdiction of the federal courts had its origins in the jurisdiction vested in the courts of the Admiral of the English Navy. Prior to independence, vice-admiralty courts were created in the Colonies by commissions from the English High Court of Admiralty. After independence, the states established admiralty courts, from which at a later date appeals could be taken to a court of appeals set up by Congress under the Articles of Confederation.897 Since one of the objectives of the Philadelphia Convention was the promotion of commerce through removal of obstacles occasioned by the diverse local rules of the states, it was only logical that it should contribute to the development of a uniform body of maritime law by establishing a system of federal courts and granting to these tribunals jurisdiction over admiralty and maritime cases.898
The Constitution uses the terms “admiralty and maritime jurisdiction” without defining them. Though closely related, the words are not synonyms. In England the word “maritime” referred to the cases arising upon the high seas, whereas “admiralty” meant primarily cases of a local nature involving police regulations of shipping, harbors, fishing, and the like. A long struggle between the admiralty and common law courts had, however, in the course of time resulted in a considerable curtailment of English admiralty jurisdiction. A much broader conception of admiralty and maritime jurisdiction existed in the United States at the time of the framing of the Constitution than in the Mother Country.899 At the very beginning of government under the Constitution, Congress conferred on the federal district courts exclusive original cognizance “of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it . . . .”900 This broad legislative interpretation of admiralty and maritime jurisdiction soon won the approval of the federal circuit courts, which ruled that the extent of admiralty and maritime jurisdiction was not to be determined by English law but by the principles of maritime law as respected by maritime courts of all nations and adopted by most, if not by all, of them on the continent of Europe.901
Although a number of Supreme Court decisions had earlier sustained the broader admiralty jurisdiction on specific issues,902 it was not until 1848 that the Court ruled squarely in its favor, which it did by declaring that “whatever may have been the doubt, originally, as to the true construction of the grant, whether it had reference to the jurisdiction in England, or to the more enlarged one that existed in other maritime countries, the question has become settled by legislative and judicial interpretation, which ought not now to be disturbed.”903 The Court thereupon proceeded to hold that admiralty had jurisdiction in personam as well as in rem over controversies arising out of contracts of affreightment between New York and Providence.
Power of Congress To Modify Maritime Law.
The Consti- tution does not identify the source of the substantive law to be applied in the federal courts in cases of admiralty and maritime jurisdiction. Nevertheless, the grant of power to the federal courts in Article III necessarily implies the existence of a substantive maritime law which, if they are required to do so, the federal courts can fashion for themselves.904 But what of the power of Congress in this area? In The Lottawanna,905 Justice Bradley undertook a definitive exposition of the subject. No doubt, the opinion of the Court notes, there exists “a great mass of maritime law which is the same in all commercial countries,” still “the maritime law is only so far operative as law in any country as it is adopted by the laws and usages of that country.”906 “The general system of maritime law which was familiar to the lawyers and statesmen of the country when the Constitution was adopted, was most certainly intended and referred to when it was declared in that instrument that the judicial power of the United States shall extend ‘to all cases of admiralty and maritime jurisdiction.’ But by what criterion are we to ascertain the precise limits of the law thus adopted? The Constitution does not define it . . . .”
“One thing, however, is unquestionable; the Constitution must have referred to a system of law coextensive with, and operating uniformly in, the whole country. It certainly could not have been the intention to place the rules and limits of maritime law under the disposal and regulation of the several States, as that would have defeated the uniformity and consistency at which the Constitution aimed on all subjects of a commercial character affecting the intercourse of the States with each other or with foreign states.”907
“It cannot be supposed that the framers of the Constitution contemplated that the law should forever remain unalterable. Congress undoubtedly has authority under the commercial power, if no other, to introduce such changes as are likely to be needed.”908 That Congress’s power to enact substantive maritime law was conferred by the Commerce Clause was assumed in numerous opinions,909 but later opinions by Justice Bradley firmly established that the source of power was the admiralty grant itself, as supplemented by the second prong of the Necessary and Proper Clause.910 Thus, “[a]s the Constitution extends the judicial power of the United States to ‘all cases of admiralty and maritime jurisdiction,’ and as this jurisdiction is held to be exclusive, the power of legislation on the same subject must necessarily be in the national legislature and not in the state legislatures.”911 Rejecting an attack on a maritime statute as an infringement of intrastate commerce, Justice Bradley wrote: “It is unnecessary to invoke the power given the Congress to regulate commerce in order to find authority to pass the law in question. The act was passed in amendment of the maritime law of the country, and the power to make such amendments is coextensive with that law. It is not confined to the boundaries or class of subjects which limit and characterize the power to regulate commerce; but, in maritime matters, it extends to all matters and places to which the maritime law extends.”912
The law administered by federal courts in admiralty is therefore an amalgam of the general maritime law insofar as it is acceptable to the courts, modifications of that law by congressional amendment, the common law of torts and contracts as modified to the extent constitutionally possible by state legislation, and international prize law. This body of law is at all times subject to modification by the paramount authority of Congress acting in pursuance of its powers under the Admiralty and Maritime Clause and the Necessary and Proper Clause and, no doubt, the Commerce Clause, now that the Court’s interpretation of that clause has become so expansive. Of this power there has been uniform agreement among the Justices of the Court.913
Admiralty and Maritime Cases.
Admiralty and maritime ju- risdiction comprises two types of cases: (1) those involving acts committed on the high seas or other navigable waters, and (2) those involving contracts and transactions connected with shipping employed on the seas or navigable waters. In the first category, which includes prize cases and torts, injuries, and crimes committed on the high seas, jurisdiction is determined by the locality of the act, while in the second category subject matter is the primary determinative factor.914 Specifically, contract cases include suits by seamen for wages,915 cases arising out of marine insurance policies,916 actions for towage917 or pilotage918 charges, actions on bottomry or respondentia bonds,919 actions for repairs on a vessel already used in navigation,920 contracts of affreightment,921 compensation for temporary wharfage,922 agreements of consortship between the masters of two vessels engaged in wrecking,923 and surveys of damaged vessels.924 That is, admiralty jurisdiction “extends to all contracts, claims and services essentially maritime.”925 But the courts have never enunciated an unambiguous test which would enable one to determine in advance whether or not a given case is maritime.926 “The boundaries of admiralty jurisdiction over contracts—as opposed to torts or crimes—being conceptual rather than spatial, have always been difficult to draw. Precedent and usage are helpful insofar as they exclude or include certain common types of contract. . . .”927
Maritime torts include injuries to persons,928 damages to property arising out of collisions or other negligent acts,929 and violent dispossession of property.930 The Court has expressed a willingness to “recogniz[e] products liability, including strict liability, as part of the general maritime law.”931 Unlike contract cases, maritime tort jurisdiction historically depended exclusively upon the commission of the wrongful act upon navigable waters, regardless of any connection or lack of connection with shipping or commerce.932 The Court has now held, however, that in addition to the requisite situs a significant relationship to traditional maritime activity must exist in order for the admiralty jurisdiction of the federal courts to be invoked.933 Both the Court and Congress have created exceptions to the situs test for maritime tort jurisdiction to extend landward the occasions for certain connected persons or events to come within admiralty, not without a little controversy.934
From the earliest days of the Republic, the federal courts sitting in admiralty have been held to have exclusive jurisdiction of prize cases.935 Also, in contrast to other phases of admiralty jurisdiction, prize law as applied by the British courts continued to provide the basis of American law so far as practicable,936 and so far as it was not modified by subsequent legislation, treaties, or executive proclamations. Finally, admiralty and maritime jurisdiction includes the seizure and forfeiture of vessels engaged in activities in violation of the laws of nations or municipal law, such as illicit trade,937 infraction of revenue laws,938 and the like.939
Admiralty Proceedings.
Procedure in admiralty jurisdiction differs in few respects from procedure in actions at law, but the differences that do exist are significant.940 Suits in admiralty traditionally took the form of a proceeding in rem against the vessel, and, with exceptions to be noted, such proceedings in rem are confined exclusively to federal admiralty courts, because the grant of exclusive jurisdiction to the federal courts by the Judiciary Act of 1789 has been interpreted as referring to the traditional admiralty action, the in rem action, which was unknown to the common law.941 The savings clause in that Act under which a state court may entertain actions by suitors seeking a common-law remedy preserves to the state tribunals the right to hear actions at law where a common-law remedy or a new remedy analogous to a common-law remedy exists.942 Concurrent jurisdiction thus exists for the adjudication of in personam maritime causes of action against the owner of the vessel, and a plaintiff may ordinarily choose whether to bring his action in a state court or a federal court.
Forfeiture to the crown for violation of the laws of the sovereign was in English law an exception to the rule that admiralty has exclusive jurisdiction over in rem maritime actions and was thus considered a common-law remedy. Although the Supreme Court sometimes has used language that would confine all proceedings in rem to admiralty courts,943 such actions in state courts have been sustained in cases of forfeiture arising out of violations of state law.944
Perhaps the most significant admiralty court difference in procedure from civil courts is the absence of a jury trial in admiralty actions, with the admiralty judge trying issues of fact as well as of law.
945 Indeed, the absence of a jury in admiralty proceedings appears to have been one of the principal reasons why the English government vested a broad admiralty jurisdiction in the colonial vice-admiralty courts, since they provided a forum where the English authorities could enforce the Navigation Laws without “the obstinate resistance of American juries.”946
Territorial Extent of Admiralty and Maritime Jurisdiction.
Although he was a vigorous exponent of the expansion of admiralty jurisdiction, Justice Story for the Court in The Steamboat Thomas Jefferson947 adopted a restrictive English rule confining admiralty jurisdiction to the high seas and upon rivers as far as the ebb and flow of the tide extended.948 The demands of commerce on western waters led Congress to enact a statute extending admiralty jurisdiction over the Great Lakes and connecting waters,949 and in The Genes-see Chief v. Fitzhugh950 Chief Justice Taney overruled The Thomas Jefferson and dropped the tidal ebb and flow requirement. This ruling laid the basis for subsequent judicial extension of jurisdiction over all waters, salt or fresh, tidal or not, which are navigable in fact.951 Some of the older cases contain language limiting jurisdiction to navigable waters which form some link in an interstate or international waterway or some link in commerce,952 but these date from the time when it was thought the commerce power furnished the support for congressional legislation in this field.
Admiralty and Federalism.
Extension of admiralty and mari- time jurisdiction to navigable waters within a state does not, however, of its own force include general or political powers of government. Thus, in the absence of legislation by Congress, the states through their courts may punish offenses upon their navigable waters and upon the sea within one marine league of the shore.953
Determination of the boundaries of admiralty jurisdiction is a judicial function, and “no State law can enlarge it, nor can an act of Congress or a rule of court make it broader than the judicial power may determine to be its true limits.”954 But, as with other jurisdictions of the federal courts, admiralty jurisdiction can only be exercised under acts of Congress vesting it in federal courts.955
The boundaries of federal and state competence, both legislative and judicial, in this area remain imprecise, and federal judicial determinations have notably failed to supply definiteness. During the last century, the Supreme Court generally permitted two overlapping systems of law to coexist in an uneasy relationship. The federal courts in admiralty applied the general maritime law,956 supplemented in some instances by state law which created and defined certain causes of action.957 Because the Judiciary Act of 1789 saved to suitors common-law remedies, persons suing in state courts or in federal courts in diversity of citizenship actions could look to common-law and statutory doctrines for relief in maritime-related cases in which the actions were noticeable.958 In Southern Pacific Co. v. Jensen,959 a sharply divided Court held that New York could not constitutionally apply its workmen’s compensation system to employees injured or killed on navigable waters. For the Court, Justice McReynolds reasoned “that the general maritime law, as accepted by the federal courts, constituted part of our national law, applicable to matters within the admiralty and maritime jurisdiction.”960 Recognizing that “it would be difficult, if not impossible, to define with exactness just how far the general maritime law may be changed, modified or affected by state legislation,” still it was certain that “no such legislation is valid if it works material prejudice to the characteristic features of the general maritime law, or interferes with the proper harmony or uniformity of that law in its international and interstate relations.”961 The “savings to suitors” clause was unavailing because the workmen’s compensation statute created a remedy “of a character wholly unknown to the common law, incapable of enforcement by the ordinary processes of any court and is not saved to suitors from the grant of exclusive jurisdiction.”962
Congress required three opportunities to legislate to meet the problem created by the decision, the lack of remedy for maritime workers to recover for injuries resulting from the negligence of their employers. First, Congress enacted a statute saving to claimants their rights and remedies under state workmen’s compensation laws.963 The Court invalidated it as an unconstitutional delegation of legislative power to the states. “The Constitution itself adopted and established, as part of the laws of the United States, approved rules of the general maritime law and empowered Congress to legislate in respect of them and other matters within the admiralty and maritime jurisdiction. Moreover, it took from the states all power, by legislation or judicial decision, to contravene the essential purposes of, or to work material injury to, characteristic features of such law or to interfere with its proper harmony and uniformity in its international and interstate relations.”964 Second, Congress reenacted the law but excluded masters and crew members of vessels from those who might claim compensation for maritime injuries.965
The Court found this effort unconstitutional as well, because “the manifest purpose [of the statute] was to permit any State to alter the maritime law and thereby introduce conflicting requirements.”966 Finally, in 1927, Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act, which provided accident compensation for injuries, including those resulting in death, sustained on navigable waters by employees, other than members of the crew, whenever “recovery . . . may not validly be provided by State law.”967
With certain exceptions,968 the federal-state conflict since Jensen has taken place with regard to three areas: (1) the interpretation of federal and state bases of relief for injuries and death as affected by the Longshoremen’s and Harbor Workers’ Compensation Act; (2) the interpretation of federal and state bases of relief for personal injuries by maritime workers as affected by the Jones Act; and (3) the application of state law to permit recovery in maritime wrongful death cases in which until recently there was no federal maritime right to recover.969
(1) The principal difficulty here was that after Jensen the Supreme Court did not maintain the line between permissible and impermissible state-authorized recovery at the water’s edge, but created a “maritime but local” exception, by which some injuries incurred in or on navigable waters could be compensated under state workmen’s compensation laws or state negligence laws.970 “The application of the State Workmen’s Compensation Acts has been sustained where the work of the employee has been deemed to have no direct relation to navigation or commerce and the operation of the local law ‘would work no material prejudice to the essential features of the general maritime law.’ ”971 Because Congress provided in the Longshoremen’s and Harbor Workers’ Compensation Act for recovery under the Act “if recovery . . . may not validly be provided by State law,”972 it was held that the “maritime but local” exception had been statutorily perpetuated,973 thus creating the danger for injured workers or their survivors that they might choose to seek relief by the wrong avenue to their prejudice. This danger was subsequently removed by the Court when it recognized that there was a “twilight zone,” a “shadowy area,” in which recovery under either the federal law or a state law could be justified, and held that in such a “twilight zone” the injured party should be enabled to recover under either.974 Then, in Calbeck v. Travelers Ins. Co.,975 the Court virtually read out of the Act its inapplicability when compensation would be afforded by state law and held that Congress’s intent in enacting the statute was to extend coverage to all workers who sustain injuries while on navigable waters of the United States whether or not a particular injury was also within the constitutional reach of a state workmen’s compensation law or other law. By the 1972 amendments to the LHWCA, Congress extended the law shoreward by refining the tests of “employee” and “navigable waters,” so as to reach piers, wharfs, and the like in certain circumstances.976
(2) The passage of the Jones Act977 gave seamen a statutory right of recovery for negligently inflicted injuries on which they could sue in state or federal courts. Because injured parties could obtain a jury trial in Jones Act suits, there was little attempted recourse under the savings clause978 to state law claims and thus no need to explore the line between applicable and inapplicable state law. But in the 1940s personal injury actions based on unseaworthiness979 were given new life by Court decisions for seamen;980 and the right was soon extended to longshoremen who were injured while on board ship or while working on the dock if the injury could be attributed either to the ship’s gear or its cargo.981 While these actions could have been brought in state court, federal law supplanted state law even with regard to injuries sustained in state territorial waters.982 The 1972 LHWCA amendments, however, eliminated unseaworthiness recoveries by persons covered by the Act and substituted a recovery under the LHWCA itself for injuries caused by negligence.983
(3) In The Harrisburg,984 the Court held that maritime law did not afford an action for wrongful death, a position to which the Court adhered until 1970.985 The Jones Act,986 the Death on the High Seas Act,987 and the Longshoremen’s and Harbor Workers’ Compensation Act988 created causes of action for wrongful death, but for cases not falling within one of these laws the federal courts looked to state wrongful death and survival statutes.989 Thus, in The Tungus v. Skovgaard,990 the Court held that a state wrongful death statute encompassed claims both for negligence and unseaworthiness in the instance of a land-based worker killed when on board ship in navigable water; the Court divided five-to-four, however, in holding that the standards of the duties to furnish a seaworthy vessel and to use due care were created by the state law as well and not furnished by general maritime concepts.991 And, in Hess v. United States,992 a suit under the Federal Tort Claims Act for recovery for a death by drowning in a navigable Oregon river of an employee of a contractor engaged in repairing the federally owned Bonneville Dam, a divided Court held that liability was to be measured by the standard of care expressed in state law, notwithstanding that the standard was higher than that required by maritime law. One area existed, however, in which beneficiaries of a deceased seaman were denied recovery.
The Jones Act provided a remedy for wrongful death resulting from negligence, but not for one caused by unseaworthiness alone; in Gillespie v. United States Steel Corp.,993 the Court held that the survivors of a seaman drowned while working on a ship docked in an Ohio port could not recover under the state wrongful death statute even though the act recognized unseaworthiness as a basis for recovery, the Jones Act having superseded state laws.
Thus did matters stand until 1970, when the Court, in a unanimous opinion in Moragne v. States Marine Lines,994 overruled its earlier cases and held that a right of recovery for wrongful death is sanctioned by general maritime law and that no statute is needed to bring the right into being. The Court was careful to note that the cause of action created in Moragne would not, like the state wrongful death statutes in Gillespie, be held precluded by the Jones Act, so that the survivor of a seaman killed in navigable waters within a state would have a cause of action for negligence under the Jones Act or for unseaworthiness under the general maritime law.
Cases to Which the United States Is a Party
Right of the United States to Sue.
In the first edition of his Treatise, Justice Story noted that while “an express power is no where given in the constitution,” the right of the United States to sue in its own courts “is clearly implied in that part respecting the judicial power. . . . Indeed, all the usual incidents appertaining to a personal sovereign, in relation to contracts, and suing, and enforcing rights, so far as they are within the scope of the powers of the government, belong to the United States, as they do to other sovereigns.”996 As early as 1818, the Supreme Court ruled that the United States could sue in its own name in all cases of contract without congressional authorization of such suits.997 Later, this rule was extended to other types of actions. In the absence of statutory provisions to the contrary, such suits are initiated by the Attorney General in the name of the United States.998
By the Judiciary Act of 1789, and subsequent amendments to it, Congress has vested in the federal district courts jurisdiction to hear all suits of a civil nature at law or in equity brought by the United States as party plaintiff.999 As in other judicial proceedings, the United States, like any party plaintiff, must have an interest in the subject matter and a legal right to the remedy sought.1000 Under the long-settled principle that the courts have the power to abate public nuisances at the suit of the government, the provision in § 208(2) of the Labor Management Relations Act of 1949, authorizing federal courts to enjoin strikes that imperil national health or safety was upheld on the grounds that the statute entrusts the courts with the determination of a “case or controversy” on which the judicial power can operate and does not impose any legislative, executive, or non-judicial function. Moreover, the fact that the rights sought to be protected were those of the public in unimpeded production in industries vital to public health, as distinguished from the private rights of labor and management, was held not to alter the adversary (“case or controversy”) nature of the litigation instituted by the United States as the guardian of the aforementioned rights.1001 Also, by reason of the highest public interest in the fulfillment of all constitutional guarantees, “including those that bear . . . directly on private rights, . . . it [is] perfectly competent for Congress to authorize the United States to be the guardian of that public interest in a suit for injunctive relief.”1002
Suits Against States.
Controversies to which the United States is a party include suits brought against states as party defendants. The first such suit occurred in United States v. North Carolina,1003 which was an action by the United States to recover upon bonds issued by North Carolina. Although no question of jurisdiction was raised, in deciding the case on its merits in favor of the state, the Court tacitly assumed that it had jurisdiction of such cases. The issue of jurisdiction was directly raised by Texas a few years later in a bill in equity brought by the United States to determine the boundary between Texas and the Territory of Oklahoma, and the Court sustained its jurisdiction over strong arguments by Texas to the effect that it could not be sued by the United States without its consent and that the Supreme Court’s original jurisdiction did not extend to cases to which the United States is a party.1004 Stressing the inclusion within the judicial power of cases to which the United States and a state are parties, the elder Justice Harlan pointed out that the Constitution made no exception of suits brought by the United States. In effect, therefore, consent to be sued by the United States “was given by Texas when admitted to the Union upon an equal footing in all respects with the other States.”1005
Suits brought by the United States have, however, been infrequent. All of them have arisen since 1889, and they have become somewhat more common since 1926. That year the Supreme Court decided a dispute between the United States and Minnesota over land patents issued to the state by the United States in breach of its trust obligations to the Indian.1006 In United States v. West Virginia,1007 the Court refused to take jurisdiction of a suit in equity brought by the United States to determine the navigability of the New and Kanawha Rivers on the ground that the jurisdiction in such suits is limited to cases and controversies and does not extend to the adjudication of mere differences of opinion between the officials of the two governments. A few years earlier, however, it had taken jurisdiction of a suit by the United States against Utah to quiet title to land forming the beds of certain sections of the Colorado River and its tributaries with the states.1008 Similarly, it took jurisdiction of a suit brought by the United States against California to determine the ownership of and paramount rights over the submerged land and the oil and gas thereunder off the coast of California between the low-water mark and the three-mile limit.1009 Like suits were decided against Louisiana and Texas in 1950.1010
Immunity of the United States From Suit.
Pursuant to the general rule that a sovereign cannot be sued in its own courts, the judicial power does not extend to suits against the United States unless Congress by statute consents to such suits. This rule first emanated in embryonic form in an obiter dictum by Chief Justice Jay in Chisholm v. Georgia, where he indicated that a suit would not lie against the United States because “there is no power which the courts can call to their aid.”1011 In Cohens v. Virginia,1012 also in dictum, Chief Justice Marshall asserted, “the universally received opinion is that no suit can be commenced or prosecuted against the United States.” The issue was more directly in question in United States v. Clarke,1013 where Chief Justice Marshall stated that, as the United States is “not suable of common right, the party who institutes such suit must bring his case within the authority of some act of Congress, or the court cannot exercise jurisdiction over it.” He thereupon ruled that the act of May 26, 1830, for the final settlement of land claims in Florida condoned the suit. The doctrine of the exemption of the United States from suit was repeated in various subsequent cases, without discussion or examination.1014 Indeed, it was not until United States v. Lee1015 that the Court examined the rule and the reasons for it, and limited its application accordingly.
Because suits against the United States can be maintained only by congressional consent, it follows that they can be brought only in the manner prescribed by Congress and subject to the restrictions imposed.1016 As only Congress may waive the immunity of the United States from liability, officers of the United States are powerless either to waive such immunity or to confer jurisdiction on a federal court.1017 Even when authorized, suits may be brought only in designated courts,1018 and this rule applies equally to suits by states against the United States.1019 Congress may also grant or withhold immunity from suit on behalf of government corporations.1020
Suits Against United States Officials.
United States v. Lee, a 5-to-4 decision, qualified earlier holdings that a judgment affecting the property of the United States was in effect against the United States, by ruling that title to the Arlington estate of the Lee family, then being used as a national cemetery, was not legally vested in the United States but was being held illegally by army officers under an unlawful order of the President. In its examination of the sources and application of the rule of sovereign immunity, the Court concluded that the rule “if not absolutely limited to cases in which the United States are made defendants by name, is not permitted to interfere with the judicial enforcement of the rights of plaintiff when the United States is not a defendant or a necessary party to the suit.”1021 Except, nevertheless, for an occasional case like Kansas v. United States,1022 which held that a state cannot sue the United States, most of the cases involving sovereign immunity from suit since 1883 have been cases against officers, agencies, or corporations of the United States where the United States has not been named as a party defendant. Thus, it has been held that a suit against the Secretary of the Treasury to review his decision on the rate of duty to be exacted on imported sugar would disturb the whole revenue system of the government and would in effect be a suit against the United States.1023 Even more significant is Stanley v. Schwalby,1024 holding that an action of trespass against an army officer to try title in a parcel of land occupied by the United States as a military reservation was a suit against the United States because a judgment in favor of the plaintiffs would have been a judgment against the United States.
Subsequent cases reaffirm the rule of United States v. Lee that, where the right to possession or enjoyment of property under general law is in issue, the fact that defendants claim the property as officers or agents of the United States does not make the action one against the United States until it is determined that they were acting within the scope of their lawful authority.1025 On the other hand, the rule that a suit in which the judgment would affect the United States or its property is a suit against the United States has also been repeatedly approved and reaffirmed.1026 But, as the Court has pointed out, it is not “an easy matter to reconcile all of the decisions of the court in this class of cases,”1027 and, as Justice Frankfurter quite justifiably stated in a dissent, “the subject is not free from casuistry.”1028 Justice Douglas’ characterization of Land v. Dollar, “this is the type of case where the question of jurisdiction is dependent on decision of the merits,”1029 is frequently applicable.
Larson v. Domestic & Foreign Corp.,1030 illuminates these obscurities somewhat. A private company sought to enjoin the Administrator of the War Assets in his official capacity from selling surplus coal to others than the plaintiff who had originally bought the coal, only to have the sale cancelled by the Administrator because of the company’s failure to make an advance payment. Chief Justice Vinson and a majority of the Court looked upon the suit as one brought against the Administrator in his official capacity, acting under a valid statute and therefore a suit against the United States. It held that, although an officer in such a situation is not immune from suits for his own torts, his official action, though tortious, cannot be enjoined or diverted, because it is also the action of the sovereign.1031 The Court then proceeded to repeat the rule that “the action of an officer of the sovereign (be it holding, taking, or otherwise legally affecting the plaintiff ’s property) can be regarded as so individual only if it is not within the officer’s statutory powers, or, if within those powers, only if the powers or their exercise in the particular case, are constitutionally void.”1032 The Court rejected the contention that the doctrine of sovereign immunity should be relaxed as inapplicable to suits for specific relief as distinguished from damage suits, saying: “The Government, as representative of the community as a whole, cannot be stopped in its tracks by any plaintiff who presents a disputed question of property or contract right.”1033
Suits against officers involving the doctrine of sovereign immunity have been classified into four general groups by Justice Frankfurter. First, there are those cases in which the plaintiff seeks an interest in property which belongs to the government or calls “for an assertion of what is unquestionably official authority.”1034 Such suits, of course, cannot be maintained.1035 Second, cases in which action adverse to the interests of a plaintiff is taken under an unconstitutional statute or one alleged to be so. In general these suits are maintainable.1036 Third, cases involving injury to a plaintiff because the official has exceeded his statutory authority. In general these suits are maintainable.1037 Fourth, cases in which an officer seeks immunity behind statutory authority or some other sovereign command for the commission of a common law tort.1038 This category of cases presents the greatest difficulties because these suits can as readily be classified as falling into the first group if the action directly or indirectly is one for specific performance or if the judgment would affect the United States.
Suits Against Government Corporations.
The multiplica- tion of government corporations during periods of war and depression has provided one motivation for limiting the doctrine of sovereign immunity. In Keifer & Keifer v. RFC,1039 the Court held that the government does not become a conduit of its immunity in suits against its agents or instrumentalities merely because they do its work. Nor does the creation of a government corporation confer upon it legal immunity. Whether Congress endows a public corporation with governmental immunity in a specific instance is a matter of ascertaining the congressional will. Moreover, it has been held that waivers of governmental immunity in the case of federal instrumentalities and corporations should be construed liberally.1040 On the other hand, Indian nations are exempt from suit without further congressional authorization; it is as though their former immunity as sovereigns passed to the United States for their benefit, as did their tribal properties.1041
Suits Between Two or More States
The extension of federal judicial power to controversies between states and the vesting of original jurisdiction in the Supreme Court of suits to which a state is a party had its origin in experience. Prior to independence, disputes between colonies claiming charter rights to territory were settled by the Privy Council. Under the Articles of Confederation, Congress was made “the last resort on appeal” to resolve “all disputes and differences . . . between two or more States concerning boundary, jurisdiction, or any other cause whatever,” and to constitute what in effect were ad hoc arbitral courts for determining such disputes and rendering a final judgment therein. When the Philadelphia Convention met in 1787, serious disputes over boundaries, lands, and river rights involved ten states.1042 It is hardly surprising, therefore, that during its first 60 years the only state disputes coming to the Supreme Court were boundary disputes1043 or that such disputes constitute the largest single number of suits between states. Since 1900, however, as the result of the increasing mobility of population and wealth and the effects of technology and industrialization, other types of cases have occurred with increasing frequency.
Boundary Disputes: The Law Applied.
Of the earlier ex- amples of suits between states, that between New Jersey and New York1044 is significant for the application of the rule laid down earlier in Chisholm v. Georgia that the Supreme Court may proceed ex parte if a state refuses to appear when duly summoned. The long drawn out litigation between Rhode Island and Massachusetts is of even greater significance for its rulings, after the case had been pending for seven years, that though the Constitution does not extend the judicial power to all controversies between states, yet it does not exclude any,1045 that a boundary dispute is a justiciable and not a political question,1046 and that a prescribed rule of decision is unnecessary in such cases. On the last point, Justice Baldwin stated: “The submission by the sovereigns, or states, to a court of law or equity, of a controversy between them, without prescribing any rule of decision, gives power to decide according to the appropriate law of the case (11 Ves. 294); which depends on the subject-matter, the source and nature of the claims of the parties, and the law which governs them. From the time of such submission, the question ceases to be a political one, to be decided by the sic volo, sic jubeo, of political power; it comes to the court, to be decided by its judgment, legal discretion and solemn consideration of the rules of law appropriate to its nature as a judicial question, depending on the exercise of judicial power; as it is bound to act by known and settled principles of national or municipal jurisprudence, as the case requires.”1047
Modern Types of Suits Between States.
Beginning with Missouri v. Illinois & Chicago District,1048 which sustained jurisdiction to entertain an injunction suit to restrain the discharge of sewage into the Mississippi River, water rights, the use of water resources, and the like, have become an increasing source of suits between states. Such suits have been especially frequent in the western states,1049 where water is even more of a treasure than elsewhere, but they have not been confined to any one region. In Kansas v. Colorado,1050 the Court established the principle of the equitable division of river or water resources between conflicting state interests. In New Jersey v. New York,1051 where New Jersey sought to enjoin the diversion of waters into the Hudson River watershed for New York in such a way as to diminish the flow of the Delaware River in New Jersey, injure its shad fisheries, and increase harmfully the saline contents of the Delaware, Justice Holmes stated for the Court: “A river is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among those who have power over it. New York has the physical power to cut off all the water within its jurisdiction. But clearly the exercise of such a power to the destruction of the interest of lower States could not be tolerated. And on the other hand equally little could New Jersey be permitted to require New York to give up its power altogether in order that the River might come down to it undiminished. Both States have real and substantial interests in the River that must be reconciled as best they may be.”1052
Other types of interstate disputes of which the Court has taken jurisdiction include suits by a state as the donee of the bonds of another to collect thereon,1053 by Virginia against West Virginia to determine the proportion of the public debt of the original State of Virginia which the latter owed the former,1054 by Arkansas to enjoin Texas from interfering with the performance of a contract by a Texas foundation to contribute to the construction of a new hospital in the medical center of the University of Arkansas,1055 of one state against another to enforce a contract between the two,1056 of a suit in equity between states for the determination of a decedent’s domicile for inheritance tax purposes,1057 and of a suit by two states to restrain a third from enforcing a natural gas measure that purported to restrict the interstate flow of natural gas from the state in the event of a shortage.1058
In Texas v. New Jersey,1059 the Court adjudicated a multistate dispute about which state should be allowed to escheat intangible property consisting of uncollected small debts held by a corporation. Emphasizing that the states could not constitutionally provide a rule of settlement and that no federal statute governed the matter, the Court evaluated the possible rules and chose the one easiest to apply and least likely to lead to continuing disputes.
In general, in taking jurisdiction of these suits, along with those involving boundaries and the diversion or pollution of water resources, the Supreme Court proceeded upon the liberal construction of the term “controversies between two or more States” enunciated in Rhode Island v. Massachusetts,1060 and fortified by Chief Justice Marshall’s dictum in Cohens v. Virginia,1061 concerning jurisdiction because of the parties to a case, that “it is entirely unimportant, what may be the subject of controversy. Be it what it may, these parties have a constitutional right to come into the Courts of the Union.”1062
Cases of Which the Court Has Declined Jurisdiction.
In other cases, however, the Court, centering its attention upon the elements of a case or controversy, has declined jurisdiction. In Alabama v. Arizona,1063 where Alabama sought to enjoin nineteen states from regulating or prohibiting the sale of convict-made goods, the Court went far beyond holding that it had no jurisdiction, and indicated that jurisdiction of suits between states will be exercised only when absolutely necessary, that the equity requirements in a suit between states are more exacting than in a suit between private persons, that the threatened injury to a plaintiff state must be of great magnitude and imminent, and that the burden on the plaintiff state to establish all the elements of a case is greater than the burden generally required by a petitioner seeking an injunction in cases between private parties.
Pursuing a similar line of reasoning, the Court declined to take jurisdiction of a suit brought by Massachusetts against Missouri and certain of its citizens to prevent Missouri from levying inheritance taxes upon intangibles held in trust in Missouri by resident trustees. In holding that the complaint presented no justiciable controversy, the Court declared that to constitute such a controversy, the complainant state must show that it “has suffered a wrong through the action of the other State, furnishing ground for judicial redress, or is asserting a right against the other State which is susceptible of judicial enforcement according to . . . the common law or equity systems of jurisprudence.”1064 The fact that the trust property was sufficient to satisfy the claims of both states and that recovery by either would not impair any rights of the other distinguished the case from Texas v. Florida,1065 where the contrary situation obtained. Furthermore, the Missouri statute providing for reciprocal privileges in levying inheritance taxes did not confer upon Massachusetts any contractual right. The Court then proceeded to reiterate its earlier rule that a state may not invoke the original jurisdiction of the Supreme Court for the benefit of its residents or to enforce the individual rights of its citizens.1066 Moreover, Massachusetts could not invoke the original jurisdiction of the Court by the expedient of making citizens of Missouri parties to a suit not otherwise maintainable.1067 Accordingly, Massachusetts was held not to be without an adequate remedy in Missouri’s courts or in a federal district court in Missouri.
The Problem of Enforcement: Virginia v. West Virginia.
A very important issue in interstate litigation is the enforce- ment of the Court’s decree, once it has been entered. In some types of suits, this issue may not arise, and if it does, it may be easily met. Thus, a judgment putting a state in possession of disputed territory is ordinarily self-executing. But if the losing state should oppose execution, refractory state officials, as individuals, would be liable to civil suits or criminal prosecutions in the federal courts. Likewise an injunction may be enforced against state officials as individuals by civil or criminal proceedings. Those judgments, on the other hand, that require a state in its governmental capacity to perform some positive act present the issue of enforcement in more serious form. The issue arose directly in the long and much litigated case between Virginia and West Virginia over the proportion of the state debt of original Virginia owed by West Virginia after its separate admission to the Union under a compact which provided that West Virginia assume a share of the debt.
The suit was begun in 1906, and a judgment was rendered against West Virginia in 1915. Finally, in 1917, Virginia filed a suit against West Virginia to show cause why, in default of payment of the judgment, an order should not be entered directing the West Virginia legislature to levy a tax for payment of the judgment.1068 Starting with the rule that the judicial power essentially involves the right to enforce the results of its exertion,1069 the Court proceeded to hold that it applied with the same force to states as to other litigants1070 and to consider appropriate remedies for the enforcement of its authority. In this connection, Chief Justice White declared: “As the powers to render the judgment and to enforce it arise from the grant in the Constitution on that subject, looked at from a generic point of view, both are federal powers and, comprehensively considered, are sustained by every authority of the Federal Government, judicial, legislative, or executive, which may be appropriately exercised.”1071 The Court, however, left open the question of its power to enforce the judgment under existing legislation and scheduled the case for reargument at the next term. Before that could occur, West Virginia accepted the Court’s judgment and entered into an agreement with Virginia to pay it.1072
Enforcement Authority Includes Ordering Disgorgement and Reformation of Certain Agreements.
More recently, the Court, noting that proceedings under its original jurisdiction are “basically equitable,” has taken the view that its enforcement authority encompasses ordering disgorgement of part of one state’s gain from its breach of an interstate compact, as well as reforming certain agreements adopted by the states.1073 In so doing, the Court emphasized that its enforcement authority derives both from its “inherent authority” to apportion interstate streams between states equitably and from Congress’s approval of interstate compacts. As to its inherent authority, the Court noted that states bargain for water rights “in the shadow of ” the Court’s broad power to apportion them equitably and it is “difficult to conceive” that a state would agree to enter an agreement as to water rights if the Court lacked the power to enforce the agreement.1074 The Court similarly reasoned that its remedial authority “gains still greater force” because a compact between the states, “having received Congress’s blessing, counts as federal law.”1075 The Court stated, however, that an interstate compact’s “legal status” as federal law could also limit the Court’s enforcement power because the Court cannot order relief that is inconsistent with a compact’s express terms.1076
Controversies Between a State and Citizens of Another State
The decision in Chisholm v. Georgia1077 that cases “between a state and citizens of another state” included those where a state was a party defendant provoked the proposal and ratification of the Eleventh Amendment, and since then controversies between a state and citizens of another state have included only those cases where the state has been a party plaintiff or has consented to be sued.1078 As a party plaintiff, a state may bring actions against citizens of other states to protect its legal rights or in some instances as parens patriae to protect the health and welfare of its citizens. In general, the Court has tended to construe strictly this grant of judicial power, which simultaneously comes within its original jurisdiction, by perhaps an even more rigorous application of the concepts of cases and controversies than that in cases between private parties.1079 This it does by holding rigorously to the rule that all the party defendants be citizens of other states1080 and by adhering to congressional distribution of its original jurisdiction concurrently with that of other federal courts.1081
Jurisdiction Confined to Civil Cases.
In Cohens v. Virginia,1082 there is a dictum to the effect that the original jurisdiction of the Supreme Court does not include suits between a state and its own citizens. Long afterwards, the Supreme Court dismissed an action for want of jurisdiction because the record did not show that the corporation against which the suit was brought was chartered in another state.1083 Subsequently, the Court has ruled that it will not entertain an action by a state to which its citizens are either parties of record or would have to be joined because of the effect of a judgment upon them.1084 In his dictum in Cohens v. Virginia, Chief Justice Marshall also indicated that perhaps no jurisdiction existed over suits by states to enforce their penal laws.1085 Sixty-seven years later, the Court wrote this dictum into law in Wisconsin v. Pelican Ins. Co.1086 Wisconsin sued a Louisiana corporation to recover a judgment rendered in its favor by one of its own courts. Relying partly on the rule of international law that the courts of no country execute the penal laws of another, partly upon the 13th section of the Judiciary Act of 1789, which vested the Supreme Court with exclusive jurisdiction of controversies of a civil nature where a state is a party, and partly on Justice Iredell’s dissent in Chisholm v. Georgia,1087 where he confined the term “controversies” to civil suits, Justice Gray ruled for the Court that for purposes of original jurisdiction, “controversies between a State and citizens of another State” are confined to civil suits.1088
The State’s Real Interest.
Ordinarily, a state may not sue in its name unless it is the real party in interest with real interests. It can sue to protect its own property interests,1089 and if it sues for its own interest as owner of another state’s bonds, rather than as an assignee for collection, jurisdiction exists.1090 Where a state, in order to avoid the limitation of the Eleventh Amendment, provided by statute for suit in the name of the state to collect on the bonds of another state held by one of its citizens, it was refused the right to sue.1091 Nor can a state sue the citizens of other states on behalf of its own citizens to collect claims.1092
The State as Parens Patriae.
The distinction between suits brought by states to protect the welfare of their citizens as a whole and suits to protect the private interests of individual citizens is not easily drawn. Thus, in Oklahoma v. Atchison, T. & S.F. Ry.,1093 the state was refused permission to sue to enjoin unreasonable rate charges by a railroad on the shipment of specified commodities, because the state was not engaged in shipping these commodities and had no proprietary interest in them. But, in Georgia v. Pennsylvania R.Co.,1094 a closely divided Court accepted a suit by the state, suing as parens patriae and in its proprietary capacity—the latter being treated by the Court as something of a makeweight—seeking injunctive relief against 20 railroads on allegations that the rates were discriminatory against the state and its citizens and their economic interests and that the rates had been fixed through coercive action by the northern roads against the southern lines in violation of the Clayton Antitrust Act. For the Court, Justice Douglas observed that the interests of a state for purposes of invoking the original jurisdiction of the Court were not to be confined to those which are proprietary but rather “embrace the so called ‘quasi-sovereign’ interests which . . . are ‘independent of and behind the titles of its citizens, in all the earth and air within its domain.’ ”1095
Discriminatory freight rates, the Justice continued, may cause a blight no less serious than noxious gases in that they may arrest the development of a state and put it at a competitive disadvantage. “Georgia as a representative of the public is complaining of a wrong which, if proven, limits the opportunities of her people, shackles her industries, retards her development, and relegates her to an inferior economic position among her sister States. These are matters of grave public concern in which Georgia has an interest apart from that of particular individuals who may be affected. Georgia’s interest is not remote; it is immediate. If we denied Georgia as parens patriae the right to invoke the original jurisdiction of the Court in a matter of that gravity, we would whittle the concept of justiciability down to the stature of minor or conventional controversies. There is no warrant for such a restriction.”1096
The continuing vitality of this case is in some doubt, as the Court has limited it in a similar case.1097 But the ability of states to act as parens patriae for their citizens in environmental pollution cases seems established, although as a matter of the Supreme Court’s original jurisdiction such suits are not in favor.1098
One clear limitation had seemed to be solidly established until later litigation cast doubt on its foundation. It is no part of a state’s “duty or power,” said the Court in Massachusetts v. Mellon,1099 “to enforce [its citizens’] rights in respect to their relations with the Federal Government. In that field, it is the United States and not the state that represents them as parens patriae when such representation becomes appropriate; and to the former, and not to the latter, they must look for such protective measures as flow from that status.” But, in South Carolina v. Katzenbach,1100 while holding that the state lacked standing under Massachusetts v. Mellon to attack the constitutionality of the Voting Rights Act of 19651101 under the Fifth Amendment’s Due Process Clause and under the Bill of Attainder Clause of Article I,1102 the Court decided on the merits the state’s claim that Congress had exceeded its powers under the Fifteenth Amendment.1103 Was the Court here sub silentio permitting it to assert its interest in the execution of its own laws, rather than those enacted by Congress, or its interest in having Congress enact only constitutional laws for application to its citizens, an assertion that is contrary to a number of supposedly venerated cases?1104 Either possibility would be significant in a number of respects.1105
Controversies Between Citizens of Different States
The records of the Federal Convention are silent on why the Framers included controversies between citizens of different states among the judicial power of the United States,1106 but Congress has given “diversity jurisdiction” in one form or another to the federal courts since the Judiciary Act of 1789.1107 The traditional explanation remains that offered by Chief Justice Marshall. “However true the fact may be, that the tribunals of the states will administer justice as impartially as those of the nation, to parties of every description, it is not less true that the Constitution itself either entertains apprehensions on this subject, or views with such indulgence the possible fears and apprehensions of suitors, that it has established national tribunals for the decision of controversies between aliens and a citizen, or between citizens of different states.”1108 Other explanations have been offered and controverted,1109 but diversity cases constitute a large bulk of cases on the dockets of the federal courts today, though serious proposals for restricting access to federal courts in such cases have been before Congress for some time.1110 The essential difficulty with this type of jurisdiction is that it requires federal judges to decide issues of local import on the basis of their reading of how state judges would decide them, an oftentimes laborious process, which detracts from the time and labor needed to resolve issues of federal import.
The Meaning of “State” and the District of Columbia Problem.
In Hepburn v. Ellzey,1111 Chief Justice Marshall for the Court confined the meaning of the word “state” as used in the Constitution to “the members of the American confederacy” and ruled that a citizen of the District of Columbia could not sue a citizen of Virginia on the basis of diversity of citizenship. Marshall noted that it was “extraordinary that the courts of the United States, which are open to aliens, and to the citizens of every state in the union, should be closed upon them. But this is a subject for legislative, not for judicial consideration.”1112 The same rule was subsequently applied to citizens of the territories of the United States.1113
Whether the Chief Justice had in mind a constitutional amendment or a statute when he spoke of legislative consideration remains unclear. Not until 1940, however, did Congress attempt to meet the problem by statutorily conferring on federal district courts jurisdiction of civil actions, not involving federal questions, “between citizens of different States, or citizens of the District of Columbia, the Territory of Hawaii, or Alaska and any State or Territory.”1114 In National Mutual Ins. Co. v. Tidewater Transfer Co.,1115 this act was upheld in a five-to-four decision but for widely divergent reasons by a coalition of Justices. Two Justices thought that Chief Justice Marshall’s 1804 decision should be overruled, but the other seven Justices disagreed; however, three of the seven thought the statute could be sustained under Congress’s power to enact legislation for the inhabitants of the District of Columbia, but the remaining four plus the other two rejected this theory. The statute was upheld because a total of five Justices voted to sustain it, although of the two theories relied on, seven Justices rejected one and six the other. The result, attributable to “conflicting minorities in combination,”1116 means that Hepburn v. Ellzey is still good law insofar as it holds that the District of Columbia is not a state, but is overruled insofar as it holds that District citizens may not use federal diversity jurisdiction.1117
Citizenship of Natural Persons.
For purposes of diversity jurisdiction, state citizenship is determined by the concept of domicile1118 rather than of mere residence.1119 That is, while the Court’s definition has varied throughout the cases,1120 a person is a citizen of the state in which he has his true, fixed, and permanent home and principal establishment and to which he intends to return whenever he is absent from it.1121 Acts may disclose intention more clearly and decisively than declarations.1122 One may change his domicile in an instant by taking up residence in the new place and by intending to remain there indefinitely and one may obtain the benefit of diversity jurisdiction by so changing for that reason alone,1123 provided the change is more than a temporary expedient.1124
If the plaintiff and the defendant are citizens of different states, diversity jurisdiction exists regardless of the state in which suit is brought.1125 Chief Justice Marshall early established that in multi-party litigation, there must be complete diversity, that is, that no party on one side could be a citizen of any state of which any party on the other side was a citizen.1126 It has now apparently been decided that this requirement flows from the statute on diversity rather than from the constitutional grant and that therefore minimal diversity is sufficient.1127 The Court has also placed some issues beyond litigation in federal courts in diversity cases, apparently solely on policy grounds.1128
Citizenship of Corporations.
In Bank of the United States v. Deveaux,1129 Chief Justice Marshall declared: “That invisible, intangible, and artificial being, that mere legal entity, a corporation aggregate, is certainly not a citizen; and consequently cannot sue or be sued in the courts of the United States, unless the rights of the members, in this respect, can be exercised in their corporate name.” Nevertheless, the Court upheld diversity jurisdiction in the case because the members of the bank as a corporation were citizens of one state and Deveaux was a citizen of another. The holding that corporations were citizens of the states where their stockholders lived was reaffirmed a generation later,1130 but pressures were building for change. While corporations were assuming an ever more prominent economic role, the Strawbridge rule, which foreclosed diversity suits if any plaintiff had common citizenship with any defendant,1131 was working to close the doors of the federal courts to corporations with stockholders in many states.
Deveaux was overruled in 1844, when, after elaborate argument, a divided Court held that “a corporation created by and doing business in a particular state, is to be deemed to all intents and purposes as a person, although an artificial person, an inhabitant of the same state, for the purposes of its incorporation, capable of being treated as a citizen of that state, as much as a natural person.”1132 Ten years later, the Court abandoned this rationale, but it achieved the same result by “indulg[ing] in the fiction that, although a corporation was not itself a citizen for diversity purposes, its shareholders would be conclusively presumed citizens of the incorporating State.”1133 “State of incorporation” remained the guiding rule for determining the place of corporate citizenship until Congress amended the jurisdictional statute in 1958. Concern over growing dockets and companies incorporating in states of convenience then led to a dual citizenship rule whereby “a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.”1134 The right of foreign corporations to resort to federal courts in diversity is not one that the states may condition as a qualification for doing business in the state.1135
Unincorporated associations, such as partnerships, joint stock companies, labor unions, governing boards of institutions, and the like, do not enjoy the same privilege as a corporation; the actual citizenship of each of its members must be considered in determining whether diversity exists.1136
Manufactured Diversity.
A litigant who, because of diver- sity of citizenship, can choose whether to sue in state or federal court, will properly consider where the advantages and disadvantages balance, and if diversity is lacking, a litigant who perceives the balance to favor the federal forum will sometimes attempt to create diversity. In the Judiciary Act of 1789, Congress exempted from diversity jurisdiction suits on choses of action in favor of an assignee unless the suit could have been brought in federal court if no assignment had been made.1137 One could create diversity by a bona fide change of domicile even with the sole motive of creating domicile.1138 Similarly, one could create diversity, or defeat it, by choosing a personal representative of the requisite citizenship.1139 Most attempts to manufacture or create diversity have involved corporations. A corporation cannot get into federal court by transferring its claim to a subsidiary incorporated in another state,1140 and for a time the Supreme Court tended to look askance at collusory incorporations and the creation of dummy corporations for purposes of creating diversity.1141 But, in Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.,1142 it became highly important to the plaintiff company to bring its suit in federal court rather than in a state court. Thus, Black & White, a Kentucky corporation, dissolved itself and obtained a charter as a Tennessee corporation; the only change made was the state of incorporation, the name, officers, shareholders, and location of the business remaining the same. A majority of the Court, over a strong dissent by Justice Holmes,1143 saw no collusion and upheld diversity, meaning that the company won whereas it would have lost had it sued in the state court. Black & White Taxicab probably more than anything led to a reexamination of the decision on the choice of law to be applied in diversity litigation.
The Law Applied in Diversity Cases.
By virtue of § 34 of the Judiciary Act of 1789,1144 state law expressed in constitutional and statutory form was regularly applied in federal courts in diversity actions to govern the disposition of such cases. But, in Swift v. Tyson,1145 Justice Story for the Court ruled that state court decisions were not laws within the meaning of § 34 and though entitled to respect were not binding on federal judges, except with regard to matters of a “local nature,” such as statutes and interpretations thereof pertaining to real estate and other immovables, in contrast to questions of general commercial law as to which the answers were dependent not on “the decisions of the local tribunals, but in the general principles and doctrines of commercial jurisprudence.”1146 The course of decision over the period of almost one hundred years was toward an expansion of the areas in which federal judges were free to construct a federal common law and a concomitant contraction of the definition of “local” laws.1147 Although dissatisfaction with Swift v. Tyson was almost always present, within and without the Court,1148 it was the Court’s decision in Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.1149 that brought disagreement to the strongest point and perhaps precipitated the overruling of Swift v. Tyson in Erie Railroad Co. v. Tompkins.1150
“It is impossible to overstate the importance of the Erie decision. It announces no technical doctrine of procedure or jurisdiction, but goes to the heart of the relations between the Federal Government and the states, and returns to the states a power that had for nearly a century been exercised by the federal government.”1151 Erie was remarkable in a number of ways aside from the doctrine it announced. It reversed a 96-year-old precedent, which counsel had specifically not questioned; it reached a constitutional decision when a statutory interpretation was available though perhaps less desirable; and it marked the only time in United States constitutional history when the Court has held that it had undertaken an unconstitutional action.1152
Tompkins was injured by defendant’s train while he was walking along the tracks. He was a citizen of Pennsylvania, and the railroad was incorporated in New York. Had he sued in a Pennsylvania court, state decisional law was to the effect that, because he was a trespasser, the defendant owned him only a duty not to injure him through wanton or willful misconduct;1153 the general federal law treated him as a licensee who could recover for negligence. Tompkins sued and recovered in federal court in New York and the railroad presented the issue to the Supreme Court as one covered by “local” law within the meaning of Swift v. Tyson. Justice Brandeis for himself and four other Justices, however, chose to overrule the early case.
First, it was argued that Tyson had failed to bring about uniformity of decision and that its application discriminated against citizens of a state by noncitizens. Justice Brandeis cited recent researches1154 indicating that § 34 of the 1789 Act included court decisions in the phrase “laws of the several States.” “If only a question of statutory construction were involved we should not be prepared to abandon a doctrine so widely applied throughout nearly a century. But the unconstitutionality of the course pursued has now been made clear, and compels us to do so.”1155 For a number of reasons, it would not have been wise to have overruled Tyson on the basis of arguable new discoveries.1156
Second, the decision turned on the lack of power vested in Congress to prescribe rules for federal courts in state cases. “There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a State whether they be local in their nature or ‘general,’ be they commercial law or a part of the law of torts. No clause in the Constitution purports to confer such a power upon the federal courts.”1157 But having said this, Justice Brandeis made it clear that the unconstitutional assumption of power had been made not by Congress but by the Court itself. “[W]e do not hold unconstitutional § 34 of the Federal Judiciary Act of 1789 or any other Act of Congress. We merely declare that in applying the doctrine this Court and the lower courts have invaded rights which in our opinion are reserved by the Constitution to the several States.”1158
Third, the rule of Erie replacing Tyson is that “[e]xcept in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State. Whether the law of the State shall be declared by its Legislature in a statute or by its highest court in a decision is not a matter of federal concern.”1159
Since 1938, the effect of Erie has first increased and then diminished, as the nature of the problems presented changed. Thus, the Court at first indicated that not only were the decisions of the highest court of a state binding on a federal diversity court, but also decisions of intermediate appellate courts1160 and courts of first instance,1161 even where the decisions bound no other state judge except as they were persuasive on their merits. It has now retreated from this position, concluding that federal judges are to give careful consideration to lower state court decisions and to old, perhaps outmoded decisions, but that they must find for themselves the state law if the state’s highest court has not spoken definitively within a period that would raise no questions about the continued viability of the decision.1162 In the event of a state supreme court reversal of an earlier decision, the federal courts are, of course, bound by the later decision, and a judgment of a federal district court, correct when rendered, must be reversed on appeal if the state’s highest court in the meantime has changed the applicable law.1163 In diversity cases that present conflicts of law problems, the Court has reiterated that the district court is to apply the law of the state in which it sits, so that in a case in State A in which the law of State B is applicable, perhaps because a contract was made there or a tort was committed there, the federal court is to apply State A’s conception of State B’s law.1164
The greatest difficulty in applying the Erie doctrine has been in cases in which issues of procedure were important.1165 The process was initiated in 1945 when the Court held that a state statute of limitations, which would have barred suit in state court, would bar it in federal court, although as a matter of federal law the case still could have been brought in federal court.1166 The Court regarded the substance-procedure distinction as immaterial. “[S]ince a federal court adjudicating a state-created right solely because of the diversity of citizenship of the parties is for that purpose, in effect, only another court of the State, it cannot afford recovery if the right to recover is made unavailable by the State nor can it substantially affect the enforcement of the right as given by the State.”1167 The standard to be applied was compelled by the “intent” of Erie, which “was to insure that, in all cases where a federal court is exercising jurisdiction solely because of the diversity of citizenship of the parties, the outcome of the litigation in the federal court should be substantially the same, so far as legal rules determine the outcome of a litigation, as it would be if tried in a State court.”1168 The Court’s application of this standard created substantial doubt that the Federal Rules of Civil Procedure had any validity in diversity cases.1169
But, in two later cases, the Court contracted the application of Erie in matters governed by the Federal Rules. Thus, in the earlier case, the Court said that “outcome” was no longer the sole determinant and countervailing considerations expressed in federal policy on the conduct of federal trials should be considered; a state rule making it a question for the judge rather than a jury of a particular defense in a tort action had to yield to a federal policy enunciated through the Seventh Amendment of favoring juries.1170 Some confusion has been injected into consideration of which law to apply— state or federal—in the absence of a federal statute or a Federal Rule of Civil Procedure.1171 In an action for damages, the federal courts were faced with the issue of the application either of a state statute, which gave the appellate division of the state courts the authority to determine if an award is excessive or inadequate if it deviates materially from what would be reasonable compensation, or of a federal judicially created practice of review of awards as so exorbitant that it shocked the conscience of the court. The Court determined that the state statute was both substantive and procedural, which would result in substantial variations between state and federal damage awards depending whether the state or the federal approach was applied; it then followed the mode of analysis exemplified by those cases emphasizing the importance of federal courts reaching the same outcome as would the state courts,1172 rather than what had been the prevailing standard, in which the Court balanced state and federal interests to determine which law to apply.1173 Emphasis upon either approach to considerations of applying state or federal law reflects a continuing difficulty of accommodating “the constitutional power of the states to regulate the relations among their citizens . . . [and] the constitutional power of the Federal Government to determine how its courts are to be operated.”1174 Additional decisions will be required to determine which approach, if either, prevails. The latter ruling simplified the matter greatly. Erie is not to be the proper test when the question is the application of one of the Rules of Civil Procedure; if the rule is valid when measured against the Enabling Act and the Constitution, it is to be applied regardless of state law to the contrary.1175
Although it seems clear that Erie applies in nondiversity cases in which the source of the right sued upon is state law,1176 it is equally clear that Erie is not applicable always in diversity cases whether the nature of the issue be substantive or procedural. Thus, it may be that there is an overriding federal interest which compels national uniformity of rules, such as a case in which the issue is the appropriate rule for determining the liability of a bank which had guaranteed a forged federal check,1177 in which the issue is the appropriate rule for determining whether a tortfeasor is liable to the United States for hospitalization of a soldier and loss of his services1178 and in which the issue is the appropriate rule for determining the validity of a defense raised by a federal officer sued for having libeled one in the course of his official duties.1179 In such cases, when the issue is found to be controlled by federal law, common or otherwise, the result is binding on state courts as well as on federal.1180 Despite, then, Justice Brandeis’ assurance that there is no “federal general common law,” there is a common law existing and developing in the federal courts, even in diversity cases, which will sometimes control decision.1181
Controversies Between Citizens of the Same State Claiming Land Under Grants of Different States
The genesis of this clause was in the report of the Committee of Detail which vested the power to resolve such land disputes in the Senate,1182 but this proposal was defeated in the Convention,1183 which then added this clause to the jurisdiction of the federal judiciary without reported debate.1184 The motivation for this clause was the existence of boundary disputes affecting ten sates at the time the Convention met. With the adoption of the Northwest Ordinance of 1787, the ultimate settlement of the boundary disputes, and the passing of land grants by the states, this clause, never productive of many cases, became obsolete.1185
Controversies Between a State, or the Citizens Thereof, and Foreign States, Citizens, or Subjects
The scope of this jurisdiction has been limited both by judicial decisions and the Eleventh Amendment. By judicial application of the law of nations, a foreign state is immune from suit in the federal courts without its consent,1186 an immunity which extends to suits brought by states of the American Union.1187 Conversely, the Eleventh Amendment has been construed to bar suits by foreign states against a state of the United States.1188 Consequently, the jurisdiction conferred by this clause comprehends only suits brought by a state against citizens or subjects of foreign states, by foreign states against American citizens, citizens of a state against the citizens or subjects of a foreign state, and by aliens against citizens of a state.1189
Suits by Foreign States.
The privilege of a recognized for- eign state to sue in the courts of another state upon the principle of comity is recognized by both international law and American constitutional law.1190 To deny a sovereign this privilege “would manifest a want of comity and friendly feeling.”1191 Although national sovereignty is continuous, a suit in behalf of a national sovereign can be maintained in the courts of the United States only by a government which has been recognized by the political branches of our own government as the authorized government of the foreign state.1192 As the responsible agency for the conduct of foreign affairs, the State Department is the normal means of suggesting to the courts that a sovereign be granted immunity from a particular suit.1193 Once a foreign government avails itself of the privilege of suing in the courts of the United States, it subjects itself to the procedure and rules of decision governing those courts and accepts whatever liabilities the court may decide to be a reasonable incident of bringing the suit.1194 The rule that a foreign nation instituting a suit in a federal district court cannot invoke sovereign immunity as a defense to a counterclaim growing out of the same transaction has been extended to deny a claim of immunity as a defense to a counterclaim extrinsic to the subject matter of the suit but limited to the amount of the sovereign’s claim.1195 Moreover, certain of the benefits extending to a domestic sovereign do not extend to a foreign sovereign suing in the courts of the United States. A foreign state does not receive the benefit of the rule which exempts the United States and its member states from the operation of the statute of limitations, because those considerations of public policy back of the rule are regarded as absent in the case of the foreign sovereign.1196
Indian Tribes.
Within the terms of Article III, an Indian tribe is not a foreign state and hence cannot sue in the courts of the United States. This rule was applied in Cherokee Nation v. Georgia,1197 where Chief Justice Marshall conceded that the Cherokee Nation was a state, but not a foreign state, being a part of the United States and dependent upon it. Other passages of the opinion specify the elements essential of a foreign state for purposes of jurisdiction, such as sovereignty and independence.
Narrow Construction of the Jurisdiction.
As in cases of di- versity jurisdiction, suits brought to the federal courts under this category must clearly state in the record the nature of the parties. As early as 1809, the Supreme Court ruled that a federal court could not take jurisdiction of a cause where the defendants were described in the record as “late of the district of Maryland,” but were not designated as citizens of Maryland, and plaintiffs were described as aliens and subjects of the United Kingdom.1198 The meticulous care manifested in this case appeared twenty years later when the Court narrowly construed § 11 of the Judiciary Act of 1789, vesting the federal courts with jurisdiction when an alien was a party, in order to keep it within the limits of this clause. The judicial power was further held not to extend to private suits in which an alien is a party, unless a citizen is the adverse party.1199 This interpretation was extended in 1870 by a holding that if there is more than one plaintiff or defendant, each plaintiff or defendant must be competent to sue or liable to suit.1200 These rules, however, do not preclude a suit between citizens of the same state if the plaintiffs are merely nominal parties and are suing on behalf of an alien.1201
2 M. Farrand, supra at 430. [Back to text]
The proposal was contained in the Virginia Plan. 1 id. at 21. For the four rejections, see id. at 97–104, 108–10, 138–40, 2 id. at 73–80, 298. [Back to text]
Id. at 328–29, 342–44. Although a truncated version of the proposal was reported by the Committee on Detail, id. at 367, the Convention never took it up. [Back to text]
Id. at 340–41. The proposal was referred to the Committee on Detail and never heard of again. [Back to text]
1 C. Warren, supra at 108–111; 3 CORRESPONDENCE AND PUBLIC PAPERS OF JOHN JAY 633–635 (H. Johnston ed., 1893); Hart & Wechsler (6th ed.), supra at 50–52. [Back to text]
Hayburn’s Case, 2 U.S. (2 Dall.) 409 (1792), discussed “Finality of Judgment as an Attribute of Judicial Power,” supra. [Back to text]
See, e.g., Justice Brandeis dissenting in Ashwander v. TVA, 297 U.S. 288, 341, 345–348 (1936). Cf. Flast v. Cohen, 392 U.S. 83, 97 (1968); Rescue Army v. Municipal Court, 331 U.S. 549, 568–575 (1947). [Back to text]
19 U.S. (6 Wheat.) 264 (1821). [Back to text]
19 U.S. at 378. [Back to text]
Muskrat v. United States, 219 U.S. 346, 356 (1911). [Back to text]
The two terms may be used interchangeably, inasmuch as a “controversy,” if distinguishable from a “case” at all, is so only because it is a less comprehensive word and includes only suits of a civil nature. Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 239 (1937). [Back to text]
Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824). [Back to text]
In re Pacific Ry. Comm’n, 32 F. 241, 255 (C.C. Calif. 1887) (Justice Field). See also Smith v. Adams, 130 U.S. 167, 173–174 (1889). [Back to text]
Aetna Life Ins. Co. v. Haworth, 300 U.S. 229, 240–241 (1937). Cf. Public Service Comm’n v. Wycoff Co., 344 U.S. 237, 242 (1952). [Back to text]
Flast v. Cohen, 392 U.S. 83, 94–95 (1968). [Back to text]
“The jurisdiction of the federal courts can be invoked only under circumstances which to the expert feel of lawyers constitute a ‘case or controversy.’ ” Joint Anti-Fascist Refugee Comm. v. McGrath, 341 U.S. 123, 149, 150 (1951). [Back to text]
Lord v. Veazie, 49 U.S. (8 How.) 251 (1850); Chicago & Grand Trunk Ry. v. Wellman, 143 U.S. 339 (1892); South Spring Hill Gold Mining Co. v. Amador Medean Gold Mining Co., 145 U.S. 300 (1892); California v. San Pablo & T.R.R., 149 U.S. 308 (1893); Tregea v. Modesto Irrigation District, 164 U.S. 179 (1896); Lampasas v. Bell, 180 U.S. 276 (1901); Smith v. Indiana, 191 U.S. 138 (1903); Braxton County Court v. West Virginia, 208 U.S. 192 (1908); Muskrat v. United States, 219 U.S. 346 (1911); United States v. Johnson, 319 U.S. 302 (1943); Moore v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 47 (1971). [Back to text]
219 U.S. 346 (1911). [Back to text]
219 U.S. at 361–62. The Indians obtained the sought-after decision the following year by the simple expedient of suing to enjoin the Secretary of the Interior from enforcing the disputed statute. Gritts v. Fisher, 224 U.S. 640 (1912). Other cases have involved similar problems, but they resulted in decisions on the merits. E.g., Cherokee Intermarriage Cases, 203 U.S. 76 (1906); La Abra Silver Mining Co. v. United States, 175 U.S. 423, 455–463 (1899); South Carolina v. Katzenbach, 383 U.S. 301, 335 (1966); but see id. at 357 (Justice Black dissenting). The principal effect of Muskrat was to put in doubt for several years the validity of any sort of declaratory judgment provision in federal law. [Back to text]
570 U.S. ___, No. 12–307, slip op. (2013). [Back to text]
Pub. L. 104–199, § 3, 110 Stat. 2419, 1 U.S.C. § 7. [Back to text]
The BLAG is a standing body of the House, created by rule, consisting of members of the House Leadership and authorized to direct the House Office of the General Counsel to file suit on its behalf in state or federal court. [Back to text]
Windsor, slip op. at 6–7. [Back to text]
Id. at 10–13. [Back to text]
49 U.S. (8 How.) 251 (1850). [Back to text]
49 U.S. at 254–55. [Back to text]
Chicago & G.T. Ry. v. Wellman, 143 U.S. 339, 345 (1892). [Back to text]
E.g., Hylton v. United States, 3 U.S. (3 Dall.) 171 (1796); Fletcher v. Peck, 10 U.S. (6 Cr.) 87 (1810); Scott v. Sandford, 60 U.S. (19 How.) 393 (1857); cf. 1 C. Warren, supra at 147, 392–95; 2 id. at 279–82. In Powell v. Texas, 392 U.S. 514 (1968), the Court adjudicated on the merits a challenge to the constitutionality of criminal treatment of chronic alcoholics although the findings of the trial court, agreed to by the parties, appeared rather to be “the premises of a syllogism transparently designed to bring this case” within the confines of an earlier enunciated constitutional principle. But adversity arguably still existed. [Back to text]
Examples are naturalization cases, Tutun v. United States, 270 U.S. 568 (1926), entry of judgment by default or on a plea of guilty, In re Metropolitan Ry. Receivership, 208 U.S. 90 (1908), and consideration by the Court of cases in which the Solicitor General confesses error below. Cf. Young v. United States, 315 U.S. 257, 258–259 (1942); Casey v. United States, 343 U.S. 808 (1952); Rosengart v. Laird, 404 U.S. 908 (1972) (Justice White dissenting). See also Sibron v. New York, 392 U.S. 40, 58–59 (1968). [Back to text]
157 U.S. 429 (1895). The first injunction suit by a stockholder to restrain a corporation from paying a tax was apparently Dodge v. Woolsey, 59 U.S. (18 How.) 331 (1856). See also Brushaber v. Union Pac. R.R., 240 U.S. 1 (1916). [Back to text]
Cf. Cheatham v. United States, 92 U.S. 85 (1875); Snyder v. Marks, 109 U.S. 189 (1883). [Back to text]
Smith v. Kansas City Title & Trust Co., 255 U.S. 180 (1921). [Back to text]
Ashwander v. TVA, 297 U.S. 288 (1936). See id. at 341 (Justice Brandeis dissenting in part). [Back to text]
Stern, The Commerce Clause and the National Economy, 59 HARV. L. REV. 645, 667–668 (1948) (detailing the framing of the suit). [Back to text]
Flast v. Cohen, 392 U.S. 83, 99 (1968). This characterization is not the view of the present Court; see Allen v. Wright, 468 U.S. 737, 750, 752, 755–56, 759–61 (1984). In taxpayer suits, it is appropriate to look to the substantive issues to determine whether there is a logical nexus between the status asserted and the claim sought to be adjudicated. Id. at 102; United States v. Richardson, 418 U.S. 166, 174–75 (1974); Duke Power Co. v. Carolina Envtl. Study Group, 438 U.S. 59, 78–79 (1978). [Back to text]
Baker v. Carr, 369 U.S. 186, 204 (1962). That persons or organizations have a personal, ideological interest sufficiently strong to create adverseness is not alone enough to confer standing; rather, the adverseness is the consequence of one being able to satisfy the Article III requisite of injury in fact. Valley Forge Christian College v. Americans United, 454 U.S. 464, 482–486 (1982); Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 225–226 (1974). Nor is the fact that, if plaintiffs have no standing to sue, no one would have standing, a sufficient basis for finding standing. Id. at 227. [Back to text]
Allen v. Wright, 468 U.S. 737, 750 (1984) (quoting Warth v. Seldin, 422 U.S. 490, 498 (1975)). All the standards relating to whether a plaintiff is entitled to adjudication of his claims must be evaluated “by reference to the Art. III notion that federal courts may exercise power only ‘in the last resort, and as a necessity,’ . . . and only when adjudication is ‘consistent with a system of separated powers and [the dispute is one] traditionally thought to be capable of resolution through the judicial process.’ ” Id. at 752 (quoting, respectively, Chicago & G.T. Ry. v. Wellman, 143 U.S. 339, 345 (1892), and Flast v. Cohen, 392 U.S. 83, 97 (1968)). For the strengthening of the separation-of-powers barrier to standing, see Lujan v. Defenders of Wildlife, 504 U.S. 555, 559–60, 571–78 (1992). [Back to text]
E.g., Valley Forge Christian College v. Americans United, 454 U.S. 464, 471–476 (1982); Allen v. Wright, 468 U.S. 737, 750–751 (1984). [Back to text]
C. WRIGHT, HANDBOOK OF THE LAW OF FEDERAL COURTS 60 (4th ed. 1983). [Back to text]
“[T]he concept of ‘Art. III standing’ has not been defined with complete consistency in all of the various cases decided by this Court . . . [and] this very fact is probably proof that the concept cannot be reduced to a one-sentence or one-paragraph definition.” Valley Forge Christian College v. Americans United, 454 U.S. 464, 475 (1982). “Generalizations about standing to sue are largely worthless as such.” Association of Data Processing Service Orgs. v. Camp, 397 U.S. 150, 151 (1970). For extensive consideration of the doctrine, see Hart & Wechsler (6th ed.), supra at 100–183. [Back to text]
Thus, state courts could adjudicate a case brought by a person who had no standing in the federal sense. If the plaintiff lost, he would have no recourse in the U.S. Supreme Court, because of his lack of standing, Tileston v. Ullman, 318 U.S. 44 (1943); Doremus v. Board of Education, 342 U.S. 429 (1952), but if plaintiff prevailed, the losing defendant might be able to appeal, because he might be able to assert sufficient injury to his federal interests. ASARCO Inc. v. Kadish, 490 U.S. 605 (1989). [Back to text]
Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208 (1974). [Back to text]
418 U.S. at 217. See also United States v. Richardson, 418 U.S. 166, 176–77 (1974); Valley Forge Christian College v. Americans United, 454 U.S. 464, 483 (1982); Allen v. Wright, 468 U.S. 737, 754 (1984); Whitmore v. Arkansas, 495 U.S. 149 (1990); Lujan v. Defenders of Wildlife, 504 U.S. 555, 573–77 (1992); Lance v. Coffman, 549 U.S. 437, 441 (2007) (per curiam). Cf. Ex parte Levitt, 302 U.S. 633 (1937); Laird v. Tatum, 408 U.S. 1 (1972). [Back to text]
Massachusetts v. Environmental Protection Agency, 549 U.S. 497, 517, 522 (2007) (internal quotation marks omitted). In this case, “EPA maintain[ed] that because greenhouse gas emissions inflict widespread harm, the doctrine of standing presents an insuperable jurisdictional obstacle.” The Court, however, found that “EPA’s steadfast refusal to regulate greenhouse gas emissions presents a risk of harm to Massachusetts that is both ‘actual’ and ‘imminent.’ ” Id. at 517, 521. [Back to text]
Usually cited as Massachusetts v. Mellon, 262 U.S. 447 (1923), the two suits having been consolidated. [Back to text]
262 U.S. at 487, 488. In Hein v. Freedom from Religion Foundation, Inc., 127 S. Ct. 2553, 2559 (2007), the Court added that, “if every federal taxpayer could sue to challenge any Government expenditure, the federal courts would cease to function as courts of law and would be cast in the role of general complaint bureaus.” [Back to text]
392 U.S. 83 (1968). [Back to text]
392 U.S. at 105. [Back to text]
United States v. Richardson, 418 U.S. 166 (1974); Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 227–28 (1974). Richardson in its generalized grievance constriction does not apply when Congress confers standing on litigants. FEC v. Akins, 524 U.S. 11 (1998). When Congress confers standing on “any person aggrieved” by the denial of information required to be furnished them, it matters not that most people will be entitled and will thus suffer a “generalized grievance,” the statutory entitlement is sufficient. Id. at 21–25. [Back to text]
Valley Forge Christian College v. Americans United, 454 U.S. 464 (1982). In Lewis v. Casey, 518 U.S. 343, 353 n.3 (1996), the Court played down the “serious and adversarial treatment” prong of standing and strongly reasserted the separation-of-powers value of keeping courts within traditional bounds. The Court again took this approach in Hein v. Freedom From Religion Foundation, Inc., 127 S. Ct. 2553, 2569 (2007), finding that “Flast itself gave too little weight to [separation-of-powers] concerns.” [Back to text]
DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 347–49 (2006) (standing denied to taxpayer claim that state tax credit given to vehicle manufacturer violated the Commerce Clause). [Back to text]
Hein v. Freedom From Religion Foundation, Inc., 127 S. Ct. 2553, 2559 (2007). This decision does not affect Establishment Clause cases in which the plaintiff can allege a personal injury. A plaintiff who challenges a government display of a religious object, for example, need not sue as a taxpayer but may have standing “by alleging that he has undertaken a ‘special burden’ or has altered his behavior to avoid the object that gives him offense. . . . [I]t is enough for standing purposes that a plaintiff allege that he ‘must come into direct and unwelcome contact with the religious display to participate fully as [a] citizen[ ] . . . and to fulfill . . . legal obligations.’ ” Books v. Elkhart County, 401 F.3d 857, 861 (7th Cir. 2005). In Van Orden v. Perry, 545 U.S. 677, 682 (2005), the Court, without mentioning standing, noted that the plaintiff “has encountered the Ten Commandments monument during his frequent visits to the [Texas State] Capitol grounds. His visits are typically for the purpose of using the law library in the Supreme Court building, which is located just northwest of the Capitol building.” [Back to text]
127 S. Ct. at 2568 (citations omitted). Justices Scalia and Thomas concurred in the judgment but would have overruled Flast. Justice Souter, joined by three other justices, dissented because he saw no logic in the distinction the plurality drew, as the plurality did not and could not have suggested that the taxpayers in Hein “have any less stake in the outcome than the taxpayers in Flast.” Id. at 2584. [Back to text]
330 U.S. 1 (1947). In DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 349 (2006), the Court held that a plaintiff ’s status as a municipal taxpayer does not give him standing to challenge a state tax credit. [Back to text]
See Bradfield v. Roberts, 175 U.S. 291, 295 (1899); Crampton v. Zabriskie, 101 U.S. 601 (1880); Heim v. McCall, 239 U.S. 175 (1915). See also Illinois ex rel. McCollum v. Board of Education, 333 U.S. 203 (1948); Zorach v. Clauson, 343 U.S. 306 (1952); Engel v. Vitale, 370 U.S. 421 (1962) (plaintiffs suing as parents and taxpayers). [Back to text]
342 U.S. 429 (1952). Compare Alder v. Board of Education, 342 U.S. 485 (1952). See also Richardson v. Ramirez, 418 U.S. 24 (1974). [Back to text]
342 U.S. at 434, quoting Massachusetts v. Mellon, 262 U.S. 447, 488 (1923); quoted with approval in DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 345 (2006). [Back to text]
See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61 (1992). Importantly, standing is not “dispensed in gross,” and, accordingly, a plaintiff must demonstrate standing for each claim “he seeks to press and for each form of relief that is sought.” See Davis v. FEC, 554 U.S. 724, 734 (2008). Moreover, when there are multiple parties to a lawsuit brought in federal court, “[f]or all relief sought, there must be a litigant with standing, whether that litigant joins the lawsuit as a plaintiff, a coplaintiff, or an intervenor as of right.” See Town of Chester v. Laroe Estates, Inc., 581 U.S. ___, No. 16–605, slip. op. at 6 (2017). [Back to text]
Alabama Power Co. v. Ickes, 302 U.S. 464, 479 (1938). Cf. Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 151–152 (1951) (Justice Frankfurter concurring). But see Frost v. Corporation Comm’n, 278 U.S. 515 (1929); City of Chicago v. Atchison, T. & S.F. Ry., 357 U.S. 77 (1958). [Back to text]
Tennessee Electric Power Co. v. TVA, 306 U.S. 118, 137–138 (1939). [Back to text]
C. Wright, supra at 65–66. [Back to text]
E.g., Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951) (indirect injury to organization and members by governmental maintenance of list of subversive organizations); NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958) (same); Abington School Dist. v. Schempp, 374 U.S. 203, 224 n.9 (1963) (parents and school children challenging school prayers); McGowan v. Maryland, 366 U.S. 420, 430–431 (1961) (merchants challenging Sunday closing laws); Baker v. Carr, 369 U.S. 186, 204–208 (1962) (voting rights). [Back to text]
Ass’n of Data Processing Service Org. v. Camp, 397 U.S. 150 (1970); Barlow v. Collins, 397 U.S. 159 (1970). The “zone of interest” test is a prudential rather than constitutional standard. The Court sometimes uses other language to characterize this test. Thus, in Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992), the Court refers to injury in fact as “an invasion of a legally protected interest,” but in context, here and in the cases cited, it is clear the reference is to any interest that the Court finds protectable under the Constitution, statutes, or regulations. [Back to text]
Department of Commerce v. United States House of Representatives, 525 U.S. 316 (1999). [Back to text]
E.g., Lujan v. Defenders of Wildlife, 504 U.S. 555, 563 (1992); Lujan v. National Wildlife Federation, 497 U.S. 871, 885 (1991); Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 72–74 (1978); Village of Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252, 261–263 (1977); Singleton v. Wulff, 428 U.S. 106, 112–113 (1976); Warth v. Seldin, 422 U.S. 490, 498–499 (1975); O’Shea v. Littleton, 414 U.S. 488, 493–494 (1974); Linda R.S. v. Richard D., 410 U.S. 614, 617–618 (1973). [Back to text]
Summers v. Earth Island Institute, 129 S. Ct. 1142, 1151 (2009) (environmental group that was denied the opportunity to file comments with the United States Forest Service regarding a Forest Service action denied standing for lack of concrete injury). On the other hand, where a party has successfully established a legal right, a threat to the enforcement of that legal right gives rise to a separate legal injury. Salazar v. Buono, 559 U.S. ___, No. 08–472, slip op. at 8 (2010) (plurality opinion) (“A party that obtains a judgment in its favor acquires a ‘judicially cognizable’ interest in ensuring compliance with that judgment”). [Back to text]
See Spokeo, Inc. v. Robins, 578 U.S. ___, No. 13–1339, slip op. at 9 (2016). The phrase “chains of causation” originates from Justice Kennedy’s concurrence in Lujan, in which he states that in order to properly define an injury that can be vindicated in an Article III court, “Congress must . . . identify the injury it seeks to vindicate and relate the injury to the class of persons entitled to bring suit.” 504 U.S. at 580 (Kennedy, J., concurring). [Back to text]
Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205 (1972); Gladstone Realtors v. Village of Bellwood, 441 U.S. 91 (1979); Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982). [Back to text]
That the injury was widely shared did not make the claimed injury a “generalized grievance,” the Court held, but rather in this case, as in others, the denial of the statutory right was found to be a concrete harm to each member of the class. [Back to text]
Sierra Club v. Morton, 405 U.S. 727, 735 (1972); United States v. SCRAP, 412 U.S. 669, 687–88 (1973); Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 72–74 (1978). But the Court has refused to credit general allegations of injury untied to specific governmental actions. E.g., Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992); Lujan v. National Wildlife Federation, 497 U.S. 871 (1990). SCRAP in particular is disfavored as too broad. Lujan v. Defenders of Wildlife, 504 U.S. at 566. Moreover, unlike the situation in taxpayer suits, there is no requirement of a nexus between the injuries claimed and the constitutional rights asserted. In Duke Power, 438 U.S. at 78–81, claimed environmental and health injuries grew out of construction and operation of nuclear power plants but were not directly related to the governmental action challenged, the limitation of liability and indemnification in cases of nuclear accident. See also Metropolitan Washington Airports Auth. v. Citizens for the Abatement of Aircraft Noise, 501 U.S. 252, 264–65 (1991); Friends of the Earth v. Laidlaw Envtl. Servs., 528 U.S. 167 (2000). [Back to text]
Vermont Agency of Nat. Res. v. United States ex rel. Stevens, 529 U.S. 765 (2000). The Court confirmed its conclusion by reference to the long tradition of qui tam actions, since the Constitution’s restriction of judicial power to “cases” and “controversies” has been interpreted to mean “cases and controversies of the sort traditionally amenable to, and resolved by, the judicial process.” Id. at 774. [Back to text]
Sprint Communications Co., L.P. v. APCC Services, Inc., 128 S. Ct. 2531 (2008) (payphone operators had assigned claims against long-distance carriers to “aggregators” to sue on their behalf). Chief Justice Roberts, in a dissent joined by Justices Scalia, Thomas, and Alito, stated that the aggregators lacked standing because they “have nothing to gain from their lawsuit.” Id. at 2549. [Back to text]
128 S. Ct. at 2543. [Back to text]
Under the relevant provisions of the California Elections Code , “ ‘[p]roponents of an initiative or referendum measure’ means . . . the elector or electors who submit the text of a proposed initiative or referendum to the Attorney General . . . ; or . . . the person or persons who publish a notice of intention to circulate petitions, or, where publication is not required, who file petitions with the elections official or legislative body.”C AL. ELEC. CODE § 342 (West 2003). [Back to text]
Hollingsworth, slip op. at 7–9. [Back to text]
California’s governor and state and local officials declined to defend Proposition 8 in federal district court, so the proponents were allowed to intervene. After the federal district court held the proposition unconstitutional, the government officials elected not to appeal, so the proponents did. The federal court of appeals certified a question to the California Supreme Court on whether the official proponents of the proposition had the authority to assert the state’s interest in defending the constitutionality of Proposition 8, see Perry v. Schwarzenegger, 628 F.3d 1191, 1193 (2011), which was answered in the affirmative, see Perry v. Brown, 265 P.3d 1002, 1007 (Cal. 2011). [Back to text]
See Hollingsworth, slip op. at 12 (citing Karcher v. May, 484 U.S. 72 (1987)). [Back to text]
The Court noted that an essential feature of agency is the principal’s right to control the agent’s actions. Here, the proponents “decided what arguments to make and how to make them.” Id. at 15. The Court also noted that the proponents were not elected to their position, took no oath, had no fiduciary duty to the people of California, and were not subject to removal. Id. [Back to text]
See “Generalized or Widespread Injuries,” supra. [Back to text]
Compare Warth v. Seldin, 422 U.S. 490, 499–500 (1975) (prudential), with Valley Forge Christian College v. Americans United, 454 U.S. 464, 485, 490 (1982) (apparently constitutional). In Allen v. Wright, 468 U.S. 737, 751 (1984), it is again prudential. [Back to text]
See generally Summers v. Earth Island Inst., 555 U.S. 488, 496 (2009) (“[D]e-privation of a . . . right without some concrete interest that is affected by the deprivation . . . is insufficient to create Article III standing.”); see, e.g., Cal. Bankers Ass’n v. Shultz, 416 U.S. 21, 73 (1974) (plaintiffs alleged that Treasury regulations would require them to report currency transactions, but made no additional allegation that any of the information required by the Secretary will tend to incriminate them). [Back to text]
408 U.S. 1, 14–15 (1972). [Back to text]
See 578 U.S. ___, No. 13–1339, slip op. at 8–10 (2016). Nonetheless, the Spokeo Court cautioned that “intangible” injuries, such as violations of constitutional rights like freedom of speech or the free exercise of religion, can amount to “concrete” injuries. Id. at 8–9 (“ ‘Concrete’ is not, however, necessarily synonymous with ‘tangible.’ ”). In determining whether an intangible harm amounts to a concrete injury, the Court noted that history and the judgment of Congress can inform a court’s conclusion about whether a particular plaintiff has standing. Id. at 9. [Back to text]
See City of Los Angeles v. Lyons, 461 U.S. 95, 110 (1983) (holding that a victim of a police chokehold seeking injunctive relief was unable to show sufficient likelihood of recurrence as to him). [Back to text]
See Davis v. FEC, 554 U.S. 724, 734 (2008) (“[T]he injury required for standing need not be actualized. A party facing prospective injury has standing to sue where the threatened injury is real, immediate, and direct.”). [Back to text]
See, e.g., Rizzo v. Goode, 423 U.S. 362, 372 (1976) (“[I]ndividual respondents’ claim to ‘real and immediate’ injury rests not upon what the named petitioners might do to them in the future . . . but upon what one of a small, unnamed minority of policemen might do to them in the future because of that unknown policeman’s perception of departmental disciplinary procedures.”); O’Shea v. Littleton, 414 U.S. 488, 497 (1974) (no “sufficient immediacy and reality” to allegations of future injury that rest on the likelihood that plaintiffs will again be subjected to racially discriminatory enforcement and administration of criminal justice). [Back to text]
568 U.S. ___, No. 11–205, slip op. at 10–11 (2013). In adopting a “certainly impending” standard, the five-Justice majority observed that earlier cases had not uniformly required literal certainty. Id. at 15 n.5. Amnesty International‘s limitation on standing may be particularly notable in certain contexts, such as national security, where evidence necessary to prove a “certainly impending” injury may be unavailable to a plaintiff. [Back to text]
Id. at 10–11. In Amnesty International, defense attorneys, human rights organizations, and others challenged prospective, covert surveillance of the communications of certain foreign nationals abroad as authorized by the FISA Amendments Act of 2008. The Court found the plaintiffs lacked standing because they failed to show, inter alia, what the government’s targeting practices would be, what legal authority the government would use to monitor any of the plaintiffs’ overseas clients or contacts, whether any approved surveillance would be successful, and whether the plaintiffs’ own communications from within the United States would incidentally be acquired. Id. at 11–15. Moreover, the Court rejected that the plaintiffs could demonstrate an injury-in-fact as a result of costs that they had incurred to guard against a reasonable fear of future harm (such as, travel expenses to conduct in person conversations abroad in lieu of conducting less costly electronic communications that might be more susceptible to surveillance) because those costs were the result of an injury that was not certainly impending. Id. at 16–19. [Back to text]
Relying on Amnesty International, the Court in Susan B. Anthony List held that an allegation of future injury may suffice if the injury is “ ‘certainly impending’ or there is a ‘substantial risk’ that the harm may occur.” Id. at 8 (quoting Amnesty Int’l, slip op. at 10, 15, n.5). Interestingly, while previous Court decisions have viewed preenforcement challenges as a question of “ripeness,” see Article III: Section 2. Judicial Power and Jurisdiction: Clause 1. Cases and Controversies; Grants of Jurisdiction: Judicial Power and Jurisdiction-Cases and Controversies: The Requirements of a Real Interest: Ripeness, infra, Susan B. Anthony List held that the doctrine of ripeness ultimately “boil[s] down to the same question” as standing and, therefore, viewed the case through the lens of Article III standing. Susan B. Anthony List, slip op. at 7 n.5. [Back to text]
Susan B. Anthony List, slip op. at 14–17 (internal quotation marks omitted). [Back to text]
See Lujan v. Defs. of Wildlife, 504 U.S. 555, 595 (1992); see also ASARCO Inc. v. Kadish, 490 U.S. 605, 612–617 (1989) (plurality opinion); Allen v. Wright, 468 U.S. 737, 751 (1984); see, e.g., Wittman v. Personhuballah, 578 U.S. ___, No. 14–1504, slip op. at 4–5 (2016) (dismissing a challenge to a redistricting plan by a congressman, who conceded that regardless of the result of the case he would not run in his old district, as any injury suffered could not be redressed by a favorable ruling). Although “causation” and “redressability” were initially articulated as two facets of a single requirement, the Court now views them as separate inquiries. See Sprint Commc’ns Co., L.P. v. APCC Servs., 554 U.S. 269, 286–87 (2008). To the extent there is a difference, it is that the former examines a causal connection between the allegedly unlawful conduct and the injury, whereas the latter examines the causal connection between the alleged injury and the judicial relief requested. Id. [Back to text]
Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26 (1976). See also Linda R.S. v. Richard D., 410 U.S. 614 (1973) (mother of illegitimate child lacked standing to contest prosecutorial policy of using child support laws to coerce support of legitimate children only, as it was “only speculative” that prosecution of father would result in support rather than jailing). However, in Summers v. Earth Island Inst., 129 S. Ct. 1142, 1151 (2009), the Court noted in dicta that, if a plaintiff is denied a procedural right, the fact that the right had been accorded by Congress “can loosen the strictures of the redressability prong of our standing inquiry.” Thus, standing may exist even though a court’s enforcing a procedural right accorded by Congress, such as the right to comment on a proposed federal agency action, will not guarantee the plaintiff success in persuading the agency to adopt the plaintiff ’s point of view. [Back to text]
Warth v. Seldin, 422 U.S. 490 (1975). In Village of Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252, 264 (1974), however, a person who alleged he was seeking housing in the community and that he would qualify if the organizational plaintiff were not inhibited by allegedly racially discriminatory zoning laws from constructing housing for low-income persons like himself was held to have shown a “substantial probability” that voiding of the ordinance would benefit him. [Back to text]
Allen v. Wright, 468 U.S. 737 (1984). But see Heckler v. Mathews, 465 U.S. 728 (1984), where persons denied equal treatment in conferral of benefits were held to have standing to challenge the treatment, although a judicial order could only have terminated benefits to the favored class. In that event, members would have secured relief in the form of equal treatment, even if they did not receive benefits. See also Arkansas Writers’ Project, Inc. v. Ragland, 481 U.S. 221 (1987); Orr v. Orr, 440 U.S. 268, 271–273 (1979). [Back to text]
Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 72–78 1978). The likelihood of relief in some cases appears to be rather speculative at best. E/g., Bryant v. Yellen, 447 U.S. 352, 366–368 (1980); Watt v. Energy Action Educational Foundation, 454 U.S. 151, 160–162 (1981). [Back to text]
See Czyzewski v. Jevic Holding Corp., 580 U.S. ___, No. 15–649, slip op. at 11 (2017) (holding that the “mere possibility” that a plaintiff ’s injury will not be remedied by a favorable decision is insufficient to conclude the plaintiff lacks standing because of want of redressability); see also Clinton v. City of New York, 524 U.S. 417, 430–31 (1998) (holding that the imposition of a “substantial contingent liability” qualifies as an injury for purposes of Article III standing). [Back to text]
Warth v. Seldin, 422 U.S. 490, 505 (1975); Allen v. Wright, 468 U.S. 737, 756–761 (1984). [Back to text]
Thus, it appears that had the Court applied its standard in the current case, the results would have been different in such cases as Linda R. S. v. Richard D., 410 U.S. 614 (1973); Warth v. Seldin, 422 U.S. 490 (1975); Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26 (1976); Allen v. Wright, 468 U.S. 737 (1984). [Back to text]
Northeastern Fla. Ch. of the Associated Gen. Contractors v. City of Jacksonville, 508 U.S. 656, 666 (1993). The Court derived the proposition from another set of cases. Turner v. Fouche, 396 U.S. 346 (1970); Clements v. Fashing, 457 U.S. 957 (1982); Regents of the Univ. of California v. Bakke, 438 U.S. 265, 281 n.14 (1978). [Back to text]
508 U.S. at 666. But see, in the context of ripeness, Reno v. Catholic Social Services, Inc., 509 U.S. 43 (1993), in which the Court, over the dissent’s reliance on Jacksonville, 509 U.S. at 81–82, denied the relevance of its distinction between entitlement to a benefit and equal treatment. Id. at 58 n.19. [Back to text]
Friends of the Earth v. Laidlaw Envtl. Servs., 528 U.S. 167, 187 (2000). [Back to text]
Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 99–100 (1979) (“a plaintiff may still lack standing under the prudential principles by which the judiciary seeks to avoid deciding questions of broad social import where no individual rights would be vindicated and to limit access to the federal courts to those litigants best suited to assert a particular claim”). [Back to text]
Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians v. Patchak, 567 U.S. ___, No. 11–246, slip op. at 15 (2010). [Back to text]
Warth v. Seldin, 422 U.S. 490, 500–501 (1975); Craig v. Boren, 429 U.S. 190, 193–194 (1976). [Back to text]
“Congress may grant an express right of action to persons who otherwise would be barred by prudential standing rules. Of course, Art. III’s requirement remains: the plaintiff still must allege a distinct and palpable injury to himself, even if it is an injury shared by a large class of other possible litigants.” Warth v. Seldin, 422 U.S. 490, 501 (1975). That is, the actual or threatened injury required may exist solely by virtue of “statutes creating legal rights, the invasion of which creates standing, even though no injury would exist without the statute.” Linda R.S. v. Richard D., 410 U.S. 614, 617 n. 3 (1973); O’Shea v. Littleton, 414 U.S. 488, 493 n.2 (1974). Examples include United States v. SCRAP, 412 U.S. 669 (1973); Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205 (1972); Gladstone Realtors v. Village of Bellwood, 441 U.S. 91 (1979). See also Buckley v. Valeo, 424 U.S. 1, 8 n.4, 11–12 (1976). For a good example of the congressionally created interest and the injury to it, see Havens Realty Corp. v. Coleman, 455 U.S. 363, 373–75 (1982) (Fair Housing Act created right to truthful information on availability of housing; black tester’s right injured through false information, but white tester not injured because he received truthful information). It is clear, however, that the Court will impose separation-of-powers restraints on the power of Congress to create interests to which injury would give standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 571–78 (1992). Justice Scalia, who wrote the opinion in Defenders of Wildlife, reiterated the separation-of-powers objection to congressional conferral of standing in FEC v. Akins, 524 U.S. 11, 29, 36 (1998) (alleged infringement of President’s “take care” obligation), but this time in dissent; the Court did not advert to this objection in finding that Congress had provided for standing based on denial of information to which the plaintiffs, as voters, were entitled. [Back to text]
Valley Forge Christian College v. Americans United, 454 U.S. 464, 474–75 (1982); Allen v. Wright, 468 U.S. 737, 751 (1984). [Back to text]
Ass’n of Data Processing Service Org. v. Camp, 397 U.S. 150, 153 (1970); Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 39 n.19 (1976); Valley Forge Christian College v. Americans United, 454 U.S. 464, 475 (1982); Clarke v. Securities Industry Ass’n, 479 U.S. 388 (1987). See also Bennett v. Spear, 520 U.S. 154 (1997). The Court has indicated that [Back to text]
United States v. Richardson, 418 U.S. 166, 173, 174–76 (1974); Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 80 (1978); Allen v. Wright, 468 U.S. 737, 751 (1984). In United States v. SCRAP, 412 U.S. 669, 687–88 (1973), a congressional conferral case, the Court agreed that the interest asserted was one shared by all, but the Court has disparaged SCRAP, asserting that it “surely went to the very outer limit of the law,” Whitmore v. Arkansas, 495 U.S. 149, 159 (1990). [Back to text]
United States v. Raines, 362 U.S. 17, 21–23 (1960); Yazoo & M.V.R.R. v. Jackson Vinegar Co., 226 U.S. 217 (1912). Cf. Bender v. Williamsport Area School Dist., 475 U.S. 534 (1986). [Back to text]
318 U.S. 44 (1943). See Warth v. Seldin, 422 U.S. 490, 508–510 (1975) (challenged law did not adversely affect plaintiffs and did not adversely affect a relationship between them and persons they sought to represent). [Back to text]
See also Buchanan v. Warley, 245 U.S. 60 (1917) (white plaintiff suing for specific performance of a contract to convey property to a black had standing to contest constitutionality of ordinance barring sale of property to “colored” people, inasmuch as black defendant was relying on ordinance as his defense); Sullivan v. Little Hunting Park, 396 U.S. 229 (1969) (white assignor of membership in discriminatory private club could raise rights of black assignee in seeking injunction against expulsion from club). [Back to text]
E.g., Griswold v. Connecticut, 381 U.S. 479 (1965) (persons convicted of prescribing contraceptives for married persons and as accessories to crime of using contraceptives have standing to raise constitutional rights of patients with whom they had a professional relationship; although use of contraceptives was a crime, it was doubtful any married couple would be prosecuted so that they could challenge the statute); Eisenstadt v. Baird, 405 U.S. 438 (1972) (advocate of contraception convicted of giving device to unmarried woman had standing to assert rights of unmarried persons denied access; unmarried persons were not subject to prosecution and were thus impaired in their ability to gain a forum to assert their rights). [Back to text]
E.g., Doe v. Bolton, 410 U.S. 179, 188–189 (1973) (doctors have standing to challenge abortion statute since it operates directly against them and they should not have to await criminal prosecution to challenge it); Planned Parenthood v. Danforth, 428 U.S. 52, 62 (1976) (same); Craig v. Boren, 429 U.S. 190, 192–197 (1976) (licensed beer distributor could contest sex discriminatory alcohol laws because it operated on him, he suffered injury in fact, and was “obvious claimant” to raise issue); Carey v. Population Services Int’l, 431 U.S. 678, 682–84 (1977) (vendor of contraceptives had standing to bring action to challenge law limiting distribution). Older cases support the proposition. See, e.g., Pierce v. Society of Sisters, 268 U.S. 510 (1925); Bantam Books v. Sullivan, 372 U.S. 58 (1963). [Back to text]
Holland v. Illinois, 493 U.S. 474 (1990) (white defendant had standing to raise a Sixth Amendment challenge to exclusion of blacks from his jury, since defendant had a right to a jury comprised of a fair cross section of the community). The Court has expanded the rights of non-minority defendants to challenge the exclusion of minorities from petit and grand juries, both on the basis of the injury-in-fact to defendants and because the standards for being able to assert the rights of third parties were met. Powers v. Ohio, 499 U.S. 400 (1991); Campbell v. Louisiana, 523 U.S. 392 (1998). [Back to text]
Compare 428 U.S. at 112–18 (Justices Blackmun, Brennan, White, and Marshall), with id. at 123–31 (Justices Powell, Stewart, and Rehnquist, and Chief Justice Burger). Justice Stevens concurred with the former four Justices on narrower grounds limited to this case. [Back to text]
Caplin & Drysdale v. United States, 491 U.S. 617, 623–624 n.3 (1989). Caplin & Drysdale was distinguished in Kowalski v. Tesmer, 543 U.S. 123, 131 (2004), the Court’s finding that attorneys seeking to represent hypothetical indigent clients in challenging procedures for appointing appellate counsel had “no relationship at all” with such potential clients, let alone a “close” relationship. [Back to text]
See Kowalski v. Tesmer, 543 U.S. 125, 130 (2004); see also Powers v. Ohio, 499 U.S. 400, 411 (1991). The Court has held that a parent-child relationship “easily satisfies” the “close relationship” requirement for “next friend” standing. See Sessions v. Morales-Santana, 582 U.S. ___, No. 15–1191, slip. op. at 7 (2017). [Back to text]
See Whitmore v. Arkansas, 495 U.S. 149, 163 (1990) (rejecting “next friend” standing for a death row inmate who knowlingly, intelligently, and voluntarily chose not to appeal his sentence); see also Morales-Santana, 582 U.S. ___, slip. op. at 7 (2017) (holding that the death of the real party in interest meets the “hindrance” requirement for “next friend” standing). [Back to text]
United States v. Raines, 362 U.S. 17, 21–24 (1960). [Back to text]
Lanzetta v. New Jersey, 306 U.S. 451 (1939); Thornhill v. Alabama, 310 U.S. 88 (1940); Winters v. New York, 333 U.S. 507 (1948); Dombrowski v. Pfister, 380 U.S. 479, 486–487 (1965); Gooding v. Wilson, 405 U.S. 518 (1972); Lewis v. City of New Orleans, 415 U.S. 130 (1974). The Court has narrowed its overbreadth doctrine, though not consistently, in recent years. Broadrick v. Oklahoma, 413 U.S. 601 (1973); Young v. American Mini Theatres, 427 U.S. 50, 59–60 (1976), and id. at 73 (Justice Powell concurring); New York v. Ferber, 458 U.S. 747, 771–773 (1982). But the exception as stated in the text remains strong. E.g., Secretary of State v. Joseph H. Munson Co., 467 U.S. 947 (1984); Virginia v. American Booksellers Ass’n, 484 U.S. 383 (1988). [Back to text]
See, e.g., INS v. Chadha, 462 U.S. 919 (1983); Bowsher v. Synar, 478 U.S. 714 (1986);Clinton v. City of New York, 524 U.S. 417 (1998). [Back to text]
564 U.S. ___, No. 09–1227, slip op. (2011). [Back to text]
The defendant, in an attempt to harass a woman who had become impregnated by the defendant’s husband, had placed caustic substances on objects the woman was likely to touch. The defendant was convicted under 18 U.S.C. § 229, a broad prohibition against the use of harmful chemicals, enacted as part of the implementation of the 1997 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. The specifics of the defendant’s Tenth Amendment argument was not before the Court. [Back to text]
564 U.S. ___, No. 09–1227, slip op. at 10. [Back to text]
Sierra Club v. Morton, 401 U.S. 727 (1972). An organization may, of course, sue to redress injuries to itself. See Havens Realty Co. v. Coleman, 455 U.S. 363, 378–379 (1982). [Back to text]
E.g., Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951); NAACP v. Alabama ex rel Patterson, 357 U.S. 449 (1958); NAACP v. Button, 371 U.S. 415 (1963); Brotherhood of Railroad Trainmen v. Virginia, 377 U.S. 1 (1964); United Mine Workers v. Illinois State Bar Ass’n, 389 U.S. 217 (1967); United Transportation Union v. State Bar of Michigan, 401 U.S. 576 (1971). [Back to text]
432 U.S. 333, 343 (1977). The organization here was not a voluntary membership entity but a state agency charged with furthering the interests of apple growers who were assessed annual sums to support the Commission. Id. at 341–45. See also Warth v. Seldin, 422 U.S. 490, 510–17 (1975); Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 39–40 (1976); Village of Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252, 263–264 (1977); Harris v. McRae, 448 U.S. 297, 321 (1980); International Union, UAW v. Brock, 477 U.S. 274 (1986). [Back to text]
United States Parole Comm’n v. Geraghty, 445 U.S. 388 (1980). Geraghty was a mootness case. [Back to text]
Louisiana v. Texas, 176 U.S. 1 (1900) (recognizing the propriety of parens patriae suits but denying it in this particular suit). [Back to text]
Massachusetts v. Mellon, 262 U.S. 447, 485–486 (1923). But see South Carolina v. Katzenbach, 383 U.S. 301 (1966) (denying such standing to raise two constitutional claims against the United States but deciding a third); Oregon v. Mitchell, 400 U.S. 112, 117 n.1 (1970) (no question raised about standing or jurisdiction; claims adjudicated). [Back to text]
Missouri v. Illinois, 180 U.S. 208 (1901); Kansas v. Colorado, 206 U.S. 46 (1907); Georgia v. Tennessee Copper Co., 206 U.S. 230 (1907); New York v. New Jersey, 256 U.S. 296 (1921); Pennsylvania v. West Virginia, 262 U.S. 553 (1923); North Dakota v. Minnesota, 263 U.S. 365 (1923). [Back to text]
Georgia v. Pennsylvania R. Co., 324 U.S. 439 (1945) (antitrust); Maryland v. Louisiana, 451 U.S. 725, 737–739 (1981) (discriminatory state taxation of natural gas shipped to out-of-state customers); Alfred L. Snapp & Son v. Puerto Rico ex rel. Barez, 458 U.S. 592 (1982) (discrimination by growers against Puerto Rican migrant workers and denial of Commonwealth’s opportunity to participate in federal employment service laws). [Back to text]
New Hampshire v. Louisiana, 108 U.S. 76 (1883); Oklahoma ex rel. Johnson v. Cook, 304 U.S. 387 (1938); Oklahoma v. Atchison, T. & S.F. Ry., 220 U.S. 277 (1911); North Dakota v. Minnesota, 263 U.S. 365, 376 (1923); Pennsylvania v. New Jersey, 426 U.S. 660 (1976). [Back to text]
Alfred L. Snapp & Son v. Puerto Rico ex rel. Barez, 458 U.S. 592, 607–08 (1982). Justice Brennan, joined by Justices Marshall, Blackmun, and Stevens, argued that the Court’s standards should apply only in original actions and not in actions filed in federal district courts, where, they contended, the prerogative of a state to bring suit on behalf of its citizens should be commensurate with the ability of private organizations to do so. Id. at 610. The Court admitted that different considerations might apply between original actions and district court suits. Id. at 603 n.12. [Back to text]
Member standing has not fared well in other Circuits. Holtzman v. Schlesinger, 484 F.2d 1307 (2d Cir. 1973), cert. denied, 416 U.S. 936 (1974); Harrington v. Schlesinger, 528 F.2d 455 (4th Cir. 1975). [Back to text]
Raines v. Byrd, 521 U.S. 811 (1997). In Coleman v. Miller, 307 U.S. 433, 438 (1939), the Court had recognized that legislators can in some instances suffer an injury in respect to the effectiveness of their votes that will confer standing. In Pressler v. Blumenthal, 434 U.S. 1028 (1978), affg, 428 F. Supp. 302 (D.D.C. 1976) (three-judge court), the Court affirmed a decision in which the lower court had found Member standing but had then decided against the Member on the merits. The “unexplicated affirmance” could have reflected disagreement with the lower court on standing or agreement with it on the merits. Note Justice Rehnquist’s appended statement. Id. In Goldwater v. Carter, 444 U.S. 996 (1979), the Court vacated a decision, in which the lower Court had found Member standing, and directed dismissal, but none of the Justices who addressed the question of standing. The opportunity to consider Member standing was strongly pressed in Burke v. Barnes, 479 U.S. 361 (1987), but the expiration of the law in issue mooted the case. [Back to text]
Reuss v. Balles, 584 F.2d 461, 466 (D.C. Cir. 1978), cert. denied, 439 U.S. 997 (1978). [Back to text]
See, e.g., Wittman v. Personhuballah, 578 U.S. ___, No. 14–1504, slip op. at 6 (2016) (concluding that two congressmen could not invoke federal jurisdiction to challenge a redistricting plan when they could not provide any evidence that the plan might injure their reelection chances). [Back to text]
Mitchell v. Laird, 488 F.2d 611 (D.C. Cir. 1973). [Back to text]
511 F.2d 430 (D.C. Cir. 1974). In Barnes v. Kline, 759 F.2d 21 (D.C. Cir. 1985), the court again found standing by Members challenging a pocket veto, but the Supreme Court dismissed the appeal as moot. Sub nom. Burke v. Barnes, 479 U.S. 361 (1987). Whether the injury was the nullification of the past vote on passage only or whether it was also the nullification of an opportunity to vote to override the veto has divided the Circuit, with the majority favoring the broader interpretation. Goldwater v. Carter, 617 F.2d 697, 702 n.12 (D.C. Cir. 1979), and id. at 711–12 (Judge Wright), vacated and remanded with instructions to dismiss, 444 U.S. 996 (1979) [Back to text]
Kennedy v. Sampson, 511 F.2d 430, 435–436 (D.C. Cir. 1974). See Harrington v. Bush, 553 F.2d 190, 199 n.41 (D.C. Cir. 1977). Harrington found no standing in a Member’s suit challenging CIA failure to report certain actions to Congress, in order that Members could intelligently vote on certain issues. See also Reuss v. Balles, 584 F.2d 461 (D.C. Cir. 1978), cert. denied, 439 U.S. 997 (1978). [Back to text]
Goldwater v. Carter, 617 F.2d 697, 702, 703 (D.C. Cir. 1979) (en banc), vacated and remanded with instructions to dismiss, 444 U.S. 996 (1979). The failure of the Justices to remark on standing is somewhat puzzling, since it has been stated that courts “turn initially, although not invariably, to the question of standing to sue.” Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 215 (1974). But see Harrington v. Bush, 553 F.2d 190, 207 (D.C. Cir. 1977). In any event, the Supreme Court’s decision vacating Goldwater deprives the Circuit’s language of precedential effect. United States v. Munsingwear, 340 U.S. 36, 39–40 (1950); O’Connor v. Donaldson, 422 U.S. 563, 577 n.12 (1975). [Back to text]
Riegle v. FOMC, 656 F.2d 873 (D.C. Cir. 1981), cert. denied, 454 U.S. 1082 (1981). [Back to text]
The Act itself provided that “[a]ny Member of Congress or any individual adversely affected” could sue to challenge the law. 2 U.S.C. § 692(a)(1). After failure of this litigation, the Court in the following Term, on suits brought by claimants adversely affected by the exercise of the veto, held the statute unconstitutional. Clinton v. City of New York, 524 U.S. 417 (1998). [Back to text]
521 U.S. at 824–26. [Back to text]
See Coleman v. Miller, 307 U.S. 433 (1939). [Back to text]
Ariz. State Legislature v. Ariz. Indep. Redistricting Comm’n, 576 U.S. ___, No. 13–1314, slip op. at 14 (2015). [Back to text]
Id. at 10. [Back to text]
Id. [Back to text]
Id. at 14 n.12. [Back to text]
Ass’n of Data Processing Service Org. v. Camp, 397 U.S. 150, 151–152 (1970), citing Flast v. Cohen, 392 U.S. 83, 101 (1968). “But where a dispute is otherwise justiciable, the question whether the litigant is a ‘proper party to request an adjudication of a particular issue,’ [quoting Flast, supra, at 100], is one within the power of Congress to determine.” Sierra Club v. Morton, 405 U.S. 727, 732 n.3 (1972). [Back to text]
Tennessee Electric Power Co. v. TVA, 306 U.S. 118, 137–138 (1939). See also Alabama Power Co. v. Ickes, 302 U.S. 464 (1938); Perkins v. Lukens Steel Co., 310 U.S. 113 (1940). [Back to text]
Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 152 (1951) (Justice Frankfurter concurring). This was apparently the point of the definition of “legal right” as “one of property, one arising out of contract, one protected against tortious invasion, or one founded on a statute which confers a privilege.” Tennessee Electric Power Co. v. TVA, 306 U.S. 118, 137–138 (1939). [Back to text]
Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 152 (1951) (Justice Frankfurter concurring). The Court approached this concept in two interrelated ways. (1) It might be that a plaintiff had an interest that it was one of the purposes of the statute in question to protect in some degree. Chicago Junction Case, 264 U.S. 258 (1924); Alexander Sprunt & Son v. United States, 281 U.S. 249 (1930); Alton R.R. v. United States, 315 U.S. 15 (1942). Thus, in Hardin v. Kentucky Utilities Co., 390 U.S. 1 (1968), a private utility was held to have standing to contest allegedly illegal competition by TVA on the ground that the statute was meant to give private utilities some protection from certain forms of TVA competition. (2) It might be that a plaintiff was a “person aggrieved” within the terms of a judicial review section of an administrative or regulatory statute. Injury to an economic interest was sufficient to “aggrieve” a litigant. FCC v. Sanders Brothers Radio Station, 309 U.S. 470 (1940); Associated Industries v. Ickes, 134 F.2d 694 (2d Cir. 1943), cert. dismissed as moot, 320 U.S. 707 (1943). [Back to text]
5 U.S.C. § 702. See also 47 U.S.C. § 202(b)(6) (FCC); 15 U.S.C. § 77i(a) (SEC); 16 U.S.C. § 825a(b) (FPC). [Back to text]
FCC v. Sanders Brothers Radio Station, 309 U.S. 470, 477 (1940); City of Chicago v. Atchison, T. & S.F. Ry. Co., 357 U.S. 77, 83 (1958); Hardin v. Kentucky Utilities Co., 390 U.S. 1, 7 (1968). [Back to text]
Ass’n of Data Processing Service Org. v. Camp, 397 U.S. 150 (1970); Barlow v. Collins, 397 U.S. 159 (1970). Justices Brennan and White argued that only injury-in-fact should be requisite for standing. Id. at 167. In Clarke v. Securities Industry Ass’n, 479 U.S. 388 (1987), the Court applied a liberalized zone-of-interest test. But see Lujan v. National Wildlife Federation, 497 U.S. 871, 885–889 (1990); Air Courier Conf. v. American Postal Workers Union, 498 U.S. 517 (1991). In applying these standards, the Court, once it determined that the litigant’s interests were “arguably protected” by the statute in question, proceeded to the merits without thereafter pausing to inquire whether in fact the interests asserted were among those protected. Arnold Tours v. Camp, 400 U.S. 45 (1970); Investment Company Institute v. Camp, 401 U.S. 617 (1971); Boston Stock Exchange v. State Tax Comm’n, 429 U.S. 318, 320 n.3 (1977). Almost contemporaneously, the Court also liberalized the ripeness requirement in review of administrative actions. Gardner v. Toilet Goods Ass’n, Inc., 387 U.S. 167 (1967); Abbott Laboratories v. Gardner, 387 U.S. 136 (1967). See also National Credit Union Administration v. First National Bank & Trust Co., 522 U.S. 479 (1998), in which the Court found that a bank had standing to challenge an agency ruling expanding the role of employer credit unions to include multi-employer credit unions, despite a statutory limit that any such union could be of groups having a common bond of occupation or association. The Court held that a plaintiff did not have to show it was the congressional purpose to protect its interests. It is sufficient if the interest asserted is “arguably within the zone of interests to be protected . . . by the statute.” Id. at 492 (internal quotation marks and citation omitted). But the Court divided 5-to-4 in applying the test. See also Bennett v. Spear, 520 U.S. 154 (1997). [Back to text]
Ass’n of Data Processing Service Org. v. Camp, 397 U.S. 150, 154 (1970). [Back to text]
Sierra Club v. Morton, 405 U.S. 727, 734 (1972), Moreover, said the Court, once a person establishes that he has standing to seek judicial review of an action because of particularized injury to him, he may argue the public interest as a “representative of the public interest,” as a “private attorney general,” so that he may contest not only the action which injures him but the entire complex of actions of which his injury-inducing action is a part. Id. at 737–738, noting Scripps-Howard Radio v. FCC, 316 U.S. 4 (1942); FCC v. Sanders Brothers Radio Station, 309 U.S. (1940). See also Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 103 n. (1979); Havens Realty Corp. v. Coleman, 455 U.S. 363, 376 n.16 (1982) (noting ability of such party to represent interests of third parties). [Back to text]
United States v. SCRAP, 412 U.S. 669, 683–690 (1973). As was noted above, this case has been disparaged by the later Court. Lujan v. Defenders of Wildlife, 504 U.S. 555, 566–67 (1992); Whitmore v. Arkansas, 495 U.S. 149, 158–160 (1990). [Back to text]
See Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992); Lujan v. National Wildlife Federation, 497 U.S. 871 (1990). But see Bennett v. Spear, 520 U.S. 154 (1997) (fact that citizen suit provision of Endangered Species Act is directed at empowering suits to further environmental concerns does not mean that suitor who alleges economic harm from enforcement of Act lacks standing); FEC v. Akins, 524 U.S. 11 (1998) (expansion of standing based on denial of access to information). [Back to text]
Alabama State Fed’n of Labor v. McAdory, 325 U.S. 450, 461 (1945). [Back to text]
Giles v. Harris, 189 U.S. 475, 486 (1903). [Back to text]
297 U.S. at 324. Chief Justice Hughes cited New York v. Illinois, 274 U.S. 488 (1927), in which the Court dismissed as presenting abstract questions a suit about the possible effects of the diversion of water from Lake Michigan upon hypothetical water power developments in the indefinite future, and Arizona v. California, 283 U.S. 423 (1931), in which it was held that claims based merely upon assumed potential invasions of rights were insufficient to warrant judicial intervention. See also Massachusetts v. Mellon, 262 U.S. 447, 484–485 (1923); New Jersey v. Sargent, 269 U.S. 328, 338–340 (1926); Georgia v. Stanton, 73 U.S. (6 Wall.) 50, 76 (1867). [Back to text]
330 U.S. at 89–91. Justices Black and Douglas dissented, contending that the controversy was justiciable. Justice Douglas could not agree that the plaintiffs should have to violate the act and lose their jobs in order to test their rights. In CSC v. National Ass’n of Letter Carriers, 413 U.S. 548 (1973), the concerns expressed in Mitchell were largely ignored as the Court reached the merits in an anticipatory attack on the Act. Compare Epperson v. Arkansas, 393 U.S. 97 (1968). [Back to text]
1 C. Warren, supra at 108–111. The full text of the exchange appears in 3 CORRESPONDENCE AND PUBLIC PAPERS OF JOHN JAY 486–489 (H. Johnston ed., 1893). [Back to text]
Jay Papers at 488. [Back to text]
Chicago & S. Air Lines v. Waterman S.S. Corp., 333 U.S. 103, 113 (1948). [Back to text]
See supra. [Back to text]
1 C. Warren, supra at 595–597. [Back to text]
Reorganization of the Judiciary: Hearings on S. 1392 Before the Senate Judiciary Committee, 75th Congress, 1st Sess. (1937), pt. 3, 491. See also Chief Justice Taney’s private advisory opinion to the Secretary of the Treasury that a tax levied on the salaries of federal judges violated the Constitution. S. TYLER, MEMOIRS OF ROGER B. TANEY 432–435 (1876). [Back to text]
E.g., Acheson, Removing the Shadow Cast on the Courts, 55 A.B.A.J. 919 (1969); Jaffe, Professors and Judges as Advisors to Government: Reflections on the Roosevelt-Frankfurter Relationship, 83 HARV. L. REV. 366 (1969). The issue earned the attention of the Supreme Court, Mistretta v. United States, 488 U.S. 361, 397–408 (1989) (citing examples and detailed secondary sources), when it upheld the congressionally authorized service of federal judges on the Sentencing Commission. [Back to text]
Chicago & S. Air Lines v. Waterman S.S. Corp., 333 U.S. 103, 113–114 (1948). [Back to text]
Muskrat v. United States, 219 U.S. 346 (1911). [Back to text]
United States v. Ferreira, 54 U.S. (13 How.) 40 (1852). [Back to text]
United Public Workers v. Mitchell, 330 U.S. 75 (1947). [Back to text]
Cf. Willing v. Chicago Auditorium Ass’n, 277 U.S. 274 (1928). [Back to text]
Fidelity National Bank & Trust Co. v. Swope, 274 U.S. 123 (1927); Nashville, C. & St. L. Ry. v. Wallace, 288 U.S. 249 (1963). Wallace was cited with approval in Medimmune, Inc. v. Genentech, Inc., 549 U.S. 118, 126 (2007) (“Article III’s limitation of federal courts’ jurisdiction to ‘Cases’ and ‘Controversies,’ reflected in the ‘actual controversy’ requirement of the Declaratory Judgment Act, 28 U.S.C. § 2201(a), [does not] require[ ] a patent licensee to terminate or be in breach of its license agreement before it can seek a declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed,” id. at 120–21). [Back to text]
48 Stat. 955, as amended, 28 U.S.C. §§ 2201–2202. [Back to text]
Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 (1937) (cited with approval in Medimmune, Inc. v. Genentech, Inc., 549 U.S. 118, 126 (2007)). [Back to text]
H. REP. NO. 1264, 73d Congress, 2d Sess. (1934), 2. [Back to text]
S. REP. NO. 1005, 73d Congress, 2d Sess. (1934), 2. [Back to text]
48 Stat. 955. The language remains quite similar. 28 U.S.C. § 2201. [Back to text]
Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 239–240 (1937). [Back to text]
Alabama State Federation of Labor v. McAdory, 325 U.S. 450, 461 (1945). [Back to text]
Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273 (1941). [Back to text]
Brillhart v. Excess Ins. Co. of America, 316 U.S. 491, 494 (1942); Public Service Comm’n v. Wycoff Co., 344 U.S. 237, 243 (1952); Public Affairs Associates v. Rickover, 369 U.S. 111, 112 (1962). See also Wilton v. Seven Falls Co., 515 U.S. 277 (1995). [Back to text]
An exception “with respect to Federal taxes” was added in 1935. 49 Stat. 1027. The Tax Injunction Act of 1937, 50 Stat. 738, U.S.C. § 1341, prohibited federal injunctive relief directed at state taxes but said nothing about declaratory relief. It was held to apply, however, in California v. Grace Brethren Church, 457 U.S. 393 (1982). Earlier, in Great Lakes Dredge & Dock Co. v. Huffman, 319 U.S. 293 (1943), the Court had reserved the issue but held that considerations of comity should preclude federal courts from giving declaratory relief in such cases. Cf. Fair Assessment in Real Estate Ass’n v. McNary, 454 U.S. 100 (1981). [Back to text]
E.g., Ashwander v. TVA, 297 U.S. 288 (1936); Electric Bond Co. v. SEC, 303 U.S. 419 (1938); United Public Workers v. Mitchell, 330 U.S. 75 (1947); Eccles v. Peoples Bank, 333 U.S. 426 (1948); Rescue Army v. Municipal Court, 331 U.S. 549, 572–573 (1947). [Back to text]
United Public Workers v. Mitchell, 330 U.S. 75 (1947); Poe v. Ullman, 367 U.S. 497 (1961); Altvater v. Freeman, 319 U.S. 359 (1943); International Longshoremen’s Union v. Boyd, 347 U.S. 222 (1954); Public Service Comm’n v. Wycoff Co., 344 U.S. 237 (1952). [Back to text]
E.g., Currin v. Wallace, 306 U.S. 1 (1939); Perkins v. Elg, 307 U.S. 325 (1939); Ashwander v. TVA, 297 U.S. 288 (1936); Evers v. Dwyer, 358 U.S. 202 (1958). [Back to text]
E.g., Baggett v. Bullitt, 377 U.S. 360 (1964); Keyishian v. Board of Regents, 385 U.S. 589 (1967); Turner v. City of Memphis, 369 U.S. 350 (1962); Powell v. McCormack, 395 U.S. 486 (1969). But see Golden v. Zwickler, 394 U.S. 103 (1969). [Back to text]
Zwickler v. Koota, 389 U.S. 241, 248 (1967). [Back to text]
Samuels v. Mackell, 401 U.S. 66 (1971). The case and its companion, Younger v. Harris, 401 U.S. 37 (1971), substantially undercut much of the Dombrowski language and much of Zwickler was downgraded. [Back to text]
Hicks v. Miranda, 422 U.S. 332, 349 (1975). [Back to text]
Steffel v. Thompson, 415 U.S. 452 (1974). In cases covered by Steffel, the federal court may issue preliminary or permanent injunctions to protect its judgments, without satisfying the Younger tests. Doran v. Salem Inn, 422 U.S. 922, 930–931 (1975); Wooley v. Maynard, 430 U.S. 705, 712 (1977). [Back to text]
United Public Workers v. Mitchell, 330 U.S. 75 (1947); International Longshoremen’s Union v. Boyd, 347 U.S. 222 (1954). For recent examples of lack of ripeness, see Ohio Forestry Ass’n v. Sierra Club, 523 U.S. 726 (1998); Texas v. United States, 523 U.S. 296 (1998). [Back to text]
Regional Rail Reorganization Act Cases, 419 U.S. 102, 138–148 (1974) (certainty of injury a constitutional limitation, factual adequacy element a prudential one). [Back to text]
Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 81–82 (1978) (that plaintiffs suffer injury-in-fact and such injury would be redressed by granting requested relief satisfies Article III ripeness requirement; prudential element satisfied by determination that Court would not be better prepared to render a decision later than now). But compare Renne v. Geary, 501 U.S. 312 (1991). [Back to text]
330 U.S. at 90. In CSC v. National Ass’n of Letter Carriers, 413 U.S. 548 (1973), without discussing ripeness, the Court decided on the merits anticipatory attacks on the Hatch Act. Plaintiffs had, however, alleged a variety of more concrete infringements upon their desires and intentions than the UPW plaintiffs had. [Back to text]
International Longshoremen’s Union v. Boyd, 347 U.S. 222 (1954). See also Electric Bond Co. v. SEC, 303 U.S. 419 (1938); Alabama State Federation of Labor v. McAdory, 325 U.S. 450 (1945); Public Service Comm’n v. Wycoff Co., 344 U.S. 237 (1952); Socialist Labor Party v. Gilligan, 406 U.S. 583 (1972). [Back to text]
In Adler v. Board of Educ., 342 U.S. 485 (1952), without discussing ripeness, the Court decided on the merits a suit about a state law requiring dismissal of teachers advocating violent overthrow of the government, over a strong dissent arguing the case was indistinguishable from Mitchell. Id. at 504 (Justice Frankfurter dissenting). In Cramp v. Board of Pub. Instruction, 368 U.S. 278 (1961), a state employee was permitted to attack a non-Communist oath, although he alleged he believed he could take the oath in good faith and could prevail if prosecuted, because the oath was so vague as to subject plaintiff to the “risk of unfair prosecution and the potential deterrence of constitutionally protected conduct.” Id. at 283–84. See also Baggett v. Bullitt, 377 U.S. 360 (1964); Keyishian v. Board of Regents, 385 U.S. 589 (1967). [Back to text]
E.g., Poe v. Ullman, 367 U.S. 497 (1961) (no adjudication of challenge to law barring use of contraceptives because in 80 years of the statute’s existence the state had never instituted a prosecution). But compare Epperson v. Arkansas, 393 U.S. 97 (1987) (merits reached in absence of enforcement and fair indication state would not enforce it); Vance v. Amusement Co., 445 U.S. 308 (1980) (reaching merits, although state asserted law would not be used, although local prosecutor had so threatened; no discussion of ripeness, but dissent relied on Poe, id. at 317–18). [Back to text]
E.g., Younger v. Harris, 401 U.S. 37, 41–42 (1971); Boyle v. Landry, 401 U.S. 77 (1971); Golden v. Zwickler, 394 U.S. 103 (1969); O’Shea v. Littleton, 414 U.S. 488 (1974); Spomer v. Littleton, 414 U.S. 514 (1974); Rizzo v. Goode, 423 U.S. 362 (1976). In the context of the ripeness to challenge of agency regulations, as to which there is a presumption of available judicial remedies, the Court has long insisted that federal courts should be reluctant to review such regulations unless the effects of administrative action challenged have been felt in a concrete way by the challenging parties, i.e., unless the controversy is “ripe.” See, of the older cases, Abbott Laboratories v. Gardner, 387 U.S. 136 (1967); Toilet Goods Ass’n, Inc. v. Gardner, 387 U.S. 158 (1967); Gardner v. Toilet Goods Ass’n, Inc., 387 U.S. 167 (1967). More recent cases include Reno v. Catholic Social Services, Inc., 509 U.S. 43 (1993); Lujan v. National Wildlife Federation, 497 U.S. 871, 891 (1990). [Back to text]
E.g., California Bankers Ass’n v. Schultz, 416 U.S. 21 (1974); Hodel v. Virginia Surface Mining & Recl. Ass’n, 452 U.S. 264, 294–297 (1981); Renne v. Geary, 501 U.S. 312, 320–323 (1991). [Back to text]
Steffel v. Thompson, 415 U.S. 452 (1974); Wooley v. Maynard, 430 U.S. 705, 707–708, 710 (1977); Babbitt v. United Farm Workers, 442 U.S. 289, 297–305 (1979) (finding some claims ripe, others not). Compare Doe v. Bolton, 410 U.S. 179, 188–189 (1973), with Roe v. Wade, 410 U.S. 113, 127–128 (1973). See also Planned Parenthood v. Danforth, 428 U.S. 52 (1976); Colautti v. Franklin, 439 U.S. 379 (1979). [Back to text]
Buckley v. Valeo, 424 U.S. 1, 113–118 (1976); Regional Rail Reorganization Act Cases, 419 U.S. 102, 138–148 (1974) (holding some but not all the claims ripe). See also Goldwater v. Carter, 444 U.S. 996, 997 (Justice Powell concurring) (parties had not put themselves in opposition). [Back to text]
Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 81–82 (1978). The injury giving standing to plaintiffs was the environmental harm arising from the plant’s routine operation; the injury to their legal rights was alleged to be the harm caused by the limitation of liability in the event of a nuclear accident. The standing injury had occurred, the ripeness injury was conjectural and speculative and might never occur. See id. at 102 (Justice Stevens concurring in the result). It is evident on the face of the opinion and expressly stated by the objecting Justices that the Court used its standing/ripeness analyses in order to reach the merits, so as to remove the constitutional cloud cast upon the federal law by the district court decision. Id. at 95, 103 (Justices Rehnquist and Stevens concurring in the result). [Back to text]
E.g., United States v. Munsingwear, 340 U.S. 36 (1950); Golden v. Zwickler, 394 U.S. 103, 108 (1969); SEC v. Medical Committee for Human Rights, 404 U.S. 403 (1972); Roe v. Wade, 410 U.S. 113, 125 (1973); Sosna v. Iowa, 419 U.S. 393, 398–399 (1975); United States Parole Comm’n v. Geraghty, 445 U.S. 388, 397 (1980), and id. at 411 (Justice Powell dissenting); Burke v. Barnes, 479 U.S. 361, 363 (1987); Honig v. Doe, 484 U.S. 305, 317 (1988); Lewis v. Continental Bank Corp., 494 U.S. 472, 477–478 (1990); Camreta V. Greene, 563 U.S. ___, No. 09–1954, slip op. (2011); United States v. Juvenile Male, 564 U.S. ___, No. 09–940, slip op. at 4 (2011). Munsingwear has long stood for the proposition that the appropriate practice of the Court in a civil case that had become moot while on the way to the Court or after certiorari had been granted was to vacate or reverse and remand with directions to dismiss. In U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994), however, the Court held that when mootness occurs because the parties have reached a settlement, vacatur of the judgment below is ordinarily not the best practice; instead, equitable principles should be applied so as to preserve a presumptively correct and valuable precedent, unless a court concludes that the public interest would be served by vacatur. [Back to text]
Lewis v. Continental Bank Corp., 494 U.S. 472, 477–78 (1990) (internal citations omitted). The Court’s emphasis upon mootness as a constitutional limitation mandated by Article III is long stated in the cases. E.g., Liner v. Jafco, 375 U.S. 301, 306 n.3 (1964); DeFunis v. Odegaard, 416 U.S. 312, 316 (1974); Sibron v. New York, 392 U.S. 40, 57 (1968). See Honig v. Doe, 484 U.S. 305, 317 (1988), and id. at 332 (Justice Scalia dissenting). But compare Franks v. Bowman Transp. Co., 424 U.S. 747, 756 n.8 (1976) (referring to mootness as presenting policy rather than constitutional considerations). [Back to text]
But see Steffel v. Thompson, 415 U.S. 452, 470–72 (1974); id. at 477 (Justice White concurring), 482 n.3 (Justice Rehnquist concurring) (on res judicata effect in state court in subsequent prosecution). In any event, the statute authorizes the federal court to grant “[f]urther necessary or proper relief,” which could include enjoining state prosecutions. [Back to text]
Award of process and execution are no longer essential to the concept of judicial power. Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 (1937). [Back to text]
Chafin v. Chafin, 568 U.S. ___, No. 11–1347, slip op. (2013) (appeal of district court order returning custody of a child to her mother in Scotland not made moot by physical return of child to Scotland and subsequent ruling of Scottish court in favor of the mother continuing to have custody). [Back to text]
E.g., Pennsylvania v. Wheeling & Belmont Bridge Co., 54 U.S. (13 How.) 518 (1852); United States v. Alaska Steamship Co., 253 U.S. 113 (1920); Hall v. Beals, 396 U.S. 45 (1969); Sanks v. Georgia, 401 U.S. 144 (1971); Richardson v. Wright, 405 U.S. 208 (1972); Diffenderfer v. Central Baptist Church, 404 U.S. 412 (1972); Lewis v. Continental Bank Corp., 494 U.S. 481 (1990). But compare City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 288–289 (1982) (case not mooted by repeal of ordinance, since City made clear its intention to reenact it if free from lower court judgment); see also Decker v. Nw. Envtl. Def. Ctr., 568 U.S. ___, No. 11–338, slip op. (2013) (action to enforce penalty under former regulation not mooted by change in regulation where violation occurred before regulation was changed). Following Aladdin’s Castle, the Court in Northeastern Fla. Ch. of the Associated Gen. Contractors v. City of Jacksonville, 508 U.S. 656, 660–63 (1993), held that when a municipal ordinance is repealed but replaced by one sufficiently similar so that the challenged action in effect continues, the case is not moot. But see id. at 669 (Justice O’Connor dissenting) (modification of ordinance more significant and case is mooted). [Back to text]
Atherton Mills v. Johnston, 259 U.S. 13 (1922) (in challenge to laws regulating labor of youths 14 to 16, Court held case two-and-one-half years after argument and dismissed as moot since certainly none of the challengers was now in the age bracket); Golden v. Zwickler, 394 U.S. 103 (1969); DeFunis v. Odegaard, 416 U.S. 312 (1974); Dove v. United States, 423 U.S. 325 (1976); Lane v. Williams, 455 U.S. 624 (1982). Compare County of Los Angeles v. Davis, 440 U.S. 625 (1979), with Vitek v. Jones, 445 U.S. 480 (1980). In Arizonans For Official English v. Arizona, 520 U.S. 43 (1997), a state employee attacking an English-only work requirement had standing at the time she brought the suit, but she resigned following a decision in the trial court, thus mooting the case before it was taken to the appellate court, which should not have acted to hear and decide it. [Back to text]
E.g., Commercial Cable Co. v. Burleson, 250 U.S. 360 (1919); Oil Workers Local 8–6 v. Missouri, 361 U.S. 363 (1960); A.L. Mechling Barge Lines v. United States, 368 U.S. 324 (1961); Preiser v. Newkirk, 422 U.S. 395 (1975); County of Los Angeles v. Davis, 440 U.S. 625 (1979); Alvarez v. Smith, 558 U.S. ___, No. 08–351 (2009). [Back to text]
Sibron v. New York, 395 U.S. 40, 50–58 (1968). But compare Spencer v. Kemna, 523 U.S. 1 (1998). [Back to text]
Benton v. Maryland, 395 U.S. 784, 790–791 (1969). The cases have progressed from leaning toward mootness to leaning strongly against. E.g., St. Pierre v. United States, 319 U.S. 41 (1943); Fiswick v. United States, 329 U.S. 211 (1946); United States v. Morgan, 346 U.S. 502 (1954); Pollard v. United States, 352 U.S. 354 (1957); Ginsberg v. New York, 390 U.S. 629, 633–634 n.2 (1968); Sibron v. New York, 392 U.S. 40, 49–58 (1968).But see Lane v. Williams, 455 U.S. 624 (1982);United States v. Juvenile Male, 564 U.S. ___, No. 09–940, slip op. at 6 (2011) (per curiam) (rejecting as too indirect a benefit that favorable resolution of a case might serve as beneficial precedent for a future case involving the plaintiff). The exception permits review at the instance of the prosecution as well as defendant. Pennsylvania v. Mimms, 434 U.S. 106 (1977). When a convicted defendant dies while his case is on direct review, the Court’s present practice is to dismiss the petition for certiorari. Dove v. United States, 423 U.S. 325 (1976), overruling Durham v. United States, 401 U.S. 481 (1971). [Back to text]
Southern Pacific Terminal Co. v. ICC, 219 U.S. 433, 452 (1911); Carroll v. President & Commr’s of Princess Anne, 393 U.S. 175 (1968). See Super Tire Engineering Co. v. McCorkle, 416 U.S. 115 (1974) (holding that expiration of strike did not moot employer challenge to state regulations entitling strikers to state welfare assistance since the consequences of the regulations would continue). [Back to text]
United States v. Trans-Missouri Freight Ass’n, 166 U.S. 290 (1897); Walling v. Helmerich & Payne, 323 U.S. 37 (1944); Porter v. Lee, 328 U.S. 246 (1946); United States v. W.T. Grant Co., 345 U.S. 629 (1953); Gray v. Sanders, 372 U.S. 368 (1963); United States v. Concentrated Phosphate Export Ass’n, 393 U.S. 199, 202–04 (1969); DeFunis v. Odegaard, 416 U.S. 312, 318 (1974); County of Los Angeles v. Davis, 440 U.S. 625, 631–34 (1979), and id. at 641–46 (Justice Powell dissenting); Vitek v. Jones, 445 U.S. 480, 486–487 (1980), and id. at 500–01 (Justice Stewart dissenting); Princeton University v. Schmidt, 455 U.S. 100 (1982); City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 288–289 (1982). [Back to text]
United States v. W.T. Grant Co., 345 U.S. 629, 633 (1953) (quoting United States v. Aluminum Co. of America, 148 F.2d 416, 448 (2d. Cir. 1945)). [Back to text]
Already, LLC v. Nike, Inc., 568 U.S. ___, No. 11–982, slip op. at 4 (2013) (dismissal of a trademark infringement claim against rival and submittal of an unconditional and irrevocable covenant not to sue satisfied the burden under the voluntary cessation test) (citing Friends of the Earth v. Laidlaw Envtl. Servs., 528 U.S. 167, 190 (2000)). See also Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. ___, No. 15–577, slip op. at 5 n.1 (2017) (holding that a governor’s announcement that religious organizations could compete for state monetary grants did not moot a case challenging a previous policy of issuing grants only to non-religious entities as the state had failed to carry its “heavy burden” of “making absolutely clear” that it could not revert to its policy of excluding religious organizations from the grant program). [Back to text]
United States v. W.T. Grant Co., 345 U.S. 629, 632 (1953). But see A.L. Mechling Barge Lines v. United States, 368 U.S. 324 (1961). [Back to text]
577 U.S. ___, No. 14–857, slip op. at 7–9 (2016) (“[W]ith no settlement offer still operative, the parties remained adverse; both retained the same stake in the litigation that they had at the outset.”). The Campbell-Ewald decision was limited to the question of whether an offer of complete relief moots a case. The Court left open the question of whether the payment of complete relief by a defendant to a plaintiff can render a case moot. Id. at 11. [Back to text]
Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 515 (1911). [Back to text]
Weinstein v. Bradford, 423 U.S. 147, 149 (1975); Murphy v. Hunt, 455 U.S. 478, 482 (1982). See Super Tire Engineering Co. v. McCorkle, 416 U.S. 115, 125–26 (1974), and id. at 130–32 (Justice Stewart dissenting), Friends of the Earth v. Laidlaw Envtl. Servs., 528 U.S. 167, 189–91 (2000),. The degree of expectation or likelihood that the issue will recur has frequently divided the Court. Compare Murphy v. Hunt, with Nebraska Press Ass’n v. Stuart, 427 U.S. 539 (1976); compare Honig v. Doe, 484 U.S. 305, 318–23 (1988), with id. at 332 (Justice Scalia dissenting). [Back to text]
See, e.g., Storer v. Brown, 415 U.S. 724, 737 n.8 (1974); Rosario v. Rockefeller, 410 U.S. 752, 756 n.5 (1973); Moore v. Ogilvie, 394 U.S. 814, 816 (1969). [Back to text]
See Roe v. Wade, 410 U.S. 113, 124–125 (1973). [Back to text]
See, e.g., Sibron v. New York, 392 U.S. 40, 49–58 (1968). See also Gerstein v. Pugh, 420 U.S. 103 (1975). [Back to text]
See, e.g., Kingdomware Techs., Inc. v. United States, 579 U.S. ___, No. 14–916, slip op. at 7 (2016) (“We have previously held that a period of two years is too short to complete judicial review of the lawfulness of [a] procurement.”) (citing S. Pac. Terminal Co. v. ICC, 219 U.S. 498, 514–16 (1911)). [Back to text]
See, e.g., Carroll v. President & Commr’s of Princess Anne, 393 U.S. 175 (1968). See Neb. Press Ass’n v. Stuart, 427 U.S. 539 (1976) (short-term court order restricting press coverage). [Back to text]
Sosna v. Iowa, 419 U.S. 393 (1975); Franks v. Bowman Transp. Co., 424 U.S. 747, 752–757 (1976). A suit which proceeds as a class action but without formal certification may not receive the benefits of this rule. Board of School Commr’s v. Jacobs, 420 U.S. 128 (1975). See also Weinstein v. Bradford, 423 U.S. 147 (1975); Pasadena City Bd. of Educ. v. Spangler, 427 U.S. 424, 430 (1976). But see the characterization of these cases in United States Parole Comm’n v. Geraghty, 445 U.S. 388, 400 n.7 (1980). Mootness is not necessarily avoided in properly certified cases, but the standards of determination are unclear. See Kremens v. Bartley, 431 U.S. 119 (1977). [Back to text]
United States Parole Comm’n v. Geraghty, 445 U.S. 388, 396 (1980). [Back to text]
445 U.S. at 403. Justices Powell, Stewart, Rehnquist, and Chief Justice Burger dissented, id. at 409, arguing there could be no Article III personal stake in a procedural decision separate from the outcome of the case. In Deposit Guaranty Nat’l Bank v. Roper, 445 U.S. 326 (1980), in an opinion by Chief Justice Burger, the Court held that a class action was not mooted when defendant tendered to the named plaintiffs the full amount of recovery they had individually asked for and could hope to retain. Plaintiffs’ interest in shifting part of the share of costs of litigation to those who would share in its benefits if the class were certified was deemed to be a sufficient “personal stake”. Cf. Genesis Healthcare Corp. v. Symczyk, 569 U.S. ___, No. 11–1059, slip op. (2013) (in the context of a “collective action” under the Fair Labor Standards Act where a plaintiff ’s individual claim was moot and no other individuals had joined the suit, holding that a plaintiff had no personal stake in the case that provided the court with subject matter jurisdiction). In a slightly different context, the Court, in Campbell-Ewald Co. v. Gomez, held that neither an unaccepted settlement offer or an offer of judgment provided prior to class certification would moot a potential lead plaintiff ’s case. 577 U.S. ___, No. 14–857, slip op. at 11 (2016). According to the majority opinion, this holding avoided placing defendants in the “driver’s seat” with respect to class litigation wherein a defendant’s offer of settlement could eliminate a court’s jurisdiction to adjudicate potentially costly class actions. Id. [Back to text]
The named plaintiff must still satisfy the class action requirement of adequacy of representation. United States Parole Comm’n v. Geraghty, 445 U.S. 388, 405–407 (1980). On the implications of Geraghty, which the Court has not returned to, see Hart & Wechsler (6th ed.), supra at 194–198. [Back to text]
Geraghty, 445 U.S. at 404 & n.11. [Back to text]
For a masterful discussion of the issue in both criminal and civil contexts, see Fallon & Meltzer, New Law, Non-Retroactivity, and Constitutional Remedies, 104 HARV. L. REV. 1731 (1991). [Back to text]
Stovall v. Denno, 388 U.S. 293, 301 (1967). [Back to text]
England v. Louisiana Bd. of Medical Examiners, 375 U.S. 411, 422 (1964); James v. United States, 366 U.S. 213 (1961). See also Morrissey v. Brewer, 408 U.S. 471, 490 (1972). [Back to text]
Noncriminal constitutional cases included Lemon v. Kurtzman, 411 U.S. 192 (1973); City of Phoenix v. Kolodziejski, 399 U.S. 204 (1970); Cipriano v. City of Houma, 395 U.S. 701 (1969). Indeed, in Buckley v. Valeo, 424 U.S. 1 (1976), and Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), the Court postponed the effectiveness of its decision for a period during which Congress could repair the flaws in the statute. Noncriminal, nonconstitutional cases include Chevron Oil Co. v. Huson, 404 U.S. 97 (1971); Allen v. State Board of Elections, 393 U.S. 544 (1969); Hanover Shoe v. United Shoe Machinery Corp., 392 U.S. 481 (1968); Simpson v. Union Oil Co., 377 U.S. 13 (1964). [Back to text]
Because of shifting coalitions of Justices, Justice Harlan complained, the course of retroactivity decisions “became almost as difficult to follow as the tracks made by a beast of prey in search of its intended victim.” Mackey v. United States, 401 U.S. 667, 676 (1971) (separate opinion). [Back to text]
Robinson v. Neil, 409 U.S. 505, 507 (1973). The older rule of retroactivity derived from the Blackstonian notion “that the duty of the court was not to ‘pronounce a new law, but to maintain and expound the old one.’ ” Linkletter v. Walker, 381 U.S. 618, 622–23 (1965) (quoting 1 W. Blackstone, Commentaries *69). [Back to text]
Lemon v. Kurtzman, 411 U.S. 192, 198–99 (1973). [Back to text]
Linkletter v. Walker, 381 U.S. 618 (1965); Tehan v. United States ex rel. Shott, 382 U.S. 406 (1966). [Back to text]
Johnson v. New Jersey, 384 U.S. 719 (1966); Stovall v. Denno, 388 U.S. 293 (1967); Adams v. Illinois, 405 U.S. 278 (1972). [Back to text]
Desist v. United States, 394 U.S. 244, 248 (1969); United States v. Peltier, 422 U.S. 531 (1975); Brown v. Louisiana, 447 U.S. 323, 335–36 (1980) (plurality opinion); Michigan v. Payne, 412 U.S. 47, 55 (1973); United States v. Johnson, 457 U.S. 537, 549–50, 551–52 (1982). [Back to text]
Williams v. United States, 401 U.S. 646, 653 (1971) (plurality opinion); Brown v. Louisiana, 447 U.S. 323, 328–30 (1980) (plurality opinion); Hankerson v. North Carolina, 432 U.S. 233, 243 (1977). [Back to text]
United States v. United States Coin & Currency, 401 U.S. 715, 724 (1971); Moore v. Illinois, 408 U.S. 786, 800 (1972); Robinson v. Neil, 409 U.S. 505, 509 (1973). [Back to text]
Mackey v. United States, 401 U.S. 667, 675 (1971) (separate opinion); Desist v. United States, 394 U.S. 244, 256 (1969) (dissenting). Justice Powell has also strongly supported the proposed rule. Hankerson v. North Carolina, 432 U.S. 233, 246–248 (1977) (concurring in judgment); Brown v. Louisiana, 447 U.S. 323, 337 (1980) (concurring in judgment). [Back to text]
Griffith v. Kentucky, 479 U.S. 314, 328 (1987) (cited with approval in Whorton v. Bockting, 549 U.S. 406, 416 (2007)). [Back to text]
Whorton v. Bockting, 549 U.S. 406, 416 (2007). Put another way, it is not enough that a decision is “within the ‘logical compass’ of an earlier decision, or indeed that it is ‘controlled’ by a prior decision.” A decision announces a “new rule” if its result “was susceptible to debate among reasonable minds” and if it was not “an illogical or even a grudging application” of the prior decision. Butler v. McKellar, 494 U.S. 407, 412–415 (1990). For additional elaboration on “new law,” see O’Dell v. Netherland, 521 U.S. 151 (1997); Lambrix v. Singletary, 520 U.S. 518 (1997); Gray v. Netherland, 518 U.S. 152 (1996). But compare Bousley v. Brooks, 523 U.S. 614 (1998). [Back to text]
For an example of the application of the Teague rule in federal collateral review of a federal court conviction, see Chaidez v. United States, 568 U.S. ___, No. 11–820, slip op. (2013). See also Welch v. United States, 578 U.S. ___, No. 15–6418, slip op. at 7 (2016) (assuming, without deciding, that the Teague framework “applies in a federal collateral challenge to a federal conviction as it does in a federal collateral challenge to a state conviction”). [Back to text]
Whorton v. Bockting, 549 U.S. 406, 416 (2007). [Back to text]
Teague v. Lane, 489 U.S. 288, 307, 311–313 (1989) (plurality opinion); see also Butler v. McKellar, 494 U.S. 407, 415–416 (1990). [Back to text]
See Montgomery v. Louisiana, 577 U.S. ___, No. 14–280, slip op. at 12 (2016) (“If a State may not constitutionally insist that a prisoner remain in jail on federal habeas review, it may not constitutionally insist on the same result in its own postconviction proceedings.”). The Court reasoned as such because new substantive rules constitute wholesale prohibitions on the state’s power to convict or sentence a criminal defendant under certain circumstances, making the underlying conviction or sentence void and providing the state with no authority to leave the underlying judgment in place during collateral review. Id. at 10–11; see also id. at 12 (“A penalty imposed pursuant to an unconstitutional law is no less void because the prisoner’s sentence became final before the law was held unconstitutional. There is no grandfather clause that permits States to enforce punishments the Constitution forbids.”). [Back to text]
See Montgomery, slip op. at 8 (“[T]he Constitution requires substantive rules to have retroactive effect regardless of when a conviction became final.”) [Back to text]
Id. at 9. [Back to text]
See Welch, slip op. at 11; see also Schriro v. Summerlin, 542 U.S. 348, 353 (2004); Penry v. Lynaugh, 492 U.S. 302, 330 (1989). Accordingly, the Court has rejected the argument that the underlying “source” of a constitutional rule—i.e., the fact that a constitutional rule on its face creates substantive or procedural rights— can determine the retroactivity of a ruling. See Welch, slip op. at 10 (“[T]his Court has determined whether a new rule is substantive . . . by considering the function of the rule, not its underlying constitutional source.”). [Back to text]
Sawyer v. Smith, 497 U.S. 227, 242 (1990) (emphasis in original) (internal quotations and citations omitted). For application of these principles, see Montgomery, slip op. at 14–17 (holding that the Court, in interpreting the Eighth Amendment to prohibit mandatory life without parole for juvenile offenders, “did announce a new substantive rule” because the prohibition necessarily placed beyond the power of a state a particular punishment with respect to the “vast majority of juvenile offenders”). See also Welch, slip op. at 9–11 (holding that a conviction under a statute that was later found to be void for vagueness is a substantive rule, as the invalidity of the law under the Due Process Clause altered the “range of conduct or class of persons that the law punishes.”); Schriro, 542 U.S. at 352 (holding that the requirement that aggravating factors justifying the death penalty be found by the jury was a new procedural rule that did not apply retroactively). [Back to text]
The standard that has been applied was enunciated in Chevron Oil Co. v. Huson, 404 U.S. 97 (1971). Briefly, the question of retroactivity or prospectivity was to be determined by a balancing of the equities. To be limited to prospectivity, a decision must have established a new principle of law, either by overruling clear past precedent on which reliance has been had or by deciding an issue of first impression whose resolution was not clearly foreshadowed. The courts must look to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation. Then, the courts must look to see whether a decision to apply retroactively a decision will produce substantial inequitable results. Id. at 106–07. American Trucking Assn’s v. Smith, 496 U.S. 167, 179–86 (1990) (plurality opinion). [Back to text]
James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991); American Trucking Assn’s, Inc. v. Smith, 496 U.S. 167 (1990). [Back to text]
The holding described in the text is expressly that of only a two-Justice plurality. 501 U.S. at 534–44 (Justices Souter and Stevens). Justice White, Justice Blackmun, and Justice Scalia (with Justice Marshall joining the latter Justices) concurred, id. at 544, 547, 548 (respectively), but on other, and in the instance of the three latter Justices, and broader justifications. Justices O’Connor and Kennedy and Chief Justice Rehnquist dissented. Id. at 549. [Back to text]
501 U.S. at 549 (dissenting opinion of Justices O’Connor and Kennedy and Chief Justice Rehnquist), and id. at 544 (Justice White concurring). See also Smith, 496 U.S. at 171 (plurality opinion of Justices O’Connor, White, Kennedy, and Chief Justice Rehnquist). [Back to text]
501 U.S. at 547, 548 (Justices Blackmun, Scalia, and Marshall concurring). In Smith, 496 U.S. at 205, these three Justices had joined the dissenting opinion of Justice Stevens arguing that constitutional decisions must be given retroactive effect. [Back to text]
509 U.S. at 97. Although the conditional language in this passage might suggest that the Court was leaving open the possibility that in some cases it might rule purely prospectively, and not even apply its decision to the parties before it, other language belies that possibility. “This rule extends Griffith’s ban against ‘selective application of new rules.’ ” (Citing Griffith, 479 U.S. at 323.) Because Griffith rested in part on the principle that “the nature of judicial review requires that [the Court] adjudicate specific cases,” 479 U.S. at 322, deriving from Article III’s case or controversy requirement for federal courts and forbidding federal courts from acting legislatively, “ ‘the Court has no more constitutional authority in civil cases than in criminal cases to disregard current law or to treat similarly situated litigants differently.’ ” 509 U.S. at 97 (quoting Smith, 496 U.S. at 214 (Justice Stevens dissenting)). The point is made more clearly in Justice Scalia’s concurrence, in which he denounces all forms of nonretroactivity as “the handmaid of judicial activism.” Id. at 105. [Back to text]
509 U.S. at 110 (Justice Kennedy, with Justice White, concurring); 113 (Justice O’Connor, with Chief Justice Rehnquist, dissenting). However, these Justices disagreed in this case about the proper application of Chevron Oil. [Back to text]
But see Reynoldsville Casket Co. v. Hyde, 514 U.S. 749 (1995) (setting aside a state court refusal to give retroactive effect to a U.S. Supreme Court invalidation of that state’s statute of limitations in certain suits, in an opinion by Justice Breyer, Justice Blackmun’s successor); Ryder v. United States, 515 U.S. 177, 184–85 (1995) (“whatever the continuing validity of Chevron Oil after” Harper and Reynoldsville Casket). [Back to text]
Rescue Army v. Municipal Court, 331 U.S. 549, 570 (1947); cf. Baker v. Carr, 369 U.S. 186, 278 (1962) (Justice Frankfurter dissenting). The most successful effort at conceptualization of the doctrine is Scharpf, Judicial Review and the Political Question: A Functional Analysis, 75 YALE L.J. 517 (1966). See Hart & Wechsler (6th ed.), supra at 222–248. [Back to text]
Frank, Political Questions, in SUPREME COURT AND SUPREME LAW (E. Cahn, ed., 1954), at 36. [Back to text]
The concept of political question is “more amenable to description by infinite itemization than by generalization” Id. [Back to text]
Baker v. Carr , 369 U.S. 186, 217 (1962). [Back to text]
369 U.S. at 208–232. [Back to text]
3 U.S. (3 Dall.) 199 (1796). [Back to text]
25 U.S. (12 Wheat.) 19 (1827). [Back to text]
5 U.S. (1 Cr.) 137 (1803). [Back to text]
5 U.S. (1 Cr.) at 170. In Decatur v. Paulding, 39 U.S. (14 Pet.) 497, 516 (1840), the Court, refusing an effort by mandamus to compel the Secretary of the Navy to pay a pension, said: “The interference of the courts with the performance of the ordinary duties of the executive departments of the government, would be productive of nothing but mischief; and we are quite satisfied, that such a power was never intended to be given to them.” It therefore follows that mandamus will lie against an executive official only to compel the performance of a ministerial duty, which admits of no discretion, and may not be invoked to control executive or political duties which admit of discretion. See Georgia v. Stanton, 73 U.S. (6 Wall.) 50 (1867); Mississippi v. Johnson, 71 U.S. (4 Wall.) 475 (1867); Kendall v. United States ex rel. Stokes, 37 U.S. (12 Pet.) 524 (1838). [Back to text]
48 U.S. (7 How.) 1 (1849). [Back to text]
Cf. Baker v. Carr, 369 U.S. 186, 218–22 (1962); id. at 292–97 (Justice Frankfurter dissenting). [Back to text]
Luther, 48 U.S. (7 How.) at 40. [Back to text]
48 U.S. at 42 (citing Article IV, § 4). [Back to text]
48 U.S. at 42. [Back to text]
Colegrove v. Green, 328 U.S. 549 (1946); Colegrove v. Barrett, 330 U.S. 804 (1947). [Back to text]
South v. Peters, 339 U.S. 276 (1950) (county unit system for election of state-wide officers with vote heavily weighted in favor of rural, lightly populated counties). [Back to text]
MacDougall v. Green, 335 U.S. 281 (1948) (signatures on nominating petitions must be spread among counties of unequal population). [Back to text]
Article IV, § 4. [Back to text]
As it was on the established government of Rhode Island in Luther v. Borden, 48 U.S. (7 How.) 1 (1849). See also Texas v. White, 74 U.S. (7 Wall.) 700 (1869); Taylor v. Beckham, 178 U.S. 548 (1900). [Back to text]
Pacific States Tel. Co. v. Oregon, 223 U.S. 118 (1912) (challenging tax initiative); Kiernan v. City of Portland, 223 U.S. 151 (1912) (attacks on initiative and referendum); Marshall v. Dye, 231 U.S. 250 (1913) (state constitutional amendment procedure); O’Neill v. Leamer, 239 U.S. 244 (1915) (delegation to court to form drainage districts); Ohio ex rel. Davis v. Hildebrant, 241 U.S. 565 (1916) (submission of legislation to referendum); Mountain Timber Co. v. Washington, 243 U.S. 219 (1917) (workmen’s compensation); Ohio ex rel. Bryant v. Akron Metropolitan Park District, 281 U.S. 74 (1930) (concurrence of all but one justice of state high court required to invalidate statute); Highland Farms Dairy v. Agnew, 300 U.S. 608 (1937) (delegation of legislative powers). [Back to text]
All the cases, however, predate the application of the doctrine in Pacific States Tel. Co. v. Oregon, 223 U.S. 118 (1912). See Attorney General of the State of Michigan ex rel. Kies v. Lowrey, 199 U.S. 233, 239 (1905) (legislative creation and alteration of school districts “compatible” with a republican form of government); Forsyth v. City of Hammond, 166 U.S. 506, 519 (1897) (delegation of power to court to determine municipal boundaries does not infringe republican form of government); Minor v. Happersett, 88 U.S. (21 Wall.) 162, 175–176 (1875) (denial of suffrage to women no violation of republican form of government). [Back to text]
Oetjen v. Central Leather Co., 246 U.S. 297, 302 (1918); Chicago & S. Air Lines v. Waterman Steamship Corp., 333 U.S. 103, 111 (1948). [Back to text]
United States v. Palmer, 16 U.S. (3 Wheat.) 610 (1818); Kennett v. Chambers, 55 U.S. (14 How.) 38 (1852). [Back to text]
Jones v. United States, 137 U.S. 202 (1890); Oetjen v. Central Leather Co., 246 U.S. 297 (1918). See Ex parte Hitz, 111 U.S. 766 (1884). [Back to text]
United States v. The Three Friends, 166 U.S. 1 (1897); In re Baiz, 135 U.S. 403 (1890). Cf. Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398 (1964). [Back to text]
United States v. Reynes, 50 U.S. (9 How.) 127 (1850); Garcia v. Lee, 37 U.S. (12 Pet.) 511 (1838); Keene v. McDonough, 33 U.S. (8 Pet.) 308 (1834). See also Williams v. Suffolk Ins. Co., 38 U.S. (13 Pet.) 415 (1839); Underhill v. Hernandez, 168 U.S. 250 (1897). But see United States v. Belmont, 301 U.S. 324 (1937). On the “act of state” doctrine, compare Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398 (1964), with First National City Bank v. Banco Nacional de Cuba, 406 U.S. 759 (1972). See also First National City Bank v. Banco Para el Comercio de Cuba, 462 U.S. 611 (1983); W.S. Kirkpatrick & Co. v. Environmental Tectronics Corp., U.S. 400 (1990). [Back to text]
Doe v. Braden, 57 U.S. (16 How.) 635 (1853). [Back to text]
Terlinden v. Ames, 184 U.S. 270 (1902); Clark v. Allen, 331 U.S. 503 (1947). [Back to text]
Kennett v. Chambers, 55 U.S. (14 How.) 38 (1852). On the effect of a violation by a foreign state on the continuing effectiveness of the treaty, see Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796); Charlton v. Kelly, 229 U.S. 447 (1913). [Back to text]
Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796). Cf. Chinese Exclusion Case (Chae Chan Ping v. United States), 130 U.S. 581 (1889) (conflict of treaty with federal law). On the modern formulation, see Japan Whaling Ass’n v. American Cetacean Society, 478 U.S. 221, 229–230 (1986). [Back to text]
Perkins v. Elg, 307 U.S. 325 (1939); United States v. Rauscher, 119 U.S. 407 (1886). [Back to text]
Commercial Trust Co v. Miller, 262 U.S. 51 (1923); Woods v. Cloyd W. Miller Co., 333 U.S. 138 (1948); Chastleton Corp. v. Sinclair, 264 U.S. 543 (1924); Ludecke v. Watkins, 335 U.S. 160 (1948); Lee v. Madigan, 358 U.S. 228 (1959); The Divina Pastora, 17 U.S. (4 Wheat.) 52 (1819). The cases involving the status of Indian tribes as foreign states usually but not always have presented political questions. The Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831); United States v. Sandoval, 231 U.S. 28 (1913); Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832). [Back to text]
Field v. Clark, 143 U.S. 649 (1892); Harwood v. Wentworth, 162 U.S. 547 (1896); cf. Gardner v. The Collector, 73 U.S. (6 Wall.) 499 (1868). See, for the modern formulation, United States v. Munoz-Flores, 495 U.S. 385 (1990). [Back to text]
Coleman v. Miller, 307 U.S. 433 (1939) (Congress’s discretion to determine what passage of time will cause an amendment to lapse, and effect of previous rejection by legislature). [Back to text]
Missouri Pac. Ry. v. Kansas, 248 U.S. 276 (1919); Rainey v. United States, 232 U.S. 310 (1914); Flint v. Stone Tracy Co., 220 U.S. 107 (1911); Twin City National Bank v. Nebeker, 167 U.S. 196 (1897); Lyons v. Woods, 153 U.S. 649 (1894); United States v. Ballin, 144 U.S. 1 (1892) (statutes); United States v. Sprague, 282 U.S. 716 (1931); Leser v. Garnett, 258 U.S. 130 (1922); Dillon v. Gloss, 256 U.S. 368 (1921); Hawke v. Smith (No. 1), 253 U.S. 221 (1920); National Prohibition Cases, 253 U.S. 350 (1920); Hollingsworth v. Virginia, 3 U.S. (3 Dall.) 378 (1798) (constitutional amendments). [Back to text]
Pocket Veto Case, 279 U.S. 655 (1929); Wright v. United States, 302 U.S. 583 (1938). [Back to text]
See, e.g., Chicago & S. Air Lines v. Waterman Steamship Corp., 333 U.S. 103, 111 (1948); Coleman v. Miller, 307 U.S. 433, 453, (1939). [Back to text]
See, e.g., Williams v. Suffolk Ins. Co., 38 U.S. (13 Pet.) 415, 420 (1839). Similar considerations underlay the opinion in Luther v. Borden, 48 U.S. (7 How.) 1 (1849), in which Chief Justice Taney wondered how a court decision in favor of one faction would be received with Congress seating the representatives of the other faction and the President supporting that faction with military force. [Back to text]
Baker v. Carr, 369 U.S. 186, 217, 226 (1962) (opinion of the Court); id. at 268, 287, 295 (Justice Frankfurter dissenting) [Back to text]
For a statement of the “prudential” view, see generally A. BICKEL, THE LEAST DANGEROUS BRANCH: THE SUPREME COURT AT THE BAR OF POLITICS (1962), but see esp. 23–28, 69–71, 183–198. See also Baker v. Carr, 369 U.S. 186, 267 (1962) (Justice Frankfurter dissenting.) The opposing view, which has been called the “classicist” view, is that courts are duty bound to decide all cases properly before them. Cohens v. Virginia, 19 U.S. (6 Wheat.) 264, 404 (1821). See also H. WECHSLER, PRINCIPLES, POLITICS, AND FUNDAMENTAL LAW: SELECTED ESSAYS 11–15 (1961). [Back to text]
Wesberry v. Sanders, 376 U.S. 1 (1964); Reynolds v. Sims, 377 U.S. 533 (1964); Hadley v. Junior College District, 397 U.S. 50 (1970) (apportionment and districting, congressional, legislative, and local); Gray v. Sanders, 372 U.S. 368 (1963) (county unit system weighing statewide elections); Moore v. Ogilvie, 394 U.S. 814 (1969) (geographic dispersion of persons signing nominating petitions). [Back to text]
See, e.g., Powell v. McCormack, 395 U.S. 486 (1969). Nonetheless, the doctrine continues to be sighted. [Back to text]
Baker v. Carr, 369 U.S. 186, 210 (1962). This formulation fails to explain cases like Moyer v. Peabody, 212 U.S. 78 (1909), in which the conclusion of the governor of a state that insurrection existed or was imminent justifying suspension of constitutional rights was deemed binding on the Court. Cf. Sterling v. Constantin, 287 U.S. 378 (1932). The political question doctrine was applied in cases challenging the regularity of enactments of territorial legislatures. Harwood v. Wentworth, 162 U.S. 547 (1896); Lyons v. Woods, 153 U.S. 649 (1894); Clough v. Curtis, 134 U.S. 361 (1890). See also In re Sawyer, 124 U.S. 200 (1888); Walton v. House of Representatives, 265 U.S. 487 (1924). [Back to text]
369 U.S. at 217. It remains unclear after Baker whether the political question doctrine is applicable solely to intrafederal issues or only primarily, so that the existence of one or more of these factors in a case involving, say, a state, might still give rise to nonjusticiability. At one point, id. at 210, Justice Brennan says that nonjusticiability of a political question is “primarily” a function of separation of powers but in the immediately preceding paragraph he states that “it is” the intrafederal aspect “and not the federal judiciary’s relationship to the States” that raises political questions. But subsequently, id. at 226, he balances the present case, which involves a state and not a branch of the Federal Government, against each of the factors listed in the instant quotation and notes that none apply. His discussion of why Guarantee Clause cases are political presents much the same difficulty, id. at 222–26, because he joins the conclusion that the clause commits resolution of such issues to Congress with the assertion that the clause contains no “criteria by which a court could determine which form of government was republican,” id. at 222, a factor not present when the Equal Protection Clause is relied on. Id. at 226. [Back to text]
Bond v. Floyd, 385 U.S. 116 (1966). [Back to text]
Baker v. Carr, 369 U.S. 186, 217 (1962). [Back to text]
395 U.S. at 519–47. The Court noted, however, that even if this conclusion had not been reached from unambiguous evidence, the result would have followed from other considerations. Id. at 547–48. [Back to text]
See H. Wechsler, supra at 11–12. Professor Wechsler believed that congressional decisions about seating members were immune to review. Id. Chief Justice Warren noted that “federal courts might still be barred by the political question doctrine from reviewing the House’s factual determination that a member did not meet one of the standing qualifications. This is an issue not presented in this case and we express no view as to its resolution.” Powell v. McCormack, 395 U.S. 486, 521 n.42 (1969). See also id. at 507 n.27 (reservation on limitations that might exist on Congress’s power to expel or otherwise punish a sitting member). [Back to text]
395 U.S. at 548–549. With the formulation of Chief Justice Warren, compare that of then-Judge Burger in the lower court. 395 F.2d 577, 591–96 (D.C. Cir. 1968). [Back to text]
Gilligan v. Morgan, 413 U.S. 1, 10 (1973). Similar prudential concerns seem to underlay, though they did not provide the formal basis for, the decisions in O’Shea v. Littleton, 414 U.S. 488 (1974), and Mayor of Philadelphia v. Educational Equality League, 415 U.S. 605 (1974). [Back to text]
413 U.S. at 11. Other considerations of justiciability, however, id. at 10, preclude using the case as square precedent on political questions. Notice that in Scheuer v. Rhodes, 416 U.S. 232, 249 (1974), the Court denied that the Gilligan v. Morgan holding barred adjudication of damage actions brought against state officials by the estates of students killed in the course of the conduct that gave rise to both cases. [Back to text]
O’Brien v. Brown, 409 U.S. 1 (1972) (granting stay). The issue was mooted by the passage of time and was not thereafter considered on the merits by the Court. Id. at 816 (remanding to dismiss as moot). It was also not before the Court in Cousins v. Wigoda, 419 U.S. 477 (1975), but it was alluded to there. See id. at 483 n.4, and id. at 491 (Justice Rehnquist concurring). See also Goldwater v. Carter, 444 U.S. 996, 1002 (1979) (Justices Rehnquist, Stewart, and Stevens, and Chief Justice Burger using political question analysis to dismiss a challenge to presidential action). But see id. at 997, 998 (Justice Powell rejecting analysis for this type of case). [Back to text]
Nixon v. United States, 506 U.S. 224 (1993). The Court pronounced its decision as perfectly consonant with Powell v. McCormack. Id. at 236–38. [Back to text]
Japan Whaling Ass’n v. American Cetacean Society, 478 U.S. 221, 230 (1986). See also Davis v. Bandemer, 478 U.S. 109 (1986) (challenge to political gerrymandering is justiciable). But see Vieth v. Jubelirer, 541 U.S. 267 (2004) (no workable standard has been found for measuring burdens on representational rights imposed by political gerrymandering). [Back to text]
United States v. Munoz-Flores, 495 U.S. 385 (1990). [Back to text]
495 U.S. at 390 (emphasis in original). [Back to text]
This left it to Justice Sotomayor and Justice Breyer to raise and address the other considerations, respectively, in concurrence and dissent. [Back to text]
566 U.S. ___, No. 10–699, slip op. at 8. [Back to text]
See Bush v. Palm Beach County Canvassing Bd., 531 U.S. 70 (2000); and Bush v. Gore, 531 U.S. 98 (2000). [Back to text]
12th Amendment. [Back to text]
See the richly detailed summary and citations to authority in G. GUNTHER, CONSTITUTIONAL LAW 1–38 (12th ed. 1991); For expositions on the legitimacy of judicial review, see L. HAND, THE BILL OF RIGHTS (1958); H. WECHSLER, PRINCIPLES, POLITICS, AND FUNDAMENTAL LAW:SELECTED ESSAYS 1–15 (1961); A. BICKEL, THE LEAST DANGEROUS BRANCH: THE SUPREME COURT AT THE BAR OF POLITICS 1–33 (1962); R. BERGER, CONGRESS V. THE SUPREME COURT (1969). For an extensive historical attack on judicial review, see 2 W. CROSSKEY, POLITICS AND THE CONSTITUTION IN THE HISTORY OF THE UNITED STATES chs. 27–29 (1953), with which compare Hart, Book Review, 67 HARV. L. REV. 1456 (1954). A brief review of the ongoing debate on the subject, in a work that now is a classic attack on judicial review, is Westin, Introduction: Charles Beard and American Debate over Judicial Review, 1790–1961, in C. BEARD, THE SUPREME COURT AND THE CONSTITUTION 1–34 (1962 reissue of 1938 ed.), and bibliography at 133–149. While much of the debate focuses on judicial review of acts of Congress, the similar review of state acts has occasioned much controversy as well. [Back to text]
5 U.S. (1 Cr.) 137 (1803). A state act was held inconsistent with a treaty in Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796). [Back to text]
J. Goebel, supra at 60–95. [Back to text]
Id. at 96–142. [Back to text]
M. Farrand, supra at 97–98 (Gerry), 109 (King), 2 id. at 28 (Morris and perhaps Sherman). 73 (Wilson), 75 (Strong, but the remark is ambiguous). 76 (Martin), 78 (Mason), 79 (Gorham, but ambiguous), 80 (Rutledge), 92–93 (Madison), 248 (Pinckney), 299 (Morris), 376 (Williamson), 391 (Wilson), 428 (Rutledge), 430 (Madison), 440 (Madison), 589 (Madison); 3 id. at 220 (Martin). The only expressed opposition to judicial review came from Mercer with a weak seconding from Dickinson. “Mr. Mercer . . . disapproved of the Doctrine that the Judges as expositors of the Constitution should have authority to declare a law void. He thought laws ought to be well and cautiously made, and then to be uncontroulable.” 2 id. at 298. “Mr. Dickinson was strongly impressed with the remark of Mr. Mercer as to the power of the Judges to set aside the law. He thought no such power ought to exist. He was at the same time at a loss what expedient to substitute.” Id. at 299. Of course, the debates in the Convention were not available when the state ratifying conventions acted, so that the delegates could not have known these views about judicial review in order to have acted knowingly about them. Views, were, however, expressed in the ratifying conventions recognizing judicial review, some of them being uttered by Framers. 2 J. ELLIOT, DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE FEDERAL CONSTITUTION (1836). 131 (Samuel Adams, Massachusetts), 196–197 (Ellsworth, Connecticut). 348, 362 (Hamilton, New York): 445–446. 478 (Wilson, Pennsylvania), 3 id. at 324–25, 539, 541 (Henry, Virginia), 480 (Mason, Virginia), 532 (Madison, Virginia), 570 (Randolph, Virginia); 4 id. at 71 (Steele, North Carolina), 156–157 (Davie, North Carolina). In the Virginia convention, John Marshall observed if Congress “were to make a law not warranted by any of the powers enumerated, it would be considered by the judge as an infringement of the Constitution which they are to guard . . . They would declare it void . . . . To what quarter will you look for protection from an infringement on the constitution, if you will not give the power to the judiciary? There is no other body that can afford such a protection.” 3 id. at 553–54. Both Madison and Hamilton similarly asserted the power of judicial review in their campaign for ratification. THE FEDERALIST (J. Cooke ed. 1961). See Nos. 39 and 44, at 256, 305 (Madison), Nos. 78 and 81, at 524–530, 541–552 (Hamilton). The persons supporting or at least indicating they thought judicial review existed did not constitute a majority of the Framers, but the absence of controverting statements, with the exception of the Mercer-Dickinson comments, indicates at least acquiescence if not agreements by the other Framers. To be sure, subsequent comments of some of the Framers indicate an understanding contrary to those cited in the convention. See, e.g., Charles Pinckney in 1799: “On no subject am I more convinced, than that it is an unsafe and dangerous doctrine in a republic, ever to suppose that a judge ought to possess the right of questioning or deciding upon the constitutionality of treaties, laws, or any act of the legislature. It is placing the opinion of an individual, or of two or three, above that of both branches of Congress, a doctrine which is not warranted by the Constitution, and will not, I hope, long have many advocates in this country.” STATE TRIALS OF THE UNITED STATES DURING THE ADMINISTRATIONS OF WASHINGTON AND ADAMS 412 (F. Wharton ed., 1849). Madison’s subsequent changes of position are striking. His remarks in the Philadelphia Convention, in the Virginia ratifying convention, and in The Federalist, cited above, all unequivocally favor the existence of judicial review. And in Congress arguing in support of the constitutional amendments providing a bill of rights, he observed: “If they are incorporated into the Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the Legislature or Executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights,” 1 ANNALS OF CONGRESS 457 (1789); 5 WRITINGS OF JAMES MADISON 385 (G. Hunt ed., 1904). Yet, in a private letter in 1788, he wrote: “In the state constitutions and indeed in the federal one also, no provision is made for the case of a disagreement in expounding them; and as the courts are generally the last in making the decision, it results to them by refusing or not refusing to execute a law, to stamp it with the final character. This makes the Judiciary Department paramount in fact to the legislature, which was never intended and can never be proper.” Id. at 294. At the height of the dispute over the Alien and Sedition Acts, Madison authored a resolution ultimately passed by the Virginia legislature which, though milder, and more restrained than one authored by Jefferson and passed by the Kentucky legislature, asserted the power of the states, though not of one state or of the state legislatures alone, to “interpose” themselves to halt the application of an unconstitutional law. 3 I. BRANT, JAMES MADISON: FATHER OF THE CONSTITUTION, 1787–1800 460–464, 467–471 (1950); Report on the Resolutions of 1798, 6 Writings of James Madison, op. cit., 341–406. Embarrassed by the claim of the nullificationists in later years that his resolution supported their position, Madison distinguished his and their positions and again asserted his belief in judicial review. 6 I. Brant, supra, 481–485, 488–489. The various statements made and positions taken by the Framers have been culled and categorized and argued over many times. For a recent compilation reviewing the previous efforts, see R. Berger, supra, chs. 3–4. [Back to text]
Thus, the Justices on circuit refused to administer a pension act on the grounds of its unconstitutionally, see Hayburn’s Case, 2 U.S. (2 Dall.) 409 (1792), and “Finality of Judgment as an Attribute of Judicial Power,” supra. Chief Justice Jay and other Justices wrote that the imposition of circuit duty on Justices was unconstitutional, although they never mailed the letter, supra, in Hylton v. United States, 3 U.S. (3 Dall.) 171 (1796), a feigned suit, the constitutionality of a federal law was argued before the Justices and upheld on the merits, in Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1797), a state law was overturned, and dicta in several opinions asserted the principle. See Calder v. Bull, 3 U.S. (3 Dall.) 386, 399 (1798) (Justice Iredell), and several Justices on circuit, quoted in J. Goebel, supra, at 589–592. [Back to text]
In enacting the Judiciary Act of 1789, 1 Stat. 73, Congress chose not to vest “federal question” jurisdiction in the federal courts but to leave to the state courts the enforcement of claims under the Constitution and federal laws. In § 25, 1 Stat. 85, Congress provided for review by the Supreme Court of final judgments in state courts (1) “. . . where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity;” (2) “. . . where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favor of their validity;” or (3) “. . . where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed” thereunder. The ruling below was to be “re-examined and reversed or affirmed in the Supreme Court . . . .” [Back to text]
See in particular the debate on the President’s removal powers, discussed supra, “The Removal Power” with statements excerpted in R. Berger, supra at 144–150. Debates on the Alien and Sedition Acts and on the power of Congress to repeal the Judiciary Act of 1801 similarly saw recognition of judicial review of acts of Congress. C. Warren, supra at 107–124. [Back to text]
THE FEDERALIST, Nos. 78 and 81 (J. Cooke ed. 1961), 521–530, 541–552. [Back to text]
Id., No. at 78, 525. [Back to text]
1 Stat. 73, 80. [Back to text]
The section first denominated the original jurisdiction of the Court and then described the Court’s appellate jurisdiction. Following and indeed attached to the sentence on appellate jurisdiction, being separated by a semicolon, is the language saying “and shall have power to issue . . . writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.” The Chief Justice could easily have interpreted the authority to have been granted only in cases under appellate jurisdiction or as authority conferred in cases under both original and appellate jurisdiction when the cases are otherwise appropriate for one jurisdiction or the other. Textually, the section does not compel a reading that Congress was conferring on the Court an original jurisdiction to issue writs of mandamus per se. [Back to text]
Marbury v. Madison, 5 U.S. (1 Cr.) 137, 173–180 (1803). For a classic treatment of Marbury, see Van Alstyne, A Critical Guide to Marbury v. Madison, 1969 DUKE L. J. 1. [Back to text]
5 U.S. at 176. One critic has written that by this question Marshall “had already begged the question-in-chief, which was not whether an act repugnant to the Constitution could stand, but who should be empowered to decide that the act is repugnant.” A. Bickel, supra at 3. Marshall, however, soon reached this question, though more by way of assertion than argument. 5 U.S. (1 Cr.) at 177–78. [Back to text]
5 U.S. at 176–77. [Back to text]
5 U.S. at 177. [Back to text]
5 U.S. at 178. The reference is, of course, to the first part of clause 1, § 2, Art. III: “The judicial power shall extend to all Cases . . . arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. . . .” Compare A. Bickel, supra at 5–6, with R. Berger, supra at 189–222. [Back to text]
5 U.S. at 179–80. The oath provision is contained in Art. VI, cl. 3. Compare A. Bickel, supra at 7–8, with R. Berger, supra at 237–244. [Back to text]
5 U.S. at 180. Compare A. Bickel, supra at 8–12, with R. Berger, supra at 223–284. [Back to text]
E. CORWIN, THE DOCTRINE OF JUDICIAL REVIEW 75–78 (1914); Nelson, Changing Conceptions of Judicial Review: The Evolution of Constitution Theory in the State, 1790–1860, 120 U. P1790–1860, 120 U. PA. L. REV. 1166 (1972). [Back to text]
2 W. Crosskey, supra at 989. See the famous remark of Holmes: “I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as the laws of the several States.” O. HOLMES, COLLECTED LEGAL PAPERS 295–296 (1921). [Back to text]
1 Stat. 73, 85, quoted supra. [Back to text]
Ware v. Hylton, 3 U.S. (3 Dall.) 190 (1796). [Back to text]
Fletcher v. Peck, 10 U.S. (6 Cr.) 87 (1810). The case came to the Court by appeal from a circuit court and not from a state court under § 25. Famous early cases coming to the Court under § 25 in which state laws were voided included Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122 (1819); and McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819). [Back to text]
19 U.S. at 422–23. Justice Story traversed much of the same ground in Martin v. Hunter’s Lessee, 14 U.S. (1 Wheat.) 304 (1816). In Ableman v. Booth, 62 U.S. (21 How.) 506 (1859), the Wisconsin Supreme Court had declared an act of Congress invalid and disregarded a writ of error from the Supreme Court, raising again the Virginia arguments. Chief Justice Taney emphatically rebuked the assertions on grounds both of dual sovereignty and national supremacy. His emphasis on the indispensability of the federal judicial power to maintain national supremacy, to protect the states from national encroachments, and to make the Constitution and laws of the United States uniform all combine to enhance the federal judicial power to a degree perhaps beyond that envisaged even by Story and Marshall. As late as Williams v. Bruffy, 102 U.S. 248 (1880), the concepts were again thrashed out with the refusal of a Virginia court to enforce a mandate of the Supreme Court. See also Cooper v. Aaron, 358 U.S. 1 (1958). [Back to text]
The six forms, or “modalities” as he refers to them, are drawn from P. BOBBITT, CONSTITUTIONAL FATE: THEORY OF THE CONSTITUTION (1982); P. BOBBITT, CONSTITUTIONAL INTERPRETATION (1991). Of course, other scholars may have different categories, but these largely overlap these six forms. E.g., Fallon, A Constructivist Coherence Theory of Constitutional Interpretation, 100 HARV. L. REV. 1189 (1987); Post, Theories of Constitutional Interpretation, in LAW AND THE ORDER OF CULTURE 13–41 (R. Post ed., 1991). [Back to text]
Among the vast writing, see, e.g., R. BORK, THE TEMPTING OF AMERICA (1990); J. ELY, DEMOCRACY AND DISTRUST: A THEORY OF JUDICIAL REVIEW (1980); L. TRIBE & M. DORF, ON READING THE CONSTITUTION (1991); H. WELLINGTON, INTERPRETING THE CONSTITUTION (1990); Symposium, Constitutional Adjudication and Democratic Theory, 56 N. Y. U. L. REV. 259 (1981); Symposium, Judicial Review and the Constitution: The Text and Beyond, 8 U. DAYTON L. REV. 43 (1983); Symposium, Judicial Review Versus Democracy, 42 OHIO ST. L.J. 1 (1981); Symposium, Democracy and Distrust: Ten Years Later, 77 VA. L. REV. 631 (1991). See also Farber, The Originalism Debate: A Guide for the Perplexed, 49 OHIO ST. L.J. 1085 (1989). [Back to text]
This mode is most strongly association with C. BLACK, STRUCTURE AND RELATIONSHIP IN CONSTITUTIONAL LAW (1969). [Back to text]
E.g., Meese, The Attorney General’s View of the Supreme Court: Toward a Jurisprudence of Original Intention, 45 PUB. ADMIN. REV. 701 (1985); Addresses: Construing the Constitution, 19 U. C. DAVIS L. REV. 1 (1985), containing addresses by Justice Brennan, id. at 2, Justice Stevens, id. at 15, and Attorney General Meese. Id. at 22. See also Rehnquist, The Notion of a Living Constitution, 54 TEX. L. REV. 693 (1976). [Back to text]
19 U.S. (6 Wheat.) 264, 404, (1821). [Back to text]
See, e.g., Justice Sutherland in Adkins v. Children’s Hospital, 261 U.S. 525, 544 (1923), and Justice Roberts in United States v. Butler, 297 U.S. 1, 62 (1936). [Back to text]
“Judicial power, as contradistinguished from the powers of the law, has no existence. Courts are the mere instruments of the law, and can will nothing.” Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738, 866 (1824) (Chief Justice Marshall). See also Justice Roberts in United States v. Butler, 297 U.S. 1, 62–63 (1936). [Back to text]
The political question doctrine is another limitation arising in part out of inherent restrictions and in part from prudential considerations. For a discussion of limitations utilizing both stands, see Ashwander v. TVA, 297 U.S. 288, 346–56 (1936) (Justice Brandeis concurring). [Back to text]
Powell v. McCormack, 395 U.S. 486, 548–49 (1969); Baker v. Carr, 369 U.S. 186, 211 (1962); Zwickler v. Koota, 389 U.S. 241, 248 (1967). [Back to text]
28 U.S.C. §§ 1254–1257. See F. Frankfurter & J. Landis, supra at ch. 7. “The Supreme Court is not, and never has been, primarily concerned with the correction of errors in lower court decisions. In almost all cases within the Court’s appellate jurisdiction, the petitioner has already received one appellate review of his case . . . . If we took every case in which an interesting legal question is raised, or our prima facie impression is that the decision below is erroneous, we could not fulfill the Constitutional and statutory responsibilities placed upon the Court. To remain effective, the Supreme Court must continue to decide only those cases which present questions whose resolution will have immediate importance far beyond the particular facts and parties involved.” Chief Justice Vinson, Address on the Work of the Federal Court, in 69 Sup. Ct. v, vi. It “is only accurate to a degree to say that our jurisdiction in cases on appeal is obligatory as distinguished from discretionary on certiorari.” Chief Justice Warren, quoted in Wiener, The Supreme Court’s New Rules, 68 HARV. L. REV. 20, 51 (1954). [Back to text]
See Justice Brandeis’ concurring opinion in Ashwander v. TVA, 297 U.S. 288, 346 (1936). And contrast A. Bickel, supra at 111–198, with Gunther, The Subtle Vices of the “Passive Virtues”: A Comment on Principle and Expediency in Judicial Review, 64 COLUM. L. REV. 1 (1964). [Back to text]
Rescue Army v. Municipal Court, 331 U.S. 549, 568–75 (1947). See also Berea College v. Kentucky, 211 U.S. 45, 53 (1908); Siler v. Louisville & Nashville R.R., 213 U.S. 175, 191 (1909); Carter v. Carter Coal Co., 298 U.S. 238, 325 (1936); Coffman v. Breeze Corp., 323 U.S. 316, 324–325 (1945); Spector Motor Service v. McLaughlin, 323 U.S. 101, 105 (1944); Alma Motor v. Timken Co., 329 U.S. 129 (1946). Judicial restraint as well as considerations of comity underlie the Court’s abstention doctrine when the constitutionality of state laws is challenged. [Back to text]
Rescue Army v. Municipal Court, 331 U.S. 549, 571 (1947). [Back to text]
The Origin and Scope of the American Doctrine of Constitutional Law, in J. THAYER, LEGAL ESSAYS 1, 21 (1908). [Back to text]
See Justices Chase and Iredell in Calder v. Bull, 3 U.S. (3 Dall.) 386, 395, 399 (1798). [Back to text]
E.g., Flemming v. Nestor, 363 U.S. 603, 611 (1960). [Back to text]
“But freedom of contract is, nevertheless, the general rule and restraint the exception; and the exercise of legislative authority to abridge it can be justified only by the existence of exceptional circumstances.” Adkins v. Children’s Hospital, 261 U.S. 525, 546 (1923). [Back to text]
Kovacs v. Cooper, 336 U.S. 77, 88 (1949). Justice Frankfurter’s concurrence, id. at 89–97, is a lengthy critique and review of the “preferred position” cases up to that time. The Court has not used the expression in recent years but the worth it attributes to the values of free expression probably approaches the same result. Today, the Court’s insistence on a “compelling state interest” to justify a governmental decision to classify persons by “suspect” categories, such as race, Loving v. Virginia, 388 U.S. 1 (1967), or to restrict the exercise of a “fundamental” interest, such as the right to vote, Kramer v. Union Free School District, 395 U.S. 621 (1969), or the right to travel, Shapiro v. Thompson, 394 U.S. 618 (1969), clearly imports presumption of unconstitutionality. [Back to text]
“We fully understand . . . the powerful argument that can be made against the wisdom of this legislation, but on that point we have no concern.” Noble State Bank v. Haskell, 219 U.S. 104 (1911) (Justice Holmes for the Court). See also Trop v. Dulles, 356 U.S. 86, 120 (1958) (Justice Frankfurter dissenting). A supposedly hallowed tenet is that the Court will not look to the motives of legislators in determining the validity of a statute. Fletcher v. Peck, 10 U.S. (6 Cr.) 87 (1810); United States v. O’Brien, 391 U.S. 367 (1968); Palmer v. Thompson, 403 U.S. 217 (1971). Yet an intent to discriminate is a requisite to finding at least some equal protection violations, Washington v. Davis, 426 U.S. 229 (1976); Village of Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252 (1977), and a secular or religious purpose is one of the parts of the tripartite test under the Establishment Clause. Committee for Pub. Educ. and Religious Liberty v. Regan, 444 U.S. 646, 653 (1980), and id. at 665 (dissent). Other constitutional decisions have also turned upon the Court’s assessment of purpose or motive. E.g., Gomillion v. Lightfoot, 364 U.S. 339 (1960); Child Labor Tax Case, 259 U.S. 20 (1922). [Back to text]
Cf. Griswold v. Connecticut, 381 U.S. 479, 522 (1965) (Justice Black dissenting). But note above the reference to the ethical mode of constitutional argument. [Back to text]
E.g., Lochner v. New York, 198 U.S. 45 (1905); United States v. Butler, 297 U.S. 1 (1936). [Back to text]
Ogden v. Saunders, 25 U.S. (12 Wheat.) 213, 270 (1827). See also Fletcher v. Peck, 10 U.S. (6 Cr.) 87, 128 (1810); Legal Tender Cases (Knox v. Lee), 79 U.S. (12 Wall.) 457, 531 (1871). [Back to text]
Munn v. Illinois, 94 U.S. 113, 132 (1877); Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 78–79 (1911); Metropolitan Cas. Ins. Co. v. Brownell, 294 U.S. 580, 584 (1935). [Back to text]
E.g., United States v. Robel, 389 U.S. 258 (1967); United Mine Workers v. Illinois State Bar Ass’n, 389 U.S. 217 (1967). But see McGowan v. Maryland, 366 U.S. 420, 426 (1961). The development of the “compelling state interest” test in certain areas of equal protection litigation also bespeaks less deference to the legislative judgment. [Back to text]
Bond v. United States, 572 U.S. ___, No. 12–158, slip op. (2014); United States v. X-Citement Video, Inc., 513 U.S. 64, 69 (1994); Rust v. Sullivan, 500 U.S. 173, 190–91 (1991); Public Citizen v. Department of Justice, 491 U.S. 440, 465–67 (1989) (quoting Crowell v. Benson, 285 U.S. 22, 62 (1932)); Edward J. DeBartolo Corp. v. Fla. Gulf Coast Bldg. & Constr. Trades Council, 485 U.S. 568, 575 (1988). [Back to text]
E.g., Michaelson v. United States, 266 U.S. 42 (1924) (narrow construction of Clayton Act contempt provisions to avoid constitutional questions); United States v. Harriss, 347 U.S. 612 (1954) (lobbying act); United States v. Seeger, 380 U.S. 163 (1965): Welsh v. United States, 398 U.S. 333 (1970) (both involving conscientious objection statute). [Back to text]
United States v. Locke, 471 U.S. 84, 96 (1984) (quoting Moore Ice Cream Co. v. Rose, 289 U.S. 373, 379 (1933)). [Back to text]
Rust v. Sullivan, 500 U.S. 173, 191 (1991); but compare id. at 204–07 (Justice Blackmun dissenting), and 223–225 (Justice O’Connor dissenting). See also Peretz v. United States, 501 U.S. 923, 929–930 (1991). [Back to text]
Alaska Airlines, Inc. v. Brock, 480 U.S. 678, 684 (1987); Pollock v. Farmers’ Loan & Trust Co., 158 U.S. 601, 635 (1895); but see Baldwin v. Franks, 120 U.S. 678, 685 (1887), now repudiated. Griffin v. Breckenridge, 403 U.S. 88, 104 (1971). In Kimbrough v. United States, 128 S. Ct. 558, 577 (2007), Justice Thomas, dissenting, referred to “our longstanding presumption of the severability of unconstitutional applications of statutory provisions.” [Back to text]
See Whole Woman’s Health v. Hellerstedt, 579 U.S. ___, No. 15–274, slip op. at 37 (2016) (noting that while as a “general matter” courts will honor a legislature’s preference with regard to severability, severability clauses do not impose a requirement on courts that are confronted with facially unconstitutional statutory provisions, as such an approach would “inflict enormous costs on both courts and litigants” in parsing out what remains of the statute); see also Ayotte v. Planned Parenthood of N. New Eng., 546 U.S. 320, 329 (2006) (discussing how a severability clause is not grounds for a court to “devise a judicial remedy that . . . entail[s] quintessentially legislative work.”); Reno v. ACLU, 521 U.S. 844, 884–85 n.49 (1997) (noting the limits on how broadly a court can read a severability clause); see generally Dorchy v. Kansas, 264 U.S. 286, 290 (1924) (concluding that a severability clause is an “aid merely; not an inexorable command.”) [Back to text]
Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406–408 (1932) (Justice Brandeis dissenting). For recent arguments with respect to overruling or not overruling previous decisions, see the self-consciously elaborate opinion for a plurality in Planned Parenthood v. Casey, 505 U.S. 833, 854–69 (1992) (Justices O’Connor, Kennedy, and Souter) (acknowledging that as an original matter they would not have decided Roe v. Wade, 410 U.S. 113 (1973), as the Court did and that they might consider it wrongly decided, but nonetheless applying the principles of stare decisis— they stressed the workability of the case’s holding, the fact that no other line of precedent had undermined Roe, the vitality of that case’s factual underpinnings, the reliance on the precedent in society, and the effect upon the Court’s legitimacy of maintaining or overruling the case). See id. at 953–66 (Chief Justice Rehnquist concurring in part and dissenting in part), 993–1001 (Justice Scalia concurring in part and dissenting in part). See also Payne v. Tennessee, 501 U.S. 808, 827–30 (1991) (suggesting, inter alia, that reliance is relevant in contract and property cases), and id. at 835, 842–44 (Justice Souter concurring), 844, 848–56 (Justice Marshall dissenting). [Back to text]
Helvering v. Hallock, 309 U.S. 106, 110 (1940) (Justice Frankfurter for Court). See also Coleman v. Alabama, 399 U.S. 1, 22 (1970) (Chief Justice Burger dissenting). But see id. at 19 (Justice Harlan concurring in part and dissenting in part); Williams v. Florida, 399 U.S. 78, 117–119 (1970) (Justice Harlan concurring in part and dissenting in part). Recent discussions of and both applications of and refusals to apply stare decisis may be found in Hohn v. United States, 524 U.S. 236, 251–52 (1998), and id. at 260–63 (Justice Scalia dissenting); State Oil Co. v. Khan, 522 U.S. 3, 20–2 (1997); Agostini v. Felton, 521 U.S. 203, 235–36 (1997), and id. at 523–54 (Justice Souter dissenting); United States v. IBM Corp., 517 U.S. 843, 854–56 (1996) (noting principles of following precedent and declining to consider overturning an old precedent when parties have not advanced arguments on the point), with which compare id. at 863 (Justice Kennedy dissenting) (arguing that the United States had presented the point and that the old case ought to be overturned); Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) (plurality opinion) (discussing stare decisis, citing past instances of overrulings, and overruling 1990 decision), with which compare the dissents, id. at 242, 264, 271; Seminole Tribe of Florida v. Florida, 517 U.S. 44, 61–73 (1996) (discussing policy of stare decisis, why it should not be followed with respect to a 1989 decision, and overruling that precedent), with which compare the dissents, id. at 76, 100. Justices Scalia and Thomas have argued for various departures from precedent. E.g., Oklahoma Tax Comm’n v. Jefferson Lines, Inc., 514 U.S. 175, 200–01 (1995) (Justice Scalia concurring) (negative commerce jurisprudence); Colorado Republican Campaign Comm. v. FEC, 518 U.S. 604, 631 (1996) (Justice Thomas concurring in part and dissenting in part) (rejecting framework of Buckley v. Valeo and calling for overruling of part of case). Compare id. at 626 (Court notes those issues not raised or argued). [Back to text]
157 U.S. 429, 574–579 (1895). [Back to text]
See Appendix. The list encompasses both constitutional and statutory interpretation decisions. The Court adheres, at least formally, to the principle that stare decisis is a stricter rule for statutory interpretation, Patterson v. McLean Credit Union, 491 U.S. 164, 171–175 (1989), at least in part since Congress may much more easily revise those decisions, but compare id. at 175 n.1, with id. at 190–205 (Justice Brennan concurring in the judgment in part and dissenting in part). See also Flood v. Kuhn, 407 U.S. 258 (1972). [Back to text]
E.g., United States v. Rabinowitz, 339 U.S. 56, 86 (1950) (Justice Frankfurter dissenting); Baker v. Carr, 369 U.S. 186, 339–340 (1962) (Justice Harlan dissenting); Gray v. Sanders, 372 U.S. 368, 383 (1963) (Justice Harlan dissenting). But see Green v. United States, 356 U.S. 165, 195 (1958) (Justice Black dissenting). Compare Justice Harlan’s views in Mapp v. Ohio, 367 U.S. 643 (1961) (dissenting), with Glidden Co. v. Zdanok, 370 U.S. 530 (1962) (opinion of the Court). [Back to text]
Note that, in Planned Parenthood v. Casey, 505 U.S. 833 (1992), while the Court purported to uphold and retain the “central meaning” of Roe v. Wade, it overruled several aspects of that case’s requirements. See also, e.g., the Court’s treatment of Pope v. Williams, 193 U.S. 621 (1904), in Dunn v. Blumstein, 405 U.S. 330, 337, n.7 (1972). See also id. at 361 (Justice Blackmun concurring.) [Back to text]
Terminiello v. City of Chicago, 337 U.S. 1, 11 (1949) (dissenting). [Back to text]
B. CARDOZO, THE NATURE OF THE JUDICIAL PROCESS 141 (1921). [Back to text]
Compare Griswold v. Connecticut, 381 U.S. 479, 482 (1965) (Justice Douglas), with id. at 507 (Justice Black). [Back to text]
West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 646 (1943) (dissenting). [Back to text]
Cohens v. Virginia, 19 U.S. (6 Wheat.) 264, 378 (1821). [Back to text]
M. Farrand, supra at 22, 211–212, 220, 244; 2 id. at 146–47, 186–87. [Back to text]
Id. at 423–24, 430, 431. [Back to text]
1 Stat. 73. The district courts were given cognizance of “suits for penalties and forfeitures incurred, under the laws of the United States” and “of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States . . . .” Id. at 77. Plenary federal question jurisdiction was conferred by the Act of February 13, 1801,§ 11, 2 Stat. 92, but this law was repealed by the Act of March 8, 1802, 2 Stat. 132. On § 25 of the 1789 Act, providing for appeals to the Supreme Court from state court constitutional decisions, see supra. [Back to text]
Act of April 10, 1790, § 5, 1 Stat. 111, as amended, Act of February 21, 1793, § 6, 1 Stat. 322 (suits relating to patents). Limited removal provisions were also enacted. [Back to text]
Act of April 9, 1866, § 3, 14 Stat, 27; Act of May 31, 1870, § 8, 16 Stat. 142; Act of February 28, 1871,§ 15, 16 Stat. 438; Act of April 20, 1871, §§ 2, 6, 17 Stat. 14, 15. [Back to text]
Act of March 3, 1875, § 1, 18 Stat. 470, now 28 U.S.C. § 1331(a). The classic treatment of the subject and its history is F. Frankfurter & J. Landis, supra. [Back to text]
For a brief summary, see Hart & Wechsler (6th ed.), supra at 743–748. [Back to text]
28 U.S.C. § 1331(a). The original Act was worded slightly differently. [Back to text]
Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824). See also Cohens v. Virginia, 19 U.S. (6 Wheat.) 264, 379 (1821). [Back to text]
C. WRIGHT, HANDBOOK OF THE LAW OF FEDERAL COURTS § 17 (4th ed. 1983). [Back to text]
See Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. ___, No. 14–1132, slip op. at 9–10 (2016) (“This Court has long read the words ‘arising under’ in Article III to extend quite broadly, to all cases in which a federal question is an ingredient of the action . . . In the statutory context, however, we . . . give those same words a narrower scope in the light of § 1331’s history, the demands of reason and coherence, and the dictates of sound judicial policy.”) (internal brackets, citations, and quotations omitted). [Back to text]
See generally Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804 (1986); Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1 (1983). [Back to text]
Newburyport Water Co. v. City of Newburyport, 193 U.S. 561, 576 (1904); Levering & Garrigues Co. v. Morrin, 289 U.S. 103, 105 (1933); Binderup v. Pathe Exchange, 263 U.S. 291, 305–308 (1923). If the complaint states a case arising under the Constitution or federal law, then federal jurisdiction exists even though on the merits the party may have no federal right. In such a case, the proper course for the court is to dismiss for failure to state a claim on which relief can be granted rather than for want of jurisdiction. Bell v. Hood, 327 U.S. 678 (1946). Of course, dismissal for lack of jurisdiction is proper if the federal claim is frivolous or obviously insubstantial. Levering & Garrigues Co. v. Morrin, 289 U.S. 103, 105 (1933). [Back to text]
Louisville & N.R.R. v. Mottley, 211 U.S. 149 (1908). See Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667 (1950); Phillips Petroleum Co. v. Texaco, Inc., 415 U.S. 125 (1974). [Back to text]
Such was the rule derived from Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824). See Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1 (1983); Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804 (1986). [Back to text]
American Well Works Co. v. Layne & Bowler Co., 241 U.S. 257, 260 (1916). Compare Albright v. Teas, 106 U.S. 613 (1883), and People of Puerto Rico v. Russell & Co., 288 U.S. 476 (1933), with Feibelman v. Packard, 109 U.S. 421 (1883), and The Fair v. Kohler Die & Specialty Co., 228 U.S. 22 (1913). [Back to text]
Gully v. First National Bank in Meridian, 299 U.S. 109, 117 (1936). [Back to text]
299 U.S. at 112–13. Compare Wheeldin v. Wheeler, 373 U.S. 647 (1963), with Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). See also J. I. Case Co. v. Borak, 377 U.S. 426 (1964); Smith v. Kansas City Title & Trust Co., 255 U.S. 180 (1921). [Back to text]
For an express acknowledgment, see Verlinden B. V. v. Central Bank of Nigeria, 461 U.S. 480, 495 (1983). See also Shoshone Mining Co. v. Rutter, 177 U.S. 505 (1900); Romero v. International Terminal Operating Co., 358 U.S. 354, 379 n.51 (1959). [Back to text]
E.g., Pacific R.R. Removal Cases, 115 U.S. 1 (1885); see also id. at 24 (Chief Justice Waite dissenting). [Back to text]
§ 12, 1 Stat. 79. [Back to text]
The first was the Act of February 4, 1815, § 8, 3 Stat. 198. The series of statutes is briefly reviewed in Willingham v. Morgan, 395 U.S. 402, 405–406 (1969), and in Hart & Wechsler (6th ed.), supra at 396–398. See 28 U.S.C. §§ 1442, 1442a. [Back to text]
Act of March 3, 1875, § 2, 18 Stat. 471. The present pattern of removal jurisdiction was established by the Act of March 3, 1887, 24 Stat. 552, as amended, 25 Stat. 433. [Back to text]
28 U.S.C. § 1441. [Back to text]
Martin v. Hunter’s Lessee, 14 U.S. (1 Wheat.) 304, 347–351 (1816). Story was not here concerned with the constitutionality of removal but with the constitutionality of Supreme Court review of state judgments. [Back to text]
Chicago & N.W. Ry. v. Whitton’s Administrator, 80 U.S. (13 Wall.) 270 (1872). Removal here was based on diversity of citizenship. See also The Moses Taylor, 71 U.S. (4 Wall.) 411, 429–430 (1867); The Mayor v. Cooper, 73 U.S. (6 Wall.) 247 (1868). [Back to text]
Willingham v. Morgan, 395 U.S. 402 (1969). See also Maryland v. Soper, 270 U.S. 9 (1926). Removal by a federal officer must be predicated on the allegation of a colorable federal defense. Mesa v. California, 489 U.S. 121 (1989). However, a federal agency is not permitted to remove under the statute’s plain meaning. International Primate Protection League v. Tulane Educ. Fund, 500 U.S. 72 (1991). [Back to text]
Georgia v. Rachel, 384 U.S. 780 (1966); City of Greenwood v. Peacock, 384 U.S. 808 (1966); Johnson v. Mississippi, 421 U.S. 213 (1975). [Back to text]
The First Bank could not sue because it was not so authorized. Bank of the United States v. Deveaux, 9 U.S. (5 Cr.) 61 (1809). The language, which Marshall interpreted as conveying jurisdiction, was long construed simply to give a party the right to sue and be sued without itself creating jurisdiction, Bankers Trust Co. v. Texas & P. Ry., 241 U.S. 295 (1916), but, in American National Red Cross v. S. G., 505 U.S. 247 (1992), a 5-to-4 decision, the Court held that, when a federal statutory charter expressly mentions the federal courts in its “sue and be sued” provision, the charter creates original federal-question jurisdiction as well, although a general authorization to sue and be sued in courts of general jurisdiction, including federal courts, without expressly mentioning them, does not confer jurisdiction. [Back to text]
115 U.S. 1 (1885). [Back to text]
§ 4, 22 Stat. 162. [Back to text]
See 28 U.S.C. § 1349. [Back to text]
§ 301, 61 Stat. 156 (1947), 29 U.S.C. § 185. [Back to text]
Textile Workers of America v. Lincoln Mills, 353 U.S. 448 (1957). Earlier the Court had given the section a restricted reading in Association of Employees v. Westinghouse Electric Corp., 348 U.S. 437 (1955), at least in part because of constitutional doubts that § 301 cases in the absence of diversity of citizenship presented a federal question sufficient for federal jurisdiction. Id. at 449–52, 459–61 (opinion of Justice Frankfurter). In Lincoln Mills, the Court resolved this difficulty by ruling that federal law was at issue in § 301 suits and thus cases arising under § 301 presented federal questions. 353 U.S. at 457. The particular holding of Westinghouse, that no jurisdiction exists under § 301 for suits to enforce personal rights of employees claiming unpaid wages, was overturned in Smith v. Evening News Ass’n, 371 U.S. 195 (1962). [Back to text]
Charles Dowd Box Co. v. Courtney, 368 U.S. 502 (1962). [Back to text]
Teamsters v. Lucas Flour Co., 369 U.S. 95 (1962). State law is not, however, to be totally disregarded. “State law, if compatible with the purpose of § 301, may be resorted to in order to find the rule that will best effectuate the federal policy . . . . Any state law applied, however, will be absorbed as federal law and will not be an independent source of private rights.” Textile Workers Union v. Lincoln Mills, 353 U.S. 448, 457 (1957). [Back to text]
For example, when federal statutes create new duties without explicitly creating private federal remedies for their violation, the willingness of the federal courts to infer private causes will implicate the federal courts’ workload. During the mid- 20th century, the Court would imply causes of action that were not explicit in the text of a statute as a routine matter. See, e.g., Allen v. State Bd. of Elections, 393 U.S. 544, 557 (1969) (“We have previously held that a federal statute passed to protect a class of citizens, although not specifically authorizing members of the protected class to institute suit, nevertheless implied a private right of action.”); Sullivan v. Little Hunting Park, 396 U.S. 229, 239 (1969) (“The existence of a statutory right implies the existence of all necessary and appropriate remedies.”). In the late 1970s, the Court began to move away from such an approach, see Cannon v. University of Chicago, 441 U.S. 677, 717 (1979) (“When Congress intends private litigants to have a cause of action to support their statutory rights, the far better course is for it to specify as much when it creates those rights.”), and more recently has instead held that for a court to recognize a statutory cause of action, the statute itself must “displa[y] an intent to create” both a private right and a private remedy. See Alexander v. Sandoval, 532 U.S. 275, 286 (2001). In the context of constitutional rights, the Court in 1971 recognized (in the absence of any federal statute) an implied damages remedy to compensate persons injured by federal officers who violated the Fourth Amendment’s prohibition against unreasonable searches and seizures. See Bivens v. Six Unknown Named Agents, 403 U.S. 388, 397 (1971). Since Bivens, the Court has recognized a similar remedy for a violation of the equal protection component of the Fifth Amendment’s Due Process Clause, see Davis v. Passman, 442 U.S. 228, 248–49 (1979), and an Eighth Amendment Cruel and Unusual Punishment Clause violation, see Carlson v. Green, 446 U.S. 14, 19 (1980). However, these three cases are anomolous and represent the “only instances in which the Court has approved of an implied damages remedy under the Constitution itself.” See Ziglar v. Abbasi, 582 U.S. ___, No. 15–1358, slip op. at 7 (2017). Instead, in a series of cases, the Court has rejected extending the Bivens remedy to other contexts. See Minneci v. Pollard, 565 U.S. 118, 120 (2012) (rejecting an Eighth Amendment-based Bivens claim against employees of a privately operated federal prison); Wilkie v. Robbins, 551 U.S. 537, 547–48, 562 (2007) (refusing to recognize a Bivens claim against officials of the Bureau of Land Management accused of harassment and intimidation aimed at extracting an easement across private property in violation of the Fourth and Fifth Amendments); Correctional Services Corp. v. Malesko, 534 U.S. 61 (2001) (refusing to extend Bivens to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons); FDIC v. Meyer, 510 U.S. 471 (1994) (declining to imply a Bivens cause of action directly against an agency of the Federal Government); Schweiker v. Chilicki, 487 U.S. 412 (1988) (refusing to infer a damages action against individual government employees alleged to have violated due process in their handling of Social Security applications); United States v. Stanley, 483 U.S. 669, 671–72, 683–84 (1987) (holding that Bivens does not extend to any claim incident to military service); Bush v. Lucas, 462 U.S. 367, 389 (1983) (declining to create a Bivens remedy against individual Government officials for a First Amendment violation arising in the context of federal employment); Chappell v. Wallace, 462 U.S. 296, 298 (1983) (declining to extend Bivens to claims by military personnel against superior officers). Recognizing that “it is a significant step under separation-of-powers principles for a court to determine that it has the authority . . . to create and enforce a cause of action for damages against federal officials in order to remedy a constitutional violation,” the Court in Ziglar v. Abbasi, without overturning Bivens, held that if a case is different in a meaningful way from the three previous instances in which the Court recognized a damages remedy, Bivens should not be extended to a new context if there are “special factors” counseling hesitation. See Ziglar, slip op. at 10–16. In particular, if there are reasons to think that Congress might have questioned the need for a damages remedy, courts must refrain from creating such a remedy. Id. at 10. Moreover, the Court supported its conclusion by noting that courts generally are not well suited, absent congressional action or instruction, to consider and weigh the costs and benefits of allowing a damages action to proceed. Id. at 12. In addition “federal common law” may exist in a number of areas where federal interests are involved and federal courts may take cognizance of such suits under their “arising under” jurisdiction. See, e.g., Illinois v. City of Milwaukee, 406 U.S. 91, 100 (1972); Int’l Paper Co. v. Ouellette, 479 U.S. 481, 488 (1987). The Court, however, has been somewhat wary of finding “federal common law” in the absence of some congressional authorization to formulate substantive rules, see Texas Industries v. Radcliff Materials, 451 U.S. 630, 640 (1981), and Congress may always statutorily displace the judicially created law. City of Milwaukee v. Illinois, 451 U.S. 304 at 107 (1981). [Back to text]
28 U.S.C. § 1343(3). The cause of action to which this jurisdictional grant applies is 42 U.S.C. § 1983, making liable and subject to other redress any person who, acting under color of state law, deprives any person of any rights, privileges, or immunities secured by the Constitution and laws of the United States. For discussion of the history and development of these two statutes, see Monroe v. Pape, 365 U.S. 167 (1961); Lynch v. Household Finance Corp., 405 U.S. 538 (1972); Monell v. New York City Dep’t of Social Services, 436 U.S. 658 (1978); Chapman v. Houston Welfare Rights Org., 441 U.S. 600 (1979); Maine v. Thiboutot, 448 U.S. 1 (1980). Although the two statutes originally had the same wording in respect to “the Constitution and laws of the United States,” when the substantive and jurisdictional aspects were separated and codified, § 1983 retained the all-inclusive “laws” provision, while § 1343(3) read “any Act of Congress providing for equal rights.” The Court has interpreted the language of the two statutes literally, so that while claims under laws of the United States need not relate to equal rights but may encompass welfare and regulatory laws, Maine v. Thiboutot; but see Middlesex County Sewerage Auth. v. National Sea Clammers Assn., 453 U.S. 1 (1981), such suits if they do not spring from an act providing for equal rights may not be brought under § 1343(3). Chapman v. Houston Welfare Rights Org., supra. This was important when there was a jurisdictional amount provision in the federal question statute but is of little significance today. [Back to text]
See Hague v. CIO, 307 U.S. 496 (1939). Following Hague, it was argued that only cases involving personal rights, that could not be valued in dollars, could be brought under § 1343(3), and that cases involving property rights, which could be so valued, had to be brought under the federal question statute. This attempted distinction was rejected in Lynch v. Household Finance Corp., 405 U.S. 538, 546–48 (1972). On the valuation of constitutional rights, see Carey v. Piphus, 435 U.S. 247 (1978). See also Memphis Community School Dist. v. Stachura, 477 U.S. 299 (1986) (compensatory damages must be based on injury to the plaintiff, not on some abstract valuation of constitutional rights). [Back to text]
28 U.S.C. § 1331 was amended in 1976 and 1980 to eliminate the jurisdictional amount requirement. Pub. L. 94–574, 90 Stat. 2721; Pub. L. 96–486, 94 Stat. 2369. [Back to text]
Patsy v. Florida Board of Regents, 457 U.S. 496 (1982). This had been the rule since at least McNeese v. Cahokia Bd. of Educ., 373 U.S. 668 (1963). See also Felder v. Casey, 487 U.S. 131 (1988) (state notice of claim statute, requiring notice and waiting period before bringing suit in state court under § 1983, is preempted). [Back to text]
Thus, such notable cases as Brown v. Board of Education, 347 U.S. 483 (1954), and Baker v. Carr, 369 U.S. 186 (1962), arose under the statutes. [Back to text]
Civil Rights Attorney’s Fees Awards Act of 1976, Pub. L. 94–559, 90 Stat. 2641, amending 42 U.S.C. § 1988. See Hutto v. Finney, 437 U.S. 678 (1978); Maine v. Thiboutot, 448 U.S. 1 (1980). [Back to text]
E.g., Civil Rights of Institutionalized Persons Act, Pub. L. 96–247, 94 Stat. 349 (1980), 42 U.S.C. §§ 1997et seq. [Back to text]
E.g., Parratt v. Taylor, 451 U.S. 527 (1981); Ingraham v. Wright, 430 U.S. 651 (1977). [Back to text]
Maine v. Thiboutot, 448 U.S. 1 (1980). [Back to text]
Levering & Garrigues Co. v. Morrin, 289 U.S. 103, 105 (1933); Hagans v. Lavine, 415 U.S. 528, 534–543 (1974). [Back to text]
Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738, 822–28 (1824); Siler v. Louisville & Nashville R.R. Co., 213 U.S. 175 (1909); Hurn v. Oursler, 289 U.S. 238 (1933); United Mine Workers v. Gibbs, 383 U.S. 715 (1966). [Back to text]
Osborn v. Bank, 22 U.S. at 725. This test replaced a difficult-to-apply test of Hurn v. Oursler, 289 U.S. 238, 245–46 (1933). See also Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994); Peacock v. Thomas, 516 U.S. 349 (1996) (both cases using the new vernacular of “ancillary jurisdiction”). [Back to text]
Siler v. Louisville & Nashville R. Co., 213 U.S. 175 (1909); Greene v. Louisville & Interurban R.R., 244 U.S. 499 (1917); Hagans v. Lavine, 415 U.S. 528, 546–550 (1974). In fact, it may be an abuse of discretion for a federal court to fail to decide on an available state law ground instead of reaching the federal constitutional question. Schmidt v. Oakland Unified School Dist., 457 U.S. 594 (1982) (per curiam). However, narrowing previous law, the Court held in Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89 (1984), held that, when a pendent claim of state law involves a claim that is against a state for purposes of the Eleventh Amendment, federal courts may not adjudicate it. [Back to text]
United Mine Workers v. Gibbs, 383 U.S. 715, 726–27 (1966). [Back to text]
The initial decision was Freeman v. Howe, 65 U.S. (24 How.) 450 (1861), in which federal jurisdiction was founded on diversity of citizenship. [Back to text]
Moore v. New York Cotton Exchange, 270 U.S. 593 (1926). [Back to text]
Romero v. International Terminal Operating Co., 358 U.S. 354, 380–81 (1959); Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963). [Back to text]
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Rivers' death may have involved anesthesia or surgeon error
Joan Rivers was a celebrity followed by many people in Maryland as well as throughout the country. One seemingly irrelevant detail has emerged from the shroud of mystery that cloaks the tragic events of her death. During the fatal diagnostic procedure, one of the doctors took a "selfie" of herself and the sedated celebrity. That speaks volumes about the lackadaisical approach of the doctors that day. Although it is not yet known whether her death resulted from surgeon error or an anesthesia error, the selfie could be an important signpost that may portend a future finding of professional negligence.
The idea of a selfie being taken under circumstances requiring a solemn focus on the medical procedure signals a lack of professionalism. The fact that at least one of the physicians has been removed from the staff of the medical center indicates that there are some dire facts waiting to be revealed. One of those facts is trickling to the surface: a purportedly unauthorized biopsy was taken during the scheduled endoscopy.
An endoscopy involves a visual probe that is inserted into the throat, the esophagus and/or into the stomach area to view their medical status. Prior to the procedure, the patient would have been required to sign a paper indicating that she gave informed consent to the procedure. The biopsy, however, is a totally different diagnostic process in which a surgeon takes a tissue sample from a designated area for laboratory analysis.
It's possible, but unlikely, that the patient consented to a biopsy to occur simultaneously with an endoscopy. Press reports in Maryland and nationwide have consistently reported the biopsy as being unauthorized. If there is no medical emergency, the patient must be told in advance the precise nature of the medical procedure, the risks involved and other relevant details, and she must give her consent. In addition to the surgeon error that may have caused her death, the lack of informed consent is a separate malpractice claim in itself.
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Spanish, 1893–1983
https://www.moma.org/artists/4016?locale=en
468 works online
Joan Miró’s painting The Hunter (Catalan Landscape) brings together the real and the imaginary, abstraction and figuration, and image and text in a way that would characterize much of his work to come. In the canvas—a landscape filled with personal symbols and evocations of life on his family’s farm in Montroig, Spain, such as a tree trunk sprouting a leaf and the eponymous hunter carrying a freshly killed rabbit—he rendered the everydayness of the farm with a poetic intensity. This impetus to reveal the marvelous in the quotidian attracted the attention of André Breton, the founder of Surrealism, who acquired The Hunter in 1925. Breton would later deem Miró’s arrival in Paris in the early 1920s “an important stage in the development of surrealist art.” 1 Indeed Miró’s studio in Paris soon became an “avant-garde laboratory”2 and gathering place for artists and writers, including André Masson (whose studio adjoined Miró’s), Antonin Artaud, and Robert Desnos.
According to Breton, the Surrealists sought to liberate “the real functioning of the mind” through “a pure psychic automatism,” free of “any control exercised by reason.”3 Their approach to art making, as defined by Breton, inspired Miró. He later recounted, “Rather than setting out to paint something, I begin painting and as I paint the picture begins to assert itself….,The first stage is free, unconscious.” But, he continued, “The second stage is carefully calculated.”4 The Birth of the World reflects this blend of spontaneity and deliberation. Although its brushy, atmospheric background was freely applied, the individual motifs and their arrangement were sketched out in advance. In this and many of his following works, Miró attempted to give free rein to the unconscious, as the Surrealists did, at the same time as he sought to formulate a new pictorial language.
Beginning in the late 1920s, Miró embarked on a period of experimentation with mediums and techniques, attacking the limits of painting in order to reinvigorate it. He successively made works on unprimed canvases, white grounds, flocked paper, cardboard, Masonite, and copper; collages, paintings based on collage, and so-called “drawing collages”; and constructions and objects. These experiments also included engagements with art history and with language. In Dutch Interior (I), part of a series based on 17th-century Dutch genre paintings, Miró reimagined illusionistic space, compressing and flattening the scene of the original painting into planes of non-naturalistic, unmodulated color. Later, the aerial, calligraphic “Hirondelle Amour” exemplified his peinture-poésie, or painting-poetry, as biomorphic forms and words seem to float in suspension above a blue expanse.
Still Life with Old Shoe brought an end to an intense, decade-long period of experimentation, as Miró announced his intention to do “something absolutely different.”5 The canvas, which he painted in Paris as the Spanish Civil War raged in his home country, marked his temporary return to working from life. It straddles the line between still life and landscape, even as the saturated, acidic colors and disproportionately scaled objects undermine its title’s—and Miró’s—proclaimed adherence to reality.
By 1939, World War II had come to the European continent. In this climate of danger and human catastrophe, Miró created the Constellations, a series of 23 gouaches on paper, including The Escape Ladder, which gave form to the transcendence and escape he longed for during those years. Interweaving his distinctive visual vocabulary with cosmic and earthly themes, these intimately sized works were easily transportable. In flight from the German invasion, he carried the earliest gouaches in the series, begun in France, back with him to the relative safety of Spain. Breton would later reflect that “Miró, at this hour of extreme anguish unfurl[ed] the full range of his voice,” sounding the same “note of wild defiance of the hunter expressed by the grouse’s love song.”6 After the war, Miró gained international recognition as he continued to experiment freely with different mediums, including ceramics, printmaking, book illustration, and sculpture.
Introduction by Natalie Dupêcher, independent scholar, 2017
André Breton, “Artistic Genesis and Perspective of Surrealism” (1941), translated in André Breton, Surrealism and Painting, trans. Simon Watson Taylor (New York: Harper & Row, 1972), 70.
Jacques Dupin, Joan Miró, Life and Work, trans. Norbert Guterman (New York: Harry N. Abrams, Inc., 1962), 137.
André Breton, First Manifesto of Surrealism (1924).
Joan Miró, in “Joan Miró: Comment and Interview,” by James Johnson Sweeney, in Partisan Review (New York) 15, no. 2 (February 1948); translated in Joan Miró: Selected Writings and Interviews.
Joan Miró to Pierre Matisse, January 12, 1937; translated in Joan Miró: Selected Writings and Interviews, 146.
André Breton, “Joan Miró: Constellations” (1958), in Surrealism and Painting, 263.
Show full text
Wikipedia entry
Joan Miró i Ferrà ( mi-ROH, also US: mee-ROH, Catalan: [ʒuˈam miˈɾo j fəˈra]; 20 April 1893 – 25 December 1983) was a Spanish painter, sculptor, and ceramicist born in Barcelona. A museum dedicated to his work, the Fundació Joan Miró, was established in his native city of Barcelona in 1975, and another, the Fundació Pilar i Joan Miró, was established in his adoptive city of Palma de Mallorca in 1981. Earning international acclaim, his work has been interpreted as Surrealism, a sandbox for the subconscious mind, a re-creation of the childlike, and a manifestation of Catalan pride. In numerous interviews dating from the 1930s onwards, Miró expressed contempt for conventional painting methods as a way of supporting bourgeois society, and declared an "assassination of painting" in favour of upsetting the visual elements of established painting.
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Information from Wikipedia, made available under the Creative Commons Attribution-ShareAlike License
Getty record
Miró attended the art school of Francisco Galí for 3 years from 1911, then attended the academy Círculo Artístico de Sant Lluc, until 1918, where he met the potter Josep Llorens Artigas. In 1917, he met Francis Picabia. In 1919, Miró went to Paris, where he settled more permanently from 1920. In Paris, he participated in the Dada movement, renewed his acquaintance with Picasso, who introduced him to Pierre Reverdy, Max Jacob, and Tristan Tzara. In 1924, Miró met André Breton, Louis Aragon, and Paul Éluard, and joined the Surrealist group, whose manifesto he signed. His mature works adhered to a vocabulary of simple shapes and symbols, often described as childlike. Comment on works: abstract
Spanish, Catalan
Artist, Ceramicist, Decorative Artist, Illustrator, Painter, Sculptor
Joan Miró, Joán Miró, Joan Miro, Joan Miró Ferrà, Z'uán Miró, Joan Miró Ferra, Z'uʼan Miro, Miluo, Miro
View the full Getty record
Information from Getty’s Union List of Artist Names ® (ULAN), made available under the ODC Attribution License
Joan Miró: Birth of the World
February 24–June 15, 2019
Soldier, Spectre, Shaman: The Figure and the Second World War
October 24, 2015–April 3, 2016
Painting and Sculpture Changes 2013
January 1–December 31, 2013
Exquisite Corpses: Drawing and Disfiguration
March 14–July 9, 2012
Gifted: Collectors and Drawings at MoMA, 1929–1983
October 19, 2011–February 12, 2012
Joan Miró has
198 exhibitions
Personage and Bird
For Pasadena
The Playful Ogre (L'Ogre enjoué)
The Fire-eating Bird
Design for poster for the exhibition Joan Miró, Engravings and Lithographs (Joan Miró, oeuvre gravé et lithographié), Galerie Gérald Cramer, Geneva, June–September 1969
The Great Thinker (Le penseur puissant)
Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Frontispiece from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Title page (folio 7) from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Double page plate (folios 8 verso and 9) from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Plate (folio 11) from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Plate (folio 11 verso) from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Joan Miró, Fequet et Baudier, Paris
Plate (folio 15 verso) Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Double page plate (folios 36 verso and 37) from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Wrapper front from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Cover front from Le Lézard aux plumes d'or (The Lizard with Golden Feathers)
Various Artists, Alexander Calder, Marc Chagall, Maria Helena Vieira da Silva, Adolph Gottlieb, Wifredo Lam, Jacques Lipchitz, André Masson, Joan Miró, Robert Motherwell, Édouard Pignon, Fritz Wotruba
Untitled from Flight
1966, published 1971
Woman with Three Hairs Surrounded by Birds in the Night
Palma, September 2, 1972
Untitled from Homage to Picasso (Hommage à Picasso)
Lithograph II
1930, printed 1973
Lithograph III
The Flint Striker (La frappeuse de silex)
The Eye Attracts Diamonds
Le Courtisan grotesque (The Grotesque Courtier)
Untitled from the series Les Orfèvres
Stanley William Hayter, Joan Miró
Almario
Plate (folio 8) from Almario
Plate (folio 22) from Almario
Birds of Montroig V (Ocells de Montroig V)
1982, posthumously published 1987
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Rogi André (Rozsa Klein). Joan Miró. 1935. Sitter: Joan Miró. Gelatin silver print, 11 x 11 1/8" (27.9 x 28.3 cm). Gift of Frank Crowninshield
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Awareness of drinking guidelines '˜shockingly low'
New figures released today show that less than one in five people in the North East are aware of weekly alcohol guidelines, exactly two years since they were launched.
Sunday, 07 January, 2018, 23:30
Colin Shevills, director of Balance, the North East Alcohol Office.
They also reveal that just one in 20 adults are aware of the official advice that children should drink nothing before 15, meaning parents are not equipped with the right information to keep their children safe from alcohol harm.
The figures come from Balance, the North East Alcohol Office, which surveyed the public on their attitudes to alcohol in September 2017.
While awareness of the alcohol guidelines for both adults and children is low, the Balance survey found that there is an appetite among the public for greater information on the risks linked with drinking, with high levels of support for the inclusion of warning messages on alcohol labels.
Eight out of 10 people want alcohol labels to include the weekly guidelines, and a warning that exceeding the guidelines can damage your health. Eight out of ten people also wanted labels to include a warning that alcohol is linked with cancer.
Colin Shevills, director of Balance, said: “Awareness of these guidelines is shockingly low and we know many people who drink at higher levels consider themselves to be moderate drinkers.
“It is a failing of the Government and the alcohol industry not to have publicised these low-risk limits two years on.
“We carried out a brief review of product labels last year and found only one of 300 carrying the new guidelines.
“It means hundreds of thousands of people are putting their health at risk while potentially remaining unaware of the guidelines and the reasons for following them. The public have a right to know these facts so they can make informed decisions.”
For children, the official advice is that an alcohol-free childhood is best, due to evidence of a wide range of short-term and long-term harms linked to children’s drinking. In England, the Chief Medical Officer says that if children do try alcohol, they should be at least 15 years old, and be in a supervised environment.
Balance says the recommendation that an alcohol-free childhood is best is based on the fact that young people are physically unable to tolerate alcohol as well as adults, and young people who drink are more likely to engage in unsafe sex, try drugs and fall behind in school.
In addition, the younger someone starts drinking, the more likely they are to develop a problem with alcohol when they are older.
The survey found that 54 per cent in the North East agree that children who drink at home will ‘know how to handle their drink when they’re older’, and that children who drink in moderation at home ‘are less likely to binge on their own.’
Commenting on the results of the polling, Professor Sir Ian Gilmore, a liver doctor and chairman of the Alcohol Health Alliance, said that more should be done to ensure the guidelines for both adults and children are communicated to the public.
He said: “It can’t be right that only a fifth of the public are aware of the alcohol guidelines for adults, and that one in 20 are aware of the advice around children’s drinking. It’s hardly surprising that the public want the Government to do more.
“The public have the right to know the Chief Medical Officers’ guidelines so that they are empowered to make informed choices about their drinking. The same applies to parents, who want to do the right thing by their children and deserve to be informed of the Chief Medical Officer’s guidance on children and alcohol.
“It is clear from our polling that the public want to be informed of the risks linked with alcohol, including the link with cancer, and that they want to see clear warning information on alcohol labels about the drinking guidelines and the risks of drinking at levels above these guidelines.
“To this end, the Government should introduce mandatory labelling of all alcoholic products, to ensure that the public and parents are fully informed about the risks.
“In addition, the Government should develop national information campaigns, informing the public and parents of the guidelines for both adults and children.”
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Home Our Catalog Genre for Featured Categories LGBT
The DL Chronicles: Season 1
The DL Chronicles: Season 1 by WELLSPRING/GENIUS at Movi Ki. MPN: LIB00125. Hurry! Limited time offer. Offer valid only while supplies last. ''The DL Chronicles'' tells the stories of men of color who by consequence and by choice, live sexually duplicitous and secret lifestyles. The ''Down Low'' is a slang term sometimes used to refer to African-American men who identify themselves as straight, but secretly engage in sexual activity with men. They date women, have children, and often marry in an effort to appear heterosexual to the public. Most of these men do not identify as gay or bisexual and refuse to be associated with the gay
"The DL Chronicles" tells the stories of men of color who by consequence and by choice, live sexually duplicitous and secret lifestyles. The "Down Low" is a slang term sometimes used to refer to African-American men who identify themselves as straight, but secretly engage in sexual activity with men. They date women, have children, and often marry in an effort to appear heterosexual to the public. Most of these men do not identify as gay or bisexual and refuse to be associated with the gay identity or gay community. Four episodes comprise the first season of the DL Chronicles, about black men "living in a gray area" between gay and straight, according to the narrator Chadwick Williams (Damian Raven). The drama is framed as if Williams, a journalist introduced in the first episode, is sharing each story to enlighten viewers to the complexities of being an out gay man in various African-American communities. The shows, titled "Wes," "Robert," "Boo," and "Mark," describe these men's sexual situations, ranging from complete cover-up to their near-comings out. Wes Thomas (Darren Schnase) is a married real estate banker whose infidelity is kept under tight wraps. Robert Hall (Terrell Tilford) falls in love with Austin (Kareem Ferguson), a local store manager, but is terrified of his daughter finding out. Boo is faced with homophobia and outright prejudice everywhere he turns, and becomes doubly anxious about AIDS. The last episode, "Mark," turns the series around, by showing an example of a man who has just decided to tell his family the truth. Overall, the series manages a careful balance of drama, including some steamy sex scenes, and educational content, to help viewers understand how hard it is for these men to fight for community acceptance. Furthermore, there are great humorous moments, such as when all the men and women who Boo has slept with flash before his eyes, to prevent the show from seeming didactic. All these characters who are keeping it on the "down low" have something to tell us about tolerance, as well as charm and wit. --Trinie Dalton
"The DL Chronicles" tells the stories of men of color who by consequence and by choice, live sexually duplicitous and secret lifestyles. The "Down Low" is a slang term sometimes used to refer to African-American men who identify themselves as straight, but secretly engage in sexual activity with men. They date women, have children, and often marry in an effort to appear heterosexua
Manufacturer: Liberation Ent
Brand: WELLSPRING/GENIUS
Part Number: LIB00125
Publisher: Liberation Ent
Studio: Liberation Ent
MPN: LIB00125
Item Size: 5.5 x 0.53 x 0.53 inches
View More In LGBT.
If you have any questions about this product by WELLSPRING/GENIUS, contact us by completing and submitting the form below. If you are looking for a specif part number, please include it with your message.
Queer as Folk - The Complete Series
By Paramount
mpn: 50880999055, ean: 0097361302744,
Season OneThey're here, they're queer, and they make Sex and the City look like a demure tea party. Showtime's quintessentially American Queer As Folk--based on the British miniseries--pours on copious amounts of hot and steamy sex. This slick (and slickly entertaining) series shares the same basic concept as its British counterpart--centering on a group of gay friends living in a primarily industrial city--but after that, all bets are off. Whereas the British version focused on the gritty,
By Win Media
The Lair: Season 1
By WELLSPRING/GENIUS
Suspicions arise when young men turn up murdered with mysterious wounds on their necks. Determined to solve the crimes, a young journalist discovers clues leading him to a private gentlemen's club called 'The Lair.' As he closes in on the truth, he becomes ensnared by a legion of vampires. One would think there would be a diverse history of manly gay vampire films, after enjoying numerous lesbian classics like Vampyros Lesbos and Daughters of Darkness, but surprisingly, The Lair fills a void
Will & Grace - Season Five
By Lionsgate
The unique relationship between Will Truman and Grace Adler continues to evolve this season in the adult comedy about two best friends – Will who is gay and Grace who is straight. Contains the complete fifth season.Region 1 (U.S. and Canada only). Multiple Formats, Closed-captioned, Color, Dolby, Full Screen, NTSC. 515 minutes. NR. English.
The L Word: The Complete Series
Follows the lives and loves of a small, close-knit group of lesbians living in Los Angeles as well as the friends and family members that either support or loath them. Season OneFour years after Showtime made gay men the focus of its original series Queer as Folk, it was time for a little turnabout with The L Word (bad title, great show). Centering around a tight-knit group of lesbians in Los Angeles, this drama was far removed from its working-class male counterpart in both style and content.
Will & Grace: Season 8
The eighth and final season of ''Will & Grace'' on DVD loaded with special featuers, including all new Themed Featurettes, a Season 8 Outtake Reel, newly recorded audio commentatries, and cast interviews. The eighth and final season of Will & Grace begins with a live episode and ends with a bittersweet finale that gives the disgruntled characters some hard-earned closure. At its heart, the sitcom isn't about a gay man and his best friend. It's about two friends who need each other as much as
By E1 ENTERTAINMENT
mpn: E1E-DV-6785, ean: 0741952678595,
Welcome to The Lair, a private club run by vampires, used to attract young male victims. Thom is the only one who knows the truth. But instead of warning the town, he becomes involved with Damian, the head vampire who desires him for more than his blood. From the creators of Dante's Cove.Factory sealed DVD.
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PalladiumPaul's Blog
HomePalladiumPaul's BlogTampa City Ballet brings immigrant Ybor to life on the Palladium stage
Tampa City Ballet brings immigrant Ybor to life on the Palladium stage
by PalladiumPaul
I’m very excited to welcome Tampa City Ballet to the Palladium family. This professional, collaborative, contemporary dance company, is presenting a new show on an old topic. The show, titled 7th Ave & Ybor celebrates the history and spectacle of the early immigrant days of Tampa’s historic quarter.
The work premiers on Wednesday, May 29 at 7:30 p.m. in Hough Hall. For tickets and more information you can call our box office at 727-822-3590 or follow this link for on-line tickets.
I spoke with Marguerite Pinard, a company board member, who told me Tampa City Ballet’s professional company opened its first production last May, after developing first as a teaching company with outreach programs to the community.
Paula Nunez, an award-winning choreographer who is on the dance faculty at the University of South Florida, created the company as a place for graduating dancers and working dancers to continue their careers. Originally from Venezuela, Nunez started dancing at 14, rising to become a Principal dancer there and also at the Cleveland Ballet. The company’s resident choreographer, Elsa Valbuena, originally from Colombia, is one of my favorite Tampa Bay dancers and choreographers.
Marguerite told me the show was inspired by stories told by descendants of the Cuban, Spanish, Italian and Jewish settlers drawn to Ybor City around the early 19th century.”
“In the day and age where people are talking about building walls, Ybor was a place where people came together from so many different places to make a life, to be productive,” she said.
The performance will include scenes from many parts of Tampa’s immigrant history – a cigar factory, a bolita parlor, a police raid, a lector reading to the workers and many other personal and historic references. Paul Lewis, a recent graduate of USF, wrote music for this production, in addition to drawing from other musical sources.
It will all come to life on the Palladium main stage, with a cast of 42 performers.
I hope to see you at this performance by a wonderful new addition to the Palladium’s dance family.
2 Responses to Tampa City Ballet brings immigrant Ybor to life on the Palladium stage
T. Moore
Is there any chance there will be additional performance you will ask of Tampa City Ballet. Many missed the show who would love and encore performance.
Paul Wilborn
Wish they could do another one. But they will be back. This was their first time in our theater and I am certain they will return. And I’ll pass along your request for another performance of the Ybor piece.
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Smaller isn't always better: Catalyst simulations could lower fuel cell cost
(Nanowerk News) Imagine a car that runs on hydrogen from solar power and produces water instead of carbon emissions. While vehicles like this won't be on the market anytime soon, University of Wisconsin-Madison researchers are making incremental but important strides in the fuel cell technology that could make clean cars a reality.
Materials science and engineering assistant professor Dane Morgan and Ph.D. student Edward (Ted) Holby have developed a computational model that could optimize an important component of fuel cells, making it possible for the technology to have a more widespread use. Essentially, they investigate how particle size relates to the overall stability of a material, and their model has shown that increasing the particle size of a fuel cell catalyst decreases degradation and therefore increases the useful lifetime of a fuel cell.
Fuel cells are electrochemical devices that facilitate a reaction between hydrogen and oxygen, producing electrical power and forming water. In the type of fuel cells Morgan is researching, called proton exchange membrane fuel cells, or PEMFCs, hydrogen is split into a proton and electron at one side of the fuel cell (the anode). The proton moves through the device while the electron is forced to travel in an external circuit, where it can perform useful work. At the other side of the fuel cell (the cathode), the protons, electrons and oxygen combine to form water, which is the only waste product.
Though the premise sounds straightforward, there are multiple hurdles to producing efficient fuel cells for widespread use. One of these hurdles is the catalyst added to aid the reaction between protons, electrons and oxygen at the cathode. Current fuel cells use platinum and platinum alloys as a catalyst. While platinum can withstand the corrosive fuel cell environment, it is expensive and not very abundant.
To maximize platinum use, researchers use catalysts made with platinum particles as small as two nanometers, which are approximately 10 atoms across. These tiny structures have a large surface area on which the fuel cell reaction occurs. However, platinum catalysts this small degrade very quickly.
"The stability of bulk versus nanoparticle materials can be understood intuitively by thinking of cheese," says Morgan. "When you leave a large chunk of cheese out and the edges get crusty, the surface is destroyed, but you can cut that off and there is still a lot of cheese inside that is good.
"But if you crumble the cheese into tiny pieces and leave it out, you destroy all of your cheese because a larger fraction of the cheese is at the surface."
Rapid catalyst degradation means the fuel cell doesn't last long, and the U.S. Department of Energy estimates fuel cells must function for 5,000 hours, or approximately seven months of continuous use, to be practical for automotive energy solutions.
Morgan and Holby, who are working in collaboration with Professor Yang Shao-Horn from the Massachusetts Institute of Technology, have found a possible solution to the rapid degradation problem: When it comes to catalyst particle size, sometimes smaller isn't better.
Their modeling work, which is funded by 3M and the U.S. Department of Energy, shows that if the particle size of a platinum catalyst is increased to four or five nanometers, which is approximately 20 atoms across, the level of degradation significantly decreases. This means the catalyst and the fuel cell as a whole can continue to function for much longer than if the particle size was only two or three nanometers.
The research into the fundamental physics of particle size will be useful as scientists extend their platinum studies to exploring platinum alloys, which can reduce platinum consumption when used as fuel cell catalysts. Morgan is beginning to research models to study size effects on the stability of platinum alloys, such as copper-platinum and cobalt-platinum catalysts.
"Fuel cells are just one of many energy technologies ? solar, battery, etc. ? with enormous potential to reduce our dependence on oil and our carbon emissions," says Morgan. "Computer simulation offers a powerful tool to understand and develop new materials at the heart of these energy technologies."
Source: University of Wisconsin-Madison
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Themes : Information Society x Research Areas : Information society x People : Alistair Duff x People : Mark Deakin x People : Lynn Killick x
Undermining our data: implications for trust in the population census
Killick, L., Duff, A. S., Deakin, M. & Hall, H. (2017, June). Undermining our data: implications for trust in the population census. Paper presented at Information: interactions and impact (i3), Robert Gordon University, Aberdeen, Scotland, UK
This paper draws on empirical work conducted as part of a multi-method research study funded by the Arts and Humanities Research Council (AHRC). It is concerned with public p...
The census as an information source in public policy-making.
Killick, L., Hall, H., Duff, A. & Deakin, M. (2016). The census as an information source in public policy-making. Journal of Information Science. 42(3), 386-395. doi:10.1177/0165551516628471. ISSN 0165-5515
This paper provides an assessment of the value of national population censuses as information sources with specific reference to UK census data and its use in policy-making. M...
0058 Data security (1)
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Dewey Decimal : 617 Surgery related medical specialties x Library Of Congress : RC1200 Sports Medicine x
Outputs (10)
A Study of the Effect of Physical Sports Injury on the Glycosylation Patterns of Alpha-1-Acid Glycoprotein.
Surradge, W. A Study of the Effect of Physical Sports Injury on the Glycosylation Patterns of Alpha-1-Acid Glycoprotein. (Thesis)
Alpha-1-acid glycoprotein (AGP) is a 43kDa glycoprotein, so called due to the post-translational addition of carbohydrate units to the main protein. AGP is the second most abu...
Using computer, mobile and wearable technology enhanced interventions to reduce sedentary behaviour: a systematic review and meta-analysis.
Stephenson, A., McDonough, S. M., Murphy, M. H., Nugent, C. D. & Mair, J. L. (2017). Using computer, mobile and wearable technology enhanced interventions to reduce sedentary behaviour: a systematic review and meta-analysis. The international journal of behavioral nutrition and physical activity. 14(1)doi:10.1186/s12966-017-0561-4. ISSN 1479-5868
Background High levels of sedentary behaviour (SB) are associated with negative health consequences. Technology enhanced solutions such as mobile applications, activity monito...
Sports injury and illness incidence in the Rio de Janeiro 2016 Olympic Summer Games: A prospective study of 11274 athletes from 207 countries
Soligard, T., Steffen, K., Palmer, D., Alonso, J. M., Bahr, R., Lopes, A. D., …Engebretsen, L. (2017). Sports injury and illness incidence in the Rio de Janeiro 2016 Olympic Summer Games: A prospective study of 11274 athletes from 207 countries. British Journal of Sports Medicine, 51(17), (1265-1271). doi:10.1136/bjsports-2017-097956. ISSN 0306-3674
Objective: To describe the pattern of injuries and illnesses sustained during the Games of the XXXI Olympiad, hosted by Rio de Janeiro from 5 to 21 August2016. Methods: We re...
Sports, Exercise and Health Science Research Group (2)
School of Applied Sciences (10)
Sports sciences (1)
Debbie Palmer (7)
Jacqui Mair (1)
Marianne Baird (1)
Marieelaine Grant (1)
Scott Graham (1)
RC1200 Sports Medicine (10)
617 Surgery related medical specialties (10)
796 Athletic outdoor sports games (2)
Great Britain's Olympians with generalised joint hypermobility have a higher prevalence of knee osteoarthritis.
Cooper, D. J., Scammell, B. E., Batt, M. E. & Palmer-Green, D. (2016). Great Britain's Olympians with generalised joint hypermobility have a higher prevalence of knee osteoarthritis. Osteoarthritis and Cartilage. 24(Sup. 1), S218. doi:10.1016/j.joca.2016.01.421. ISSN 1063-4584
Purpose: Individuals with generalized joint hypermobility (GJH) are reported, in the clinical setting, to be at greater risk of developing musculoskeletal related joint pain, ...
The prevalence and factors associated with knee pain in Great Britain's Olympians aged 40 years and older.
Palmer-Green, D., Scammell, B., Cooper, D., Cooper, D., Scammell, B. E., Batt, M., & Palmer-Green, D. (2016). The prevalence and factors associated with knee pain in Great Britain's Olympians aged 40 years and older. Osteoarthritis and Cartilage, 24(Sup.1), S212-S213. doi:10.1016/j.joca.2016.01.413
Purpose: affecting approximately one in four adults over the age of 40 years in the UK, knee pain is the most common presenting feature of osteoarthritis (OA). Despite the ple...
Boxing injury epidemiology in the Great Britain team: a 5-year surveillance study of medically diagnosed injury incidence and outcome
Loosemore, M., Lightfoot, J., Palmer-Green, D., Gatt, I., Bilzon, J., & Beardsley, C. (2015). Boxing injury epidemiology in the Great Britain team: a 5-year surveillance study of medically diagnosed injury incidence and outcome. British Journal of Sports Medicine, 49(17), 1100-1107. doi:10.1136/bjsports-2015-094755
Objectives: there has been no comprehensive injury report of elite-level amateur boxers in competition and training. We reviewed injuries in training and competition in the Gr...
Sports injuries and illnesses in the Sochi 2014 Olympic Winter Games
Soligard, T., Steffen, K., Palmer-Green, D., Aubry, M., Grant, M., Meeuwisse, W., …Engebretsen, L. (2015). Sports injuries and illnesses in the Sochi 2014 Olympic Winter Games. British Journal of Sports Medicine, 49(7), 441-447. doi:10.1136/bjsports-2014-094538
Background: systematic surveillance of injuries and illnesses is the foundation for developing preventive measures in sport. Aim: to analyse the injuries and illnesses that oc...
Training activities and injuries in English youth academy and schools rugby union.
Palmer-Green, D., Stokes, K., Fuller, C., England, M., Kemp, S. & Trewartha, G. (2014). Training activities and injuries in English youth academy and schools rugby union. American Journal of Sports Medicine. 43, 475-481. doi:10.1177/0363546514560337. ISSN 0363-5465
Background: all rugby training activities carry an injury risk, but in the training environment these injury risks should be more controllable than during matches. Purpose: to...
Sports injury and illness epidemiology - Great Britain Olympic Team (TeamGB) surveillance during the Sochi 2014 winter Olympic games.
Palmer-Green, D. & Elliott, N. (2014). Sports injury and illness epidemiology - Great Britain Olympic Team (TeamGB) surveillance during the Sochi 2014 winter Olympic games. British Journal of Sports Medicine. 49, 25-29. doi:10.1136/bjsports-2014-094206. ISSN 0306-3674
Background: sports injury and illness surveillance is the first step in injury and illness prevention, and is important for the protection of both athlete health and performan...
Creatine-Kinase- and exercise-related muscle damage implications for muscle performance and recovery.
Baird, M. F., Graham, S. M., Baker, J. S. & Bickerstaff, G. F. (2011). Creatine-Kinase- and exercise-related muscle damage implications for muscle performance and recovery. Journal of Nutrition and Metabolism. 2012, 1-13. doi:10.1155/2012/960363. ISSN 2090-0724
The appearance of creatine kinase (CK) in blood has been generally considered to be an indirect marker of muscle damage, particularly for diagnosis of medical conditions such ...
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The Harris Centre
Yaffle.ca
The Population Project
The 2006 John Kenneth Galbraith Lecture in Public Policy
Doing Democracy Differently: Is it Time for Electoral Reform in Canada?
Dr. Kenneth C. Carty, Brenda & David McLean Chair in Canadian Studies and professor of political science at the University of British Columbia
Watch thevideo.
Read thetranscript of the session.
Download Dr. Carty's PowerPoint presentation.
Canadians have lost faith in their political system. Fragmented parties, successive minority governments, provincial elections that produce illogical results — all signs that electoral reform is a pressing issue. Dr. R. Kenneth Carty is one of ’s foremost authorities on electoral systems. A professor of Political Science at the University of British Columbia, Dr. Carty was the chief research officer on B.C.'s Citizens’ Assembly –– a unique project to research and recommend a new system of voting. Dr. Carty will address what provincial initiatives reveal about the very real prospects for changing democracy in.
The session was held on March 8, 2006, at 8:00 pm NST (23:30 GMT) at the Inco Innovation Centre, Lecture Theatre 2001 on the campus of Memorial University, was broadcast “live” on the House of Assembly Channel throughout Newfoundland and Labrador (Channel 61 is the St. John’s area) and was webcast "live" on the World Wide Web.
To obtain a copy of the DVD for this session, contact the Harris Centre.
Download the poster and the program
(Download the latest free version of Adobe Acrobat Player.)
More information about Dr. Carty is available at http://www.politics.ubc.ca/index.php?id=2453.
To view previous Galbraith Lectures, click here.
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Mama Noor
Muungano
From: Kisaunilands, Mombasa
Interview date & place: 2 April 2016, Mombasa
Interviewed by: Joseph Kimani & Jack Makau
Original language: Swahili
My name is Mama Noor, I am a strong member of Muungano and an advocate of proper housing for slum dwellers.
How did you first get involved in Muungano?
I have been in Muungano since 2005 or 2006 until today. I joined Muungano to enlighten the community about their rights – how they could get back their land and acquire proper housing. The community here have gone through tough times, especially when their houses have been demolished or burnt down.
We have a group called Kisauni Land Lobbying Group, or Kisaunilands, that has been spearheading our efforts to secure land and housing for the community. Our efforts began after so-called land owner began to treat us badly, claiming that we had constructed our houses on their land. So we wanted to count and know how many squatters we had in Kisauni, and we looked for agencies to help us come up with the figures. The Coast Development Authority referred us to court, where we were given a letter to take to Muungano in Nairobi. We met with Jane Weru, who came back to Mombasa with us to see the situation on the ground, and we explained and showed her the situation in villages like Kisumu Ndogo and Sahuri Yako which are in an even worse condition than Kisauni.
After successfully carrying out enumerations in these villages with the help of the local government, we handed over our findings to them. I remember the MP for Kisauni was present, and the commissioner who was overseeing the enumeration of the houses and plots. Soon, the government took over. We tried to also involve ourselves with what was going on, but our efforts bore no fruit and so we left them to carry on what we had begun.
But, to our disappointment, there was no progress from where we had left off, and so we decided to go back to Muungano. They supported us and taught us how they did enumerations and we, the members from Kisauniland, listened closely, and afterwards, we proceeded to every house to gather our findings. When we spoke with the government, they said that they had succeeded in reaching out to the community, but when we asked for their report based on their exercise, they referred us to the land headquarters in Nairobi, where we have been following up diligently – but we are yet to receive the report. They only gave us some forms for every land owner to fill in their title deed number, plus the number of houses in the respective plot, and indicate who lived in each house; in addition, they were to report to the Ministry of Lands once they collected the monthly rent.
We, however, kept on following it up: I pretended to be one of the land owners and went to the Ministry with an aim to register. They inquired about my piece of land, and I told them that it was located where I lived and added that there were houses built on the same land. Suddenly, the officer claimed that we were the ones extorting money from the community members, and that it would be better if we sold him the land. The officer asked for my title deed, which had the name of my grandfather – a common case that applies to most people – and then he said that the land wasn’t rightfully mine and threatened to give the land to those who lived around.
Right now, we get no security services from the government, and so once the tycoons come, they grab our land and demolish our houses. Still, we are grateful to Muungano because they came to educate us – they taught us what the movement was all about, helped us to come up with a profile and history of our area, and sensitized us on the importance of being united. Now, ten years down the line, we are still part of Muungano: they are on the forefront in leading us and helping us fight for our rights.
What were and are the land issues in Mombasa and the Coast region?
When we were counting the houses, we also wanted to know the original owners of the houses. There are people who only know of one place as their original home, and this situation applies to many living on the coast – they may have lived there for 50 to 60 years, and raised their families there, so we consider them to be one of our own. There are also some who have made their homes into places to do business. And so as we were enumerating, we wanted to know all about these two groups of people. When we were in the middle of doing the counting, the government came and took over, bringing on board their statistics. As the coastal residents, we believe laws were made to be exercised by all, but that doesn’t seem to apply here – this is because apparently there are some houses that don’t have land. But how can this be the case? Has the house been built on air? It must have been built on a piece of land. Why should we therefore be referred to as tenants? We built our houses here years ago. In the past, men asked for 5 shillings to allow someone to build on a piece of land. However, today, you must to give out 3,000–5,000 shillings a month.
So we sat together to draft improvements to land policies. According to the land policies, the Coast region needed some special attention, but this had not been not considered. Before we sat down to draft our policies, the commissioners were brought and interrogated the people, and then they left; but until now we have still not heard from them. So we as Kisaunilands teamed up with other organizations like the Mombasa Local Urban Forum. We thought that since the government did not have any policies yet, we would come up with policies for our county. We sat down with the councillors as well as the Muungano team (I am the Nyali sub-county representative in Muungano). We were taken to Voi, where we worked with the counsellors in drafting the policies: we came up with policies on behalf of the community, and the counsellors on behalf of the county, which were thereafter to be passed in parliament. We also took some of the national policies and included them in our county policies. However, we do not know what happened after we concluded the process of drafting the policies. I am yet to get feedback on the progress of our draft policies. We are on a long journey. We are teaming up with organizations helping each other to determine where we are and where we are headed to. After the enumerations were done, there was a report that was produced by Pamoja Trust, which advised us to sit with the landowner and, once we came to an agreement, to draft the minutes and take them to Pamoja Trust. We also sat with the land commissioner and his representative while drafting the policies. They have placed representatives in each county, whom we can consult with, which makes it easier than going all the way to Nairobi. In the past this wasn’t possible. Muungano educated us on the importance of working with them.
What have been some of your regional network’s biggest achievements over the years?
Indeed we have made some major steps. Together, we have been able to mobilize ourselves. Previously, we weren’t able to rely on our leaders, nor the ministries of water and energy, but Muungano brought us close with some ministries, like the Ministry of Water and Ministry of Energy, with whom we have been having meetings.
We also met with the surveyors that took aerial photos of the area for mapping purposes. That has been of great help to us: all we were able to do previously was to mobilize each other – we didn’t know what more we could do – but now we are able to approach the Ministry of Water and ask for services. During our meeting with the Ministry of Water, we highlighted our situation and the need to have water reach the community in the slums.
Some community members in Kisaunilands couldn’t access electricity, but with the help of Muungano we were able to access it by getting approval. There is also the process of getting title deeds to the people, though it is difficult to give each person, and some of the people are difficult to deal with. We have also developed rules concerning leadership, which allows a leader to be in office for a duration of two years, though this at times has led to some misunderstanding within Muungano.
There have been massive changes, both at the personal level and in the community and the wider society. I live in the same homestead as the land owner, with whom we are able to interact – unlike previously where we were not able to see him. The land owner allows us to have meetings and we are able to engage with him on issues to do with the rent. There are places where we have developed very good plans, and I consider this a milestone. We have mobilized for advocacy of land, and have educated the community about their constitutional rights around property and land ownership about which many were unaware; since we started making these land policies, I can tell you for sure that some have been adopted and are presently being exercised. We proposed that a person can identify the place where they live with the aid of some concrete evidence: if there happens to be some graves, trees, and houses that link a person to a place, then chances are it could be their ancestral land. If today somebody just came to Kisauni with a title deed and finds people living peacefully, and just because he has the title deed goes on to claim that the land is his, what would the reaction be from the people there? Don’t you think this will cause quarrels and conflict? We have started to have meetings to ensure that the right procedures are followed even when it comes to selling land. We are trying to educate our members on their rights and on the importance of consulting with Muungano before they sell their land – in instances where the land may be owned by the government, we insist that a certain procedure should be followed, with the help of Muungano.
We are the founders of fighting for people’s rights using peaceful means. We have been educated on using fair means to fight for people’s rights, without using force or money. Our strength comes from coming together as one. The land owners also came together, but all they have are the title deeds – we are the ones who have settled on the land. Those who come in peace, we are able to talk with them; but those who approach using aggression, we are able to deal with them. The land owners therefore resolved to sit with us, and then we can sketch out an understanding between us.
The local administration linked us with Pamoja Trust, with whom we worked for a long time. Shelter Forum was also among the organizations that we worked with as Kisaunilands. We also worked closely with the Kenya Land Alliance, especially when drafting the policies. Now, my colleague and I represent the whole of Kisauni. We talk about the policies and we contribute to them, as we include the community. We have worked together with Lumumba, Jane Weru, Mama Salma, Kimani and many others whose names I have forgotten. Now, we are still working tirelessly to fight for the rights of the members of the community.
In the past, people used to settle on a piece of land and once they got evicted, they would just relocate. However, in areas like Kisumu Ndogo and Shauri Yako, the government has recognized them as the land owners. When the enumerations were done, it was established that the settlers were indeed the owners of the land, and therefore they could acquire the title deeds. In the past, when you settled on a piece of land for a long time, someone would come along and claim the land was theirs and you would get evicted. But when we succeeded, the government got to recognize the settlers, and once the settlement schemes programs start, they get a chance to be included.
On issues to do with private land, the owners are now able to settle with us. We have really achieved some great milestones. We have obtained some land policies and we believe the county policies will be produced soon. We have interacted with the community, especially on rent matters. The government now recognizes the settlers, and this is what we consider a big success.
A story about resisting eviction
Now, we are fighting against forceful evictions in Masinde. We were not given any notice to vacate. On one occasion, during a meeting to protest against forced eviction, some police officers and the OCS came. We demanded they show us the court order for eviction, but instead they started harassing us. In that commotion, the OCS accidentally slid and found himself in the mud. That is the day that my colleagues and I were thrown into the cold cells of Bamburi police prison. We were there until morning, then they took us to court the next day and we were accused of trespassing. We were, however, not trespassing. This is usually the norm while fighting for our rights. We have gone through a lot, but nevertheless we are thankful where we have succeeded.
In the next twenty years, we would like the community to access better housing facilities, proper medical care, as well as quality education and water. Now, living standards are really low, and it really saddens me to see how children are being exposed to the low living standards. We want the children to access better living conditions from quality education and proper health care. We don’t want to have cases where there are hospitals but they lack drugs.
Who is Mama Noor? What motivates you?
In our fight against dilapidated housing conditions, the injustice that I have gone through at the hands of the so-called tycoons here is intolerable. One day, we sat down with one of the community groups and resolved to educate them and enlighten them about their rights. After getting a grasp of what we needed to do, I went to the local chiefs office to talk with him about the need for our people to know their rights. In the long run, people fear us when we are given our unity: as they say, ‘unity is strength’. In my case, the chief never wants to meet with me: if he sees me coming, he would rather take another route just to avoid me. I know my rights and I fight for them. I also fight for the rights of our people here.
Unlike before, through Muungano (which means ‘united’) we are now united. I now know my rights and I won’t allow someone to victimize me. Right now, we can approach those people in big offices to discuss with them about ways to improve the lives of our people. Our leaders are more interested in votes, but since we are many and united, at least they do pay attention to our requests. Surprisingly, nowadays they call a meeting with us if they want to pass information to our people. I consider this a success, both for our people and for me. I remember instances where I was called names and – worst of all – I have been behind bars, all for the purpose of fighting for our land. However, I am free now, our people have peace, and I am widely respected. I am happy to be one of their leaders, educating them about the need for unity as Muungano community.
MuunganoMuungano wa Wanavijiji 2 April 2016 Mombasa & Coast regionComment
Felista Ndunge
MuunganoMuungano wa Wanavijiji 5 April 2016 Nairobi, What motivates you?, Support NGO/ professionals, Before Muungano, Forced eviction, Policy/ policy influencing, What were things like?, Data collection/profiling/enumeration & mapping, Muungano's biggest achievements, Planning, How things changed, Housing, Community mobilising, Muungano's biggest challenges, Strategies that worked, Greenfield, What didn't work, Next 20 years, Local government, A message for the youth
Amadi Sudi
MuunganoMuungano wa Wanavijiji 1 April 2016 Mombasa & Coast region
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On Faith: Christmas Church Services in Newport Beach
By : Cindy Trane Christeson
Tag: Christmas, christmas church services, church, Cindy Christeson, Cindy Trane Christeson, faith, Newport Beach, religion
Faith columnist Cindy Christeson compiled this list of Christmas Eve and Christmas Day church services in the greater Newport Beach area.
Christ Church by the Sea United Methodist, 1400 W. Balboa Blvd, Balboa, (949) 673-3805. christbytheseanb.org. 12/24: 7 p.m., 11 p.m.
Community Church, Congregational, 611 Heliotrope Ave., CdM. (949) 644-7400. cdmucc.org. 12/24: 4 p.m., 7 p.m.
Grace Fellowship Church, 3170 Red Hill Ave. Costa Mesa. (714) 557-4093. gracefellowshipchurch.org. 12/24: 5 p.m.
Harbor Christian Church of Newport Beach, 2401 Irvine Ave. (949) 645-5781. harborchristianchurch.com. 12/24: 7 p.m.
Liberty Baptist Church, 1000 Bison Ave. Newport Beach. (949) 760-5444. libertybaptistchurch.org. 12/24: 6 p.m.
Lutheran Church of the Master, 2900 Pacific View Dr., CdM. (949) 759-1031. lightofthemaster.net. 12/24: 5:30 p.m.. 12/25: 10 a.m.
Mariners Church, 5001 Newport Coast Dr. Irvine. (949) 769-8100. marinerschurch.org. 12/23: 4 p.m., 6 p.m.. 12/24: 2 p.m., 4 p.m., 6 p.m., 11 p.m.
Newport Center United Methodist Church, 1601 Marguerite Ave. (949) 644-0745. www.newportcenterumc.org. 12/24: 5 p.m., 9 p.m.
Newport Harbor Lutheran Church, 798 Dover Drive, Newport Beach. (949) 548-3631. nhlcs.org. 12/24: 5 p.m. (children’s service), 7 p.m., 11 p.m.
Our Lady of Mount Carmel Church, 1441 West Balboa Blvd. Newport Beach. (949) 673-3775. olmc.net. 12/24: 4 p.m. Family Mass; 6 p.m., 10 p.m. 12/25: Mass at 8 a.m., 10 a.m., and noon.
Our Lady Queen of Angels, 2046 Mar Vista Dr, Newport Beach. (949) 644-0200. olqa.org. 12/24: 4:30 p.m. Children’s Mass, 7:30 p.m. and 11 p.m. 12/25: 7 a.m., 8:30 a.m., 10:15 a.m., noon.
Redeemer Presbyterian, meets at Temple Bat Yahm, 1011 Camelback St. Newport Beach. redeemerpres.com. 12/24: 5 p.m.
Rock Harbor Church, 3080 Airway Ste 100, Costa Mesa. (714) 384-0914. rockharbor.org. 12/21: 6 p.m. 12/22: 9 a.m., 11 a.m., 7 p.m., 9 p.m.. 12/24: 12 p.m., 2 p.m., 5 p.m., 7 p.m.
Saint John Vianney Chapel, 314 Marine Ave, Balboa Island. (949) 675-2221. 12/24: 4 p.m., 5:30 p.m., 10 p.m. 12/25: 8 a.m., 9 a.m., 10 a.m.
St. Andrew’s Presbyterian Church, 600 St. Andrews Road, Newport Beach. (949) 574-2200. sapres.org. 12/24: 3 p.m., 5 p.m., 7 p.m., 9 p.m.
St. James Anglican Church, held at Mariners Christian School, 300 Fischer Ave, Costa Mesa. (949) 999-3900. stjamesnb.org. 12/24: 4 p.m., 7:30 p.m., 9:45 p.m. 12/25: 10 a.m.
St. James the Great Episcopal Church, 3209 Via Lido, Newport Beach. (949) 675-0210. Stjamesthegreat.org. 12/24: 5 p.m., 6:45 p.m., 10 p.m.
St. Mark Presbyterian Church, 2200 San Joaquin Hills Road, Newport Beach. (949) 644-1341. stmarkpresbyterian.org. 12/24: 4 p.m. (family participation),7 p.m., 9 p.m.
St. Matthew’s Church, 2300 Ford Road, Newport Beach. (949) 219-091. stmatthewsnewport.com. 12/24: 5 p.m., 11 p.m. 12/25: 10 a.m.
Saint Michaels & All Angels Church, 3233 Pacific View Dr., CdM. (949) 644-0463. stmikescdm.org. 12/24: Children’s Pageant 4 p.m., Choral Eucharist 6 p.m. & 10 p.m. 12/25: 10 a.m.
Viewpoint Church (Rock Harbor’s newest church plant), [email protected] 12/24: Candlelight service at Tower #32, Balboa Peninsula, 4 – 4:45 p.m.
Off the Menu: Muldoon’s Irish Dickens Christmas Celebration
Lynn’s Spin: Christmas Decorating Meets Murphy’s Law
Calendar: City, County Meetings and Events
GovCup Kicks Off Next Week
Harbormaster’s Report
State Denies City’s Request to Keep Private Encroachments on Public Beach
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Tutor who sexually assaulted girl at Springfield library gets 30 years in prison
John Paul Sparapani, 30, pleaded guilty in February to using a minor to produce child pornography.
Tutor who sexually assaulted girl at Springfield library gets 30 years in prison John Paul Sparapani, 30, pleaded guilty in February to using a minor to produce child pornography. Check out this story on news-leader.com: https://www.news-leader.com/story/news/crime/2018/12/14/springfield-tutor-sentenced-prison-library-sexual-assault-child-porn/2316397002/
Giacomo Bologna, Springfield News-Leader Published 5:35 p.m. CT Dec. 14, 2018
This is what parents can watch for to see if their child may have been sexually abused, according to the Rape, Abuse and Incest National Network. Kara Berg, Lansing State Journal
John Paul Sparapani(Photo: Greene County Sheriff's Office)
A man was sentenced in federal court Friday to 30 years in federal prison for sexually assaulting a girl at a Springfield library, prosecutors say.
John Paul Sparapani, 30, also took pornographic photos of the student he was tutoring in a private room of the library, according to a press release from the U.S. Attorney for the Western District of Missouri.
Sparapani allegedly gave the victim candy and Pokemon cards as rewards.
He pleaded guilty in February to using a minor to produce child pornography, the release said.
Sparapani was previously charged with and pleaded guilty to receiving child pornography in August, the release said. Later that month, the release said a 12-year-old girl came forward to her mother and said Sparapani had sexually assaulted her during tutoring sessions since the age of 10.
More: Tutor took exploitative photos of 10-year-old girl at Springfield library, feds say
According to the release, Sparapani withdrew his guilty plea in the child pornography charge.
An officer with the Southwest Missouri Cyber Crimes Task Force identified Sparapani's computer as sharing child pornography in May 2015, the release said. In December 2015, officers seized three hard drives, two laptops and a cellphone from Sparapani's residence and found multiple images and videos of child pornography, according to the release.
Kathleen O'Dell, a spokeswoman for the library district, previously told the News-Leader that a deputy from the Greene County Sheriff's Office had contacted the library about someone named Sparapani.
O'Dell said the library does have a record of someone with his name reserving a study room at the Library Center.
According to O'Dell, the library has a strict code of conduct and claims of inappropriate behavior occurring in the library are addressed swiftly and can result in the patron being removed from the library.
O'Dell said tutors hold hundreds of sessions each month with students at the 10 libraries in the district.
Read or Share this story: https://www.news-leader.com/story/news/crime/2018/12/14/springfield-tutor-sentenced-prison-library-sexual-assault-child-porn/2316397002/
SGF woman pleads guilty to manslaughter of baby
Police serve search warrant at The Club House
MSU, SPS welcome 49 Saudi Arabian teachers
Blight application denied for development
Marshfield woman admits stealing federal wages
Governor signs law to bolster Amber Alerts
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platini videos
I am not Platini's puppet: Gianni Infantino
Infantino, who is one of the five FIFA Presidential candidates, says he is confident of winning the elections scheduled for February 26th.
Endgame Sepp Blatter and Michel Platini
Both Blatter and Platini have been found guilty of breaching the code of conduct over a 1.3 million pound 'disloyal payment' in 2011. The duo had alleged that they had made a verbal agreement for the payment in 1998, but after hearings last week, FIFA's ethics committee trashed that argument.
Sanjeeb Mukherjea, December 21, 2015, 8:36 pm explore: Sports
FIFA begins reform process: Blatter, Platini shunted out
Suspended FIFA President Sepp Blatter and European soccer boss Michel Platini were both banned from soccer for eight years on Monday by the Ethics Committee of football's global governing body.
December 21, 2015, 8:26 pm explore: Sports
FIFA Ethics Committee to decide on Blatter, Platini futures
A night of uncertainty lies ahead for Sepp Blatter and Platini as they wait to discover whether he will be suspended by FIFA.
Sepp Blatter and Michel Platini provisionally banned by FIFA
The FIFA Ethics Committee has provisionally banned both Blatter and Platini for a period of 90 days with immediate effect. The adjudicatory chamber of the Ethics committee led by Hans Joachim Eckert have also left open the possibility of the ban being extended by not more than 45 days.
October 8, 2015, 5:40 pm explore: Sports
France a strong contender: Platini
French soccer legend and UEFA chief Michel Platini says his country will be a strong contender in the World Cup.
test sharma, June 1, 2010, 10:07 am explore: Sports
Monsoon Mayhem Across India Captured in Pictures
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Joshua Williamson and Vinny Navarrete About Dear Dracula
By Vaneta Rogers June 26, 2008 11:44am ET
Williamson and Navarrete on Dear Dracula
Some kids love their stuffed animals. Some are crazy about their action figures or dolls that mimic the latest hit movie. But then there are other kids, like Sam, who just can't get enough of shape-changing, fang-bearing, scary monsters.
Cycle through and enlarge at right to read the story's first six pages.
Dear Dracula is an all-ages book that follows the story of the horror-character-obsessed Sam as he decides to write a letter to Dracula, much like kids write a letter to Santa. Written by Joshua Williamson, writer of the Desperado series Necessary Evil, the story follows what happens when young Sam asks Dracula to make him a vampire for Halloween.
Scheduled for release in September, just before the Halloween buying season, the book will be an 8-inch by 8-inch hardcover and will launch Shadowline/Image's new Silverline Books imprint for kids.
Newsarama talked to Williamson and artist Vincent Navarrete about the book and why a hardcover comic for kids makes sense in today's market.
Newsarama: Let's start with the story in Dear Dracula. Where did you come up with the idea of a little boy writing to Dracula?
Joshua Williamson: I had wanted to do a comic with Dracula for a long time, but I also wanted to do an all-ages book. The first thing that really popped into my head was the title, Dear Dracula, and I just went from there. Ideas were flowing. Once I started talking to Vinny about it, the story really took shape and came together.
NRAMA: What's the premise of the book? Give us the set-up or general story idea...
JW: A young boy, named Sam, who loves scary movies, writes to Dracula at Halloween, instead of Santa at Christmas, requesting that Dracula make him a real vampire for Halloween. Dracula accepts the invitation, taking the boy on an exploration of the night and what it means to be a vampire.
NRAMA: It sounds like it begins as a story of innocence. Will we see Sam grow up a little in this book?
JW: Without giving too much away, it's actually more about retaining your kid-like innocence while you’re still a kid. I think too many kids are too quick to grow up and be someone or something else, and really they should just enjoy being a kid and all the fun that comes with it.
NRAMA: Is Sam based on someone you know? Or is it part you?
JW: Some of Sam is kind of based on me. I was kind of a weird little kid. Into stuff that other kids weren't into. Also, there was a little kid, maybe 10, who would come into a comic book store I worked at years ago, and every week he would come in with his grandma or parents and would buy a horror movie toy; whether it was Jason, Freddy, or something classic like the Wolf-man, he wanted horror. His parents said that he just loved scary movies. If they took him to see a Pixar kids movie, he'd fall asleep, but if it was a horror movie, he'd be at the edge of his seat the whole time. The other guys and I at the comic book store used to joke that the little kid would grow up to be some great horror movie director or writer or he'd be a serial killer. [laughs]
NRAMA: What age group are you trying to reach? And why go after that audience?
JW: It is aimed for younger kids but we really tried to make it as close to truly all-ages as we could, something that anyone can read and enjoy. For me personally, I’ve always wanted to do an all-ages book, this is just the first one that I’ve been able to get out there.
Back a few years ago, at the San Diego Comic-Con, I had a booth where I was selling my self-published small press stuff, when a little girl came up to our table with her Dad. She couldn’t have been older than eight. She wanted to buy some of my comics. Her dad said this was her first time at a comic convention and that he gave her five bucks to spend on whatever she wanted, and she liked the art on the covers of some of my books and wanted to spend her money there. These would be her first comics ever. It was awesome. But I couldn’t let her do it. I knew my comics had cuss words in them and I couldn’t let her get them. I told her dad and pointed them in the direction of some all-ages books.
Afterward, I thought to myself, "I blew it, that was my chance to help a kid read, to begin their journey into comics, and I blew it." That was when I decided to do all-ages books. I wanted my contribution to be more than just a point in a direction. It may not be the only genre I write, but I found I had a passion for it and wanted to do more all-ages. It was an important audience that needed good books to be geared at them.
I think Dear Dracula is perfect for this audience and market, we worked really hard for it to be something that kids would like, adults would like, and adults would enjoy reading to their kids.
NRAMA: How is it different writing for all ages?
JW: At first I thought it would be a challenge, but in a way it was very liberating. It wasn’t that much different from writing a regular comic; it felt very natural and fun. The only thing that was tough was making sure it wasn’t dumbed-down. I didn’t want to patronize kids who might be reading it. I think that’s the mistake some all-ages books make, and I really wanted to avoid that. Also, there were rules I made for myself to follow when writing it, but honestly Vinny, the artist, was a big help. He kind of reined me in a few times. Our rule was if we both liked something in the book, and he showed it to his 5-year-old niece and she liked it, then we were gold.
NRAMA: Vinny, how did you approach the art on this comic?
Vinny Navarrete: Well, the same way I approach any project I work on; it all starts within the depths of my sketchbook. I began doodling Sam and Dracula....and knew that once solid, funny, colorful looks for these two characters were ready to go, then the rest of the look for the book would start to cook. Liked the rhyming there, didn't ya?
NRAMA: Did you change up your style because of the more innocent and childlike nature of the story?
VN: No, not a whole lot. I just tried to make things look funny and colorful. And I think that's my kind of style.
NRAMA: Without giving away any spoilers, what types of characters might we see you draw in this comic?
VN: Well, the story revolves around the meeting between Sam and Dracula, so there is a lot of those two. I've also drawn Sam's Dear Old Granny, Dracula's right hand man, Renfield. And a scaredy-cat of a mailman named Lester.
NRAMA: Josh, why the decision to go hardcover on this book?
JW: Since we knew we were doing an all-ages book that was geared in a way to the younger audience, we started looking at that market, and most of the kid’s books in bookstores were all hardcovers. However, when we pitched it to Shadowline we didn’t say we wanted a hardcover, as we were worried it would scare them away. But when we got the email from Jim Valentino saying he wanted to do the book, and HE wanted it to be a hardcover, we were really happy. Jim came at us with that, plus a bunch of other ideas, little things that just made the whole thing perfect.
NRAMA: Anything else you want to tell people about Dear Dracula?
JW: It’s the launch book for Shadowline/Image's new all-ages line of books called Silverline Books. Which is a great honor for us. Silverline has some sweet all-ages stuff coming out later this year that is amazing.
Right now is a great time for all-ages books. There are a lot of books coming out in this genre that are outstanding. The Marvel Adventures books and DC's Tiny Titans. It's really a terrific market and I think Dear Dracula fits right in. We’ve been showing previews of the book at cons and the reception was been awesome. Vinny and I are floored by how much people have told us they're looking forward to it.
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Humanists call for repeal of NI’s blasphemy laws
A campaign calling for the repeal of Northern Ireland’s blasphemy laws has been launched by Northern Ireland Humanists.
The organisation has called on people to write to their MLAs and advocate for a change in the law.
Rev Dr Ian Brown
“In England and Wales, these laws were repealed in 2008, and in 2018, citizens in the Republic of Ireland voted in a landslide referendum to repeal the country’s blasphemy laws. It’s time that we followed suit, and repealed our blasphemy law in solidarity with the victims of anti-blasphemy legislation around the world,” the group said.
Responding to the campaign, Rev Ian Brown, the Free Presbyterian Church’s former Clerk of Presbytery, commented: “I’m sure that law will not have been exercised for quite some considerable time, but it should be retained as a standard. People talk about respect and tolerance – they are buzz words in society – so why can’t God’s name and person be offered that same respect and tolerance?”
Rev Brian McClung, minister of Newtownabbey Free Presbyterian Church, agreed that the existing law should be retained, but added: “If the Lord already forbids it, it is a secondary issue that the law of the land forbids it.”
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Teen critical after being struck by car
Published: 08:37 Tuesday 04 September 2018
A teenage girl and a five-year-old boy have been hit by a car in Antrim.
The incident, involving a red Suzuki Swift, happened around 5.30pm on Monday in the Belfast Road area of the town.
Police last night said the 15-year-old girl was being treated in hospital, where her condition was described as critical. The young boy sustained a number of fractures to his collar bone, ankle and foot was also receiving treatment in hospital.
PSNI Inspector Claire Gilbert said: “Anyone who saw what happened, or anyone who has dashcam or helmet footage and was travelling on this road between 5.20pm and 5.30pm on Monday and observed the car prior to or at the time of the collision, should contact us on 101 quoting reference number 1007 of 3/9/18.”
Man dies in 'tragic' incident on major N.I. road
People injured and hospitalised after three vehicle collision
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Leading Democrats, Bernie Sanders Turns on Al Franken in 'Watershed Moment' in Sexual Harassment Scandal
By Conor Gaffey On 11/17/17 at 3:49 AM EST
Senate Judiciary Committee member Sen. Al Franken (D-MN) questions Sen. Jeff Sessions (R-AL) during his confirmation hearing to be the next U.S. Attorney General in the Russell Senate Office Building on Capitol Hill in Washington, DC, on January 10. Chip Somodevilla/Getty
U.S. Al Franken Sexual harassment President Trump Bernie Sanders
Al Franken's political opponents— including President Donald Trump —were quick to criticize the Minnesota senator after radio anchor and model Leeann Tweeden accused him of forcefully kissing her and shared a photo of him grabbing her breasts while she was asleep.
But some of the most senior figures in the Democratic Party are now calling for an investigation into their colleague, who was recently even being considered as a potential presidential candidate for the party in 2020.
Chuck Schumer, the Senate Minority Leader, said in a statement: "Sexual harassment is never acceptable and must not be tolerated." Schumer also called for an Ethics Committee investigation into the "troubling incident."
That call was echoed by House Minority Leader Nancy Pelosi, who told Fox News that any "credible allegation" should be investigated. "We are at a watershed moment and now is the time for Congress to overhaul how it deals with the issue of sexual harassment," she said.
Bernie Sanders, who is an independent senator but who ran for the Democratic presidential nomination in 2016, issued a statement saying that sexual harassment is "completely unacceptable" and agreeing with calls for an investigation.
Read more: Al Franken has made jokes about rape and other sexual misconduct
Tweeden published details of the incident on Wednesday, which she said took place during a tour to Afghanistan to entertain U.S. troops stationed there in December 2006.
She recounted how Franken—a former comedian who was elected to the Senate in 2009—had written a comedy skit for the two of them, which involved a kiss scene. Tweeden said that Franken insisted that they rehearse the scene and that, during the rehearsal: "We did the line leading up to the kiss and then he came at me, put his hand on the back of my head, mashed his lips against mine and aggressively stuck his tongue in my mouth."
Tweeden also shared an image that showed her sleeping on the flight back from Kabul to Los Angeles. Franken, who is looking at the camera in the picture, places his hands on Tweeden's breasts.
Iâve decided itâs time to tell my story. #MeToohttps://t.co/TqTgfvzkZg
— Leeann Tweeden (@LeeannTweeden) November 16, 2017
Franken issued a lengthy apology for the incident. Regarding the picture, he said: "I look at it now and I feel disgusted with myself." Regarding the alleged kiss, Franken said that "while I don't remember the rehearsal for the skit as Leeann does, I understand why we need to listen to and believe women's experiences."
He also said that he was asking for an ethics investigation to be started and would "gladly cooperate."
Franken is a major fundraiser for the Democratic Party, and the allegations led to Republicans calling for Democrats who had been supported by funds raised by Franken to return the money.
Claire McCaskill, Democratic senator in Missouri, said that she had donated $30,000 worth of contributions to her campaign from Franken to local food banks.
I have donated that money to Missouri food banks. https://t.co/ovHcMqQ5tW
— Claire McCaskill (@clairecmc) November 16, 2017
The allegations against Franken are the latest in a slew of sexual harassment and assault claims that have rocked U.S. politics and wider society.
Roy Moore, the Republican candidate for the Alabama Senate seat, has been the subject of allegations from multiple women of sexual harassment, assault and unwanted advances. Several of the women were underage at the time of the alleged incidents.
Moore has refused to drop out of the Senate race and tweeted a critique of Senate Majority Leader Mitch McConnell after the allegations against Franken surfaced.
Leading Democrats, Bernie Sanders Turns on Al Franken in 'Watershed Moment' in Sexual Harassment Scandal | U.S.
Trump Attacks Al Franken But Is Silent On Roy Moore
Who Is Al Franken's Wife?
Will Al Franken Resign? Here's What Might Happen
Department of Defense Retweet Says Trump Should Resign
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Saad makes 2013 NHL All-Rookie Team
by NHL Media / Chicago Blackhawks
The National Hockey League today announced the 2012-13 NHL All-Rookie Team, including the three players named as finalists for the Calder Memorial Trophy as the League’s top rookie: forwards Brendan Gallagher of the Montreal Canadiens, Jonathan Huberdeau of the Florida Panthers and Brandon Saad of the Chicago Blackhawks.
Also named to the All-Rookie Team are goaltender Jake Allen of the St. Louis Blues and defensemen Jonas Brodin of the Minnesota Wild and Justin Schultz of the Edmonton Oilers.
Voting was conducted by the Professional Hockey Writers’ Association at the end of the regular season. Following is a summary of each NHL All-Rookie Team member’s outstanding season:
GOALTENDER
Jake Allen, St. Louis Blues
A second-round pick (34th overall) by the Blues in the 2008 NHL Draft, Allen led rookie goaltenders in wins (9), goals-against average (2.46) and save percentage (.905) while ranking second in appearances (15) and minutes (803:53). He won eight of his first nine decisions, including five straight March 7-16, and became the third netminder in League history to win his first NHL start in Detroit (Damian Rhodes, 1991; Rastislav Stana, 2004). Allen, 22, made a career-high 39 saves March 12 versus San Jose (the most by any St. Louis goaltender this season) and posted his first career shutout March 14 against Phoenix (28 saves).
DEFENSEMEN (in alphabetical order)
Jonas Brodin, Minnesota Wild
Selected 10th overall by the Wild in the 2011 NHL Draft, Brodin compiled 2-9--11 and a +3 rating in 45 games to help Minnesota clinch its first postseason berth since 2007-08. He led all rookies in total time on ice (1,044:35) and average time on ice (23:12), becoming just the eighth first-year skater in League history to average more than 23:00 per game. Brodin, 19, also recorded 18 takeaways (first among freshmen blueliners) and 60 blocked shots (fourth among all rookies) as the youngest defenseman in the NHL this season.
Justin Schultz, Edmonton Oilers
After playing three seasons at the University of Wisconsin, Schultz signed with the Oilers as a free agent and led first-year defensemen in goals (8), assists (19) and points (27) in 48 games. The 22-year-old also paced all rookies with 11 power-play assists and 15 power-play points, five more than the next-closest player, and tied for first among freshmen skaters with three game-winning goals. Among rookies, Schultz ranked second in total time on ice (1,029:35), third in average time on ice (21:26) and first in average power-play time on ice (3:12).
FORWARDS (in alphabetical order)
Brendan Gallagher, Montreal Canadiens
A fifth-round pick (147th overall) by the Canadiens in the 2010 NHL Draft, Gallagher helped Montreal go from a last-place finish in the Eastern Conference in 2011-12 to a Northeast Division title and the second seed in the conference in 2012-13. He played in 44 games, ranking second among rookies with 15 goals and fourth with 28 points. Gallagher, 21, also finished in the top five among freshmen skaters in shots on goal (second, 117), plus/minus (fifth, +10) and game-winning goals (t-first, 3).
Jonathan Huberdeau, Florida Panthers
Selected third overall by the Panthers in the 2011 NHL Draft, Huberdeau played in all 48 games for Florida and ranked second both on the team and among NHL rookies with 31 points (14-17--31). Among first-year players, he finished third in goals, fourth in assists and third in shots on goal (112). His 16:55 average time on ice also led rookie forwards, while his nine power-play points (2-7--9) placed fourth among all freshmen skaters. The 20-year-old Huberdeau set two franchise records, becoming the first Panther to score on two penalty shots in one season (Feb. 21 at Philadelphia and March 5 vs. Carolina) and recording the most points by a teenager in team history (four more than Radek Dvorak in 1995-96).
Brandon Saad, Chicago Blackhawks
A second-round pick (43rd overall) by the Blackhawks in the 2011 NHL Draft, Saad led all rookies with a +17 rating, including a +12 rating on the road, to help Chicago earn its second Presidents’ Trophy in team history. He ranked fifth among rookies in each of the three major scoring categories -- goals (10), assists (17) and points (27). Saad, 20, also placed third among freshmen forwards in average time on ice (16:27) and fourth among all first-year skaters in shots on goal (98) in 46 games.
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LaMelo Ball, 17, signs with Australian team to prep for NBA
Jun 17, 2019 11:35 PM ET
LaMelo Ball (right, pictured in 2017) is the younger brother of Lonzo Ball.
SYDNEY (AP) -- American teenager LaMelo Ball has signed with the Illawarra Hawks for the upcoming National Basketball League season, the second top U.S. prospect to join the Australian league under its Next Stars Program.
The 17-year-old guard is rated as one of the best U.S. high school basketball players and is expected to be one of the top picks in the 2020 NBA Draft.
Ball is the brother of Lonzo Ball, who is being traded from the Los Angeles Lakers to the New Orleans Pelicans as part of the Anthony Davis deal.
American guard R.J. Hampton decided last month to forego his college eligibility and sign with the New Zealand Breakers in the nine-team NBL. The 18-year-old Hampton turned down offers from several top colleges, including Kansas, to sign with the Auckland-based team.
Illawarra team owner Simon Stratford said Ball is an "exceptional talent."
"Having him in a Hawks jersey fits with the goal of cultivating the best young talent and making them great," Stratford said in a statement Tuesday. "It's putting the club at the top of the list for future NBA stars."
The Next Stars Program places players with Australian teams who are eligible for the NBA draft and hand-picked by scouts.
Ball said a season in Australia would be the perfect opportunity for him to hone his skills for a future move to the NBA.
"The NBL is a really solid league, with great coaches and players, and I am looking forward to putting all my focus and energy into basketball and getting to work," he said.
The 2019-20 NBL season begins in October. The Hawks are based in Wollongong, south of Sydney.
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UPDATE: Here's the Official, English-Language Trailer for Angelina Jolie's Directorial Debut, "In the Land of Blood and Honey"
Published Oct 25, 2011 at 7:00 AM | Updated at 11:43 AM PDT on May 30, 2012
UPDATE: The other day saw the arrival of the trailer for Angelina Jolie's directorial debut, "In the Land of Blood and Honey." The quality wasn't great, and it wasn't in English, and the studio had it taken down pretty quickly. But later last night we got an email letting us know that the new official, English version was now available. And they included a synopsis by someone who's actually seen the film:
Set against the backdrop of the Bosnian War that tore the Balkan region apart in the 1990s, In the Land of Blood and Honey tells the story of Danijel (Goran Kostić) and Ajla (Zana Marjanović), two people from different sides of a brutal ethnic conflict. Danijel, a soldier fighting for the Serbs, and Ajla, a Bosnian held captive in the camp he oversees, knew each other before the war, and could have found love with each other. But as the armed conflict takes hold of their lives, their relationship grows darker, their motives and connection to one another ambiguous, their allegiances uncertain. In the Land of Blood and Honey portrays the incredible emotional, moral and physical toll that the war exerts both on individuals and people as a whole, and the terrible consequences that stem from the lack of political will to intervene in a society stricken with conflict.
It looks to be about as bleak as a war-torn romance can get. Jolie does not appear in the film, which she shot on location, having opted instead for local talent. And she shot two versions, one in English and another in the Bosnian-Croatian-Serbian language known as BHS.
"In the Land of Blood and Honey" opens Dec. 23.
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Wayne Cavadi | NCAA.com | January 22, 2018
7 of college baseball’s biggest questions before the 2018 season
Luken Baker hopes to land TCU back in Omaha for the fifth straight year.
Last week, we took a look at a few things that will make the Southeastern Conference fun to watch this season. But what about the rest of the country?
MORE: 5 things that will make the SEC fun in 2018
There are 64 teams that will get a chance for the glory of playing in TD Ameritrade Park Omaha. The road to the College World Series is half the fun. There are plenty storylines to watch this year, but here are a few that we find the most compelling.
Will TCU end the season in Omaha for a fifth consecutive year?
Follow @NCAACWS
TCU is college baseball’s model of consistency. It has won 48, 51, 49 and 50 games in each of the past season, and ended the season in Omaha. The Horned Frogs are on a remarkable run, seemingly reloading as a baseball superpower each year.
“We block out everything outside," Luken Baker told NCAA.com. "Everyone has all these expectations for us. But what makes TCU unique is the core values — selfless, excellence, energy — and maintaining the culture of how the program is run. It’s run on character and discipline and doing the little things right.”
They have one of the more exciting players in the nation returning to help them get back to Omaha.
Baker had a monster freshman year, leading the Big 12 in batting average (.379), hits (94), runs (59), RBI (62), and total bases (143) to go along with 16 doubles and 11 home runs. He was on pace for a big sophomore year (.317/.454/.528, eight HRs, eight 2Bs) before his season ended on May 12 due to injury.
“I’m ready to go, I don’t feel any lingering effects," Baker said. "I’ve felt 100 percent since two or three weeks after I was fully cleared. I’m excited to get back out there and win a championship.”
There’s sure to be a lot of new faces in the lineup, but where there is familiarity is on the bump. Jared Janczak and Nick Lodolo return from last year’s rotation.
“Having Janczak, Lidolo, and Sean Wymer, they’re incredible," Baker said. "Whenever I see them step on the mound, the whole team gets excited. We know they’re going to get out there and shove, they have great stuff and great mentalities. It puts the defense and offense at ease. The defense knows they’re going to fill up the strike zone and the offense knows that they’re going to give us a chance to win every time.”
Baker, who came into college ball as a potential two-way star, has given up pitching to focus on his big bat. The Frogs have a deep staff and he doesn't need to worry about a return to the mound.
“Yea, I miss pitching, but I don’t think about it too much," Baker said. "I’m not big on living in the past, but I’ll make a joke now and again. But with that three-headed monster we got rolling and the bullpen that we have, there’s no reason for me to get back on the bump.”
Evan Skoug and Austen Wade are gone. The stage is Baker’s for the spotlight. If he stays healthy he should be able to shine. Four straight trips to the CWS, so anything less with one of college baseball’s brightest stars would be disappointing. They will sure be fun to watch.
“We have some exciting pieces," Baker said. "It’s baseball, it’s never one guy. We have a lot of talent that’s come in. We’ll get help from that pitching staff at the beginning of the year when we’re getting our feet underneath us offensively, but I feel like the new guys are going to play a big role in what we are going to do this year.”
RELATED: D1Baseball's Preseason Top 25
How big can Oregon State's Nick Madrigal play?
Nick Madrigal leads an Oregon State lineup full of experience.
Madrigal had a huge season for the Beavers, toppling his dazzling freshman year numbers. Oregon State’s second baseman hit .380/.449/.532 with four home runs and 20 doubles, while swiping 16 bags, scoring a team-best 53 runs as one of the leaders for a 56-win Beavers squad.
All that at just 5-foot-7.
Madrigal has transformed himself from a nice hitting, middle infielder to a potentially high draft pick. While he may not have the power to send it over the fence too often, he knows how to find the gaps and hardly strikes out. He puts the barrel on the ball, and with he and Steven Kwan atop the lineup, the Beavers should score plenty of runs once again in 2018.
Madrigal will have the opportunity to play even larger than last year. Oregon State returns a lineup full of experience, with all nine starters earning significant playing time last season. Kwan, Madrigal, Trevor Larnach, Jack Anderson, Tyler Malone, Michael Gretler, Adley Rutschman, and Cadyn Grenier are all back. That's scary for any team, especially one coming of a 56-win campaign. If there is any team that can top that, it may be this one.
What can Clemson's Seth Beer do in his junior season?
Fun name? Check. Fun beard? Check. Fun home run swing? You better believe it.
Beer stepped into the national spotlight with a huge freshman campaign in 2016. He won Freshman of the Year honors as well as the Dick Howser Award slashing .369/.535/.700 with 13 doubles, 18 home runs and 70 RBI. He displayed some of the best plate discipline in the nation, walking more than double the amount of times he struck out (27 strikeouts, 62 walks).
Another preseason first-team All-America honor for Seth Beer! #Clemson @PerfectGameUSA pic.twitter.com/OJ0I9fszp4
— Clemson Baseball (@ClemsonBaseball) January 9, 2018
Not bad for a kid that graduated high school early to play in the spring.
Beer’s follow-up campaign in 2017 was good by every measure. Except his own. He fell short of the lofty expectations he set the previous season, and while he put up numbers most others would love to have, they simply didn't build on the year prior.
Now the stage is set. The ACC has no shortage of star power and elite programs. If Clemson -- a team returning no starting pitching from last year's 42-win squad -- wants to return to the postseason, the offense will have to carry the charge early on. If Beer gets rolling out of the gate, the Tigers are heading back to Top 25 territory.
Can Tristan Beck reclaim his status as the Stanford ace?
Beck made an immediate impact on the college baseball landscape as a freshman in 2016. He was just the third freshman to get the ball on Opening Day in Stanford history (Mike Mussina and Cal Quantrill the other two), and quickly became the ace of the rotation, finishing 6-5 with a 2.48 ERA in 2016. But Beck wouldn't see the mound in 2017.
#TBT @t_beck07 K x
#GoStanford pic.twitter.com/oikcmyNABA
— Stanford Baseball (@StanfordBSB) January 12, 2018
While he missed the season due to injury, something happened on the bump for Stanford. Kris Bubic broke out.
Bubic is coming off a monster campaign as the Cardinal's ace, going 7-6 with a 2.79 ERA and 96 strikeouts in 90 innings. He continued to light it up in the Cape Cod Summer League with a 1.65 ERA and a league-best 41 strikeouts en route to Pitcher of the Year honors.
It's a new era of Stanford baseball as David Esquer steps in after Mark Marquess ended his 41-year tenure as skipper of the Cardinal. Esquer gets to start his career with a one-two punch to be reckoned with. They'll be put to an early test, facing Cal State Fullerton on opening weekend.
What’s next for West Virginia?
Twenty-one years. West Virginia teased the nation in 2016, looking like they would end its 20-year drought from NCAA regional play with an exciting team, but fell just short. Last year, head coach Randy Mazey's crew finished what the 2016 team started.
Broken records, top-25 rankings, upset wins and a return to the NCAA Tournament. We had some fun in.#2017Faves #HailWV pic.twitter.com/HbTMeuHBjX
— WVU Baseball (@WVUBaseball) December 31, 2017
The Mountaineers made it to the finals for the third time in program history, but failed to advance. This could very well be the season they break the mold.
Despite losing Jackson Cramer and Kyle Davis, WVU has big group of returners. Braden Zabrinsky is the most exciting, finishing the season as one of five finalists for the John Olerud Award. As the only two-way player amongst the finalists back in 2018, he's arguably the early favorite.
Zabrinsky led the team with a .336 batting average, albeit in limited time in the starting lineup. He was an even bigger presence out of the bullpen, where he went 6-2 with a 2.75 ERA, a team-best six saves and more than a strikeout per inning.
The Big XII is loaded with top notch programs, but with a lot of experienced players, West Virginia could finally rewrite its history and reach the ever-elusive Super Regionals.
How quickly can Scott Googins turn around Cincinnati?
Xavier baseball wasn't a very big national presence before Scott Googins arrival. He leaves after 12 seasons, the all-time winningest coach, rewriting the record book. Xavier won its first Atlantic 10 Championship in 2008 under Googins, and then went on to win its first NCAA tournament game the same season. He helped make the Muskateers a presence in the Big East, winning back-to-back conference championships in 2016 and '17.
Now, Googins takes his talents down the road, looking to turn around a Bearcats baseball program.
WOW. @CoachGoogs CINCINNATI gear never looked so good on you #BeatXavier pic.twitter.com/Uyvbf8l2Ln
— The Cincy Bearcat (@TheCincyBearcat) December 2, 2017
This is a big challenge and to expect them to compete in Year 1 is a bit unfair to Googins. The Bearcats haven't been to the NCAA tournament in 43 years, and the American Athletic Conference is stacked with tough competition from top to bottom. But, he can use that AAC exposure and spacious Marge Schott Stadium to go out and bring in players that fit his mold.
Googins has some nice pieces to work with. A.J. Bumpass broke out last season, batting .287 with 15 doubles and seven home runs, all of those numbers second-best on the team. Connor McVey has started 176 games in his Cincinnati career and as a guy that can get the bat on the ball, his leadership will be needed. J.T Perez, David Orndorff and A.J. Olasz combined to make 30 starts last season, so there are veterans on the bump.
His work is cut out for him. But if Googins has shown anything its that he can make his teams fun to watch.
What can South Alabama's Travis Swaggerty possibly do next?
Travis Swaggerty is becoming one of the best all-around players in the nation for the Jaguars.
Swaggerty has been a stat sheet stuffer since his arrival in Mobile, Alabama in 2016. He had an impressive freshman campaign, slashing .303/.431/.422 with 12 doubles, four home runs and 20 stolen bases. When the lights shined the brightest, so did Swaggerty, hitting .412 in his first career NCAA postseason.
The 5-foot-11 outfielder followed that up with a Second-Team All-American performance, slashing .356/.484/.571 wih 11 home runs and 19 stolen bases. He exploded in the first game of the NCAA Tournament, going 3-4 with a double, home run and four RBI in a 6-3 victory against Mississippi State in the Hattiesburg regional.
Swaggerty then became the first Jaguar to play for Team USA over the summer. He represented them well, hitting .328 with 21 hits and six stolen bases.
That's a pretty stout resumé for two years.
South Alabama enters the season No. 20 in the D1Baseball.com poll, and Swaggerty is piling up preseason All-American honors. All eyes will be on Mobile as South Alabama should contend for the Sun Belt title. With the exciting Dylan Hardy atop the lineup, Swaggerty could be in for his biggest season yet.
Wayne Cavadi has covered all things Division II sports for NCAA.com since 2016. His work has appeared on Bleacher Report, MLB.com, AJC.com, SB Nation and FoxSports.com and in publications like The Advocate and Lindy's Sports.
Clemson basketball takes home the gold for the United States at the World University Games
The United States, comprised of 2019-20 Clemson players, defeated Ukraine 85-63 to win the gold medal in the World University Games at Palasport Del Mauro.
When does the 2019 college football season start?
Since Clemson beat Alabama in January, we’ve all been wondering the same thing: When does the 2019 college football season start?
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> Success Stories
Brett D. Ange
Beaufort County Community College student Brett D. Ange has been chosen to receive the prestigious Academic Excellence Award for the 2012-13 academic year. He is one of 58 award-winners statewide and will be recognized at a ceremony on the BCCC campus later this year.
Ange, 20, of Jamesville is enrolled in BCCC's associate in general education (AGE) classes. A 2011 graduate of Riverside High School, he is employed as a receptionist at H & R Block in Plymouth. He is the son of Cathy and Dwayne Ange of Jamesville. Ange plans to study nursing at BCCC after completing his general education studies this year.
Ange has a 4.0 grade point average at BCCC. The oldest of three children, he is a member of Christian Hope Church of Christ in Plymouth and works in his spare time on the family's Martin County farm. "I am very honored to receive this award on behalf of my community and the college," he said.
Ange said he chose BCCC after graduating early from his high school with the intention of transferring to a four-year university. Instead, he chose to remain for his college and nursing studies because he likes the small campus and the individual attention he receives from instructors.
"I liked the campus and the personal attention from my instructors so much I just stayed," he said. "I enjoy the small campus."
Academic Excellence Award
Associate in General Education
Beaufort County Community College
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Select ratingGive Durham, Plato 1/5Give Durham, Plato 2/5Give Durham, Plato 3/5Give Durham, Plato 4/5Give Durham, Plato 5/5
Durham, Plato
by Allen W. Trelease, 1986
20 Sept. 1840–9 Nov. 1875
Plato Durham, legislator and Conservative political leader during Reconstruction, was born at High Shoals (later Henrietta), Rutherford County, the eldest son and fourth of thirteen children of Micajah and Esther Baxter Durham. Although the family was well off by the standards of the time and place, Durham's early education was gained, in the words of his son, "at the county schools and at the plow handles." When he was about eighteen he began reading law in Rutherfordton and then continued under his uncle, John Baxter, in Knoxville, Tenn. At the outbreak of the Civil War, Durham joined a Confederate military company in Knoxville; however, he soon returned to North Carolina, enlisted in a Cleveland County company in June 1862, and quickly saw active service as part of the Army of Northern Virginia. Rising from private to captain, he was never far from the sound of battle until the guns fell silent at Appomattox. In fact, his company claimed to have fired the last shots in that battle. Durham emerged from the war with an enviable record for gallantry and with a wholehearted dedication to the "Lost Cause." His father, an enthusiastic member of the Secession Convention of 1861, enlisted in the army at an advanced age and lost his life, as did two of his other sons.
After the war Durham attended The University of North Carolina law school and was admitted to the bar at Shelby in August 1866. His legal practice soon won him distinction and financial success. On 9 Apr. 1868 he married Nora Catherine Tracy, daughter of Dr. James Wright Tracy of Kings Mountain. They had five children, Nora Catherine, Robert Lee, Stonewall Jackson, Plato Tracy, and Micajah Rush, the first and last dying in infancy.
Durham's public service began with his election to the legislature of 1866–67. In the Constitutional Convention of 1868 he emerged as a bold and articulate leader of the Conservative minority, advocating the inviolability of the state debt, the removal of political liabilities from ex-Confederates, and the barring of African Americans from holding public office or serving as guardians of white children. He was similarly an outspoken minority leader in the legislature of 1868–70. He ran for Congress in 1868 and was declared elected by a margin of eighteen votes. However, the result was set aside by General E. R. S. Canby on grounds of fraud; on a recount the seat was awarded to his Republican opponent, A. H. Jones. Durham again received the Democratic nomination in 1870 but withdrew at the last moment because of his inability to take the test oath if he was elected. Denied the nomination (which he felt rightfully to be his) in 1874, he ran as an Independent but lost to the regular Democratic nominee. For several years after 1871 he edited the weekly Cleveland Banner in Shelby.
Durham joined the Ku Klux Klan in late 1868 or early 1869. He regarded it as a political weapon against the Republican party, but like other upper-class members he became alarmed by its uncontrolled attacks on obscure African Americans and white Republicans. He tried unsuccessfully to curb the violence, only to become further enmeshed himself in the tangled web of conspiracy and illegality surrounding the order. He was arrested by federal authorities in 1871 but was never brought to trial. For two years his major efforts were directed to exculpating fellow Klansmen, serving them as defense counsel, raising money for their bail and reportedly to bribe jurors, and seeking executive clemency for those convicted—all at considerable personal sacrifice.
Durham's final political service was in the Constitutional Convention of 1875, where he was a leader in dismantling Radical Reconstruction; he also advocated legislative regulation of railway rates. Later that year his life was cut short by pneumonia at the age of thirty-five. He was a Methodist. The University of North Carolina owns an oil portrait of Durham; it was reproduced in the Charlotte Observer, 26 Mar. 1933.
Durham's testimony before congressional investigating committee, 1871, Senate Reports, 42nd Cong., 2nd Sess., no. 41, or House Reports, ibid., no. 22, North Carolina volume.
Plato Durham Papers (Southern Historical Collection, University of North Carolina, Chapel Hill).
J. G. deR. Hamilton, ed., Randolph Shotwell Papers, 3 vols. (1929–36).
"Plato Durham." N.C. Highway Historical Marker O-24, N.C. Office of Archives & History. https://www.ncdcr.gov/about/history/division-historical-resources/nc-highway-historical-marker-program/Markers.aspx?sp=Markers&k=Markers&sv=O-24 (accessed December 20, 2013).
Plato and Catherine Leonora Tracy Durham Family Bible Records. 1840-1930. State Archives of North Carolina, North Carolina Digital Collections. http://digital.ncdcr.gov/cdm/ref/collection/p15012coll1/id/9341 (accessed December 20, 2013).
Plato Tracy Durham Papers, Manuscript, Archives, and Rare Book Library, Emory University. http://findingaids.library.emory.edu/documents/durham194/, (accessed December 20, 2013).
Shotwell, Randolph Abbott. The Papers of Randolph Abbott Shotwell. Vol III. Raleigh: North Carolina Historical Commission. 1936. https://archive.org/details/papersofrandolph03shot (accessed December 20, 2013).
"Family Record." Plato and Catherine Leonora Tracy Durham Family Bible Records. 1840-1930. State Archives of North Carolina, North Carolina Digital Collections. http://digital.ncdcr.gov/cdm/ref/collection/p15012coll1/id/9341 (accessed December 20, 2013).
Reconstruction (1865-1876)
Trelease, Allen W.
1 January 1986 | Trelease, Allen W.
RT @ncculture: #OnThisDay July 15, 1816, Henry Gatling, inventor of an early flying machine, was born in Hertford County. To try t… https://t.co/RKmHXKgqNT — 16 hours 33 sec ago
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Hats Off to Zelda Lockhart!
Hats Off! to Zelda Lockhart who has been awarded the 2014 Ragan-Rubin Award by the NC English Teachers' Association. The Ragin-Rubin Award has, since 1987, recognized an outstanding North Carolina writer and is given in honor of Sam Ragan and Louis Rubin, who were professors at UNC-Chapel Hill and who have been friends and mentors to generations of North Carolina writers, artists and teachers. Zelda will read from her work and receive the award at the NC English Teachers' Association Conference in the Caldwell Building at NC State at 10:00 am on October 11.
Hats Off! to Karen Paul Holmes whose two poems appear in Stay Thirsty Poets, Vol. 1 (ed. Abriana Jette) along with work by Billy Collins, Robert Pinsky, Paul Muldoon, Denise Duhamel, A.E.Stallings, David Lehman, Jericho Brown, Alexis Rhone Fancher, and Jenny Sadre-Orafai. Karen was a featured reader on March 13 in Atlanta at the Callanwolde Fine Arts Center's monthly poetry series; and she will lead a writing retreat called "Your Write Time" at the John C. Campbell Folk School in Brasstown the weekend of July 26.
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Welcome to the Nimbin Community Centre
Located in the heart of Nimbin Town is our vibrant and colourful Community Centre.
The Nimbin Community Centre is a hub for community services & non-profit groups working in Nimbin, and represents the diversity, creativity and versatility of our local community.
The people of Nimbin are proud to have this valuable asset in community hands forever.
REGIONAL SETTING
The village of Nimbin is situated 30 kilometres north west of Lismore and is the service centre for a much larger district population. In the 2011 Census the population of Nimbin is 1,668 and is comprised of 48.7% females and 51.3% males. Due to a high level of transient visitation plus anecdotal accounts of statistical non-compliance within the alternative culture, it is likely that ABS figures underestimate the actual population serviced by the village. Within the Lismore Local Government Area, Nimbin functions as a district centre in its own righ tand has become a service town to the hamlets of Blue Knob, Tuntable Creek, Lillian Rock, Bishops Creek, Stony Chute, Coffee Camp and Larnook. Residents of Mt Burrell and Barkers Vale (within neighbouring Tweed & Kyogle Shires) also use the village services.
HISTORICAL BACKGROUND OF THE SITE
In 1904 Mr. Hugh Thorburn donated two acres of land to the Department of Public Instruction for the purpose of providing a secure site for a school in Nimbin. Mr. Thorburn had housed the original school, established in his barn in 1891. In 1906 the first schoolroom (today's Bark Hut) was built. By 1910 a new school building and residence for the teacher (today's Banksia House) had been constructed and a fig tree was planted to mark the official opening. By this time the school had 120 pupils enrolled.
Additions in 1917 and 1927 created the Acacia House of today. In the late 1920s the department bought two acres of land across the road from the school, for playing fields and paddocks for the students’ horses. Originally this land was acquired for teaching animal husbandry and agriculture but became the school’s playing fields and horse paddock, as many students came to the school on horseback. This land is now the Nimbin Peace Park. In 1935 enrolments jumped to 188, a figure not to be surpassed in the primary school until 1990. 1950, 1963 and 1966 saw new classroom buildings constructed. The last of these, at a cost of $60,000 was the brick science block (Casuarina Building). Form 2 planted the cypress trees in the front of the school in 1965. The Aquarius Festival in 1973 saw new people move to the area and a gradual rise in school numbers. In 1977 the art and craft room (Bottlebrush Studio) was constructed and 1981 saw the first improvements to the playing fields - pipes, fill and leveling.
In 1987, due to increasing enrollments, the primary school was moved to temporary accommodation in the village. A new Primary School was constructed in 1995. In 1997 Nimbin Central School was completed to house both Primary and Secondary students, vacating the original school site, an historical occasion for the community of Nimbin.
ACQUISITION OF THE SITE
Armed with the knowledge that a new school was to be constructed, the Nimbin community was faced with a once-in-a-lifetime opportunity to keep the very heart of Nimbin in the hands of the community forever, an opportunity to create a focus for community activities and beautiful parkland. The Department of School Education offered the two sites, the old school grounds and the now Peace Park, to Lismore City Council for $280,000, approximately half their commercial value.
In August 1995 a community committee was established to explore the option of purchasing the site and in 1996 council agreed to buy this land for Nimbin, provided that the community itself raised $140,000 prior to purchase and undertook to repay the balance, plus any funds required for development of the site, over the following ten years.
So began a period of tireless fundraising and by January 1998 the community had raised the $140,000 required by council. Major financial contributions towards this figure included:
$37,000 Nimbin Community School Cooperative who sold a building to finance their contribution.
$30,000 "Visions of Nimbin" trade and cultural expo.
$30,000 grant from Casino Community Benefit Fund.
Significant donations from numerous individuals and organisations within Nimbin community.
The additional funds were raised through a multitude of fundraising activities.
While fundraising was underway the Nimbin Community Development Association (NCDA) was incorporated as a non-profit community organisation. NCDA undertook extensive community consultation to develop the vision for the sites and a long-term plan to ensure economic, social and environmental sustainability. NCDA subsequently became custodians and managers of the sites on behalf of the wider community, facilitated through a lease between NCDA and Lismore Council.
Acquisition of the sites saw two subdivisions take place. One created land for the Nimbin Volunteer Bushfire Brigade where a new fire shed was constructed. The other enabled Lismore City Council to build new public toilets, following closure of the public toilets belonging to the Nimbin School of Arts.
The loan with Lismore City Council was paid up in full in 2008. This was achieved through the fundraising initiatives and grants listed above, and through rental income from local groups and community services who rented spaces in the community centre. At the same time NCDA changed their name to Nimbin Community Centre Inc. and took the title to Nimbin Community Centre in July 2008.
After much negotiation, a few false starts, some intensive negotiations with neighbors the Nimbin Skate park was finally constructed in the Peace Park area in 2011. Whilst the completion of the project was supported and facilitated by the Nimbin Community Centre as an important part of our support for youth facilities and infrastructure we soon discovered that as an unfunded organisation dependent on tenant rents to fund out activities we could not afford the insurance required to cover the skate park (at the time the quote was over $10,000). As a result the Nimbin Community Centre could no longer afford to keep the Peace Park area and so after some negotiation they gifted the Peace Park area to the Lismore City Council who could afford the required insurance in 2012.
7 Sibley Street Nimbin
In January 2012 the community became aware that 7 Sibley Street in Nimbin would be auctioned in late February 2012, and the Team Leader of the Nimbin Neighbourhood and Information Centre (NNIC) together with the Secretary of the Nimbin Community Centre (NCCI) met with Gary Murphy, General Manager of Lismore City Council and submitted to Council a Project Plan with a view to Council purchasing the site for the purposes of the NNIC's identified "Sustainability Hub" project. In the meantime NNIC commenced a fundraising campaign and around fifteen thousand ($15,000.00) dollars were pledged by community members towards the purchase of the site by the date of the auction.
A few days prior to the auction Council advised that it was unable to purchase the site or assist with financial contributions towards its purchase due to budgetary constraints. As the property was passed in at auction, NNIC continued to seek pledges from the community.
By late March 2012 pledges had increased to around thirty thousand ($30,000.00) dollars and NNIC had committed fifteen thousand ($15,000.00). Gerhard Weihermann (“the Mortgagor”) approached NNIC and offered to provide bridging finance to enable the purchase of the site, on the condition that NCCI take title over the property.
The Mortgagor's reasons for this included:
NCCI offers a greater security for the loan given its asset base;
NCCI has significant experience in property management;
This will enable NNIC to focus on the development and implementation of the project;
The potential for NCCI to regain ownership of the adjoining former skate park/basketball court thus expanding the potential for the project;
A partnership between NCCI and NNIC will increase the collective energy and experience behind the project.
An initial offer of one hundred and forty ($140,000.00) dollars was made and accepted, but the property was eventually purchased in May 2012 for the sum of $145,000.00 plus $2,000.00 legal costs.
Donations to the project have been made by community members on the understanding that the site will be used for the Sustainable Living Hub project. The parties acknowledge their obligation to honour the considerable community good will and funds contributed to the purchase of the site for the purposes of the project.
In 2017 once the site was secured and paid for (2016) the Nimbin Community Centre entered into an MOU with the Nimbin Neighborhood and Information Centre to define the terms of their joint ownership (50% each) and partnership in this important community Project. The NCCI agreed to remain silent partners with the NNIC taking control and responsibility for the development of the Sibley Street project. Under the terms of the agreement NCCI also agreed that once the Neighborhood Centre had increased their equity in the site to 75% of the value of the site, the NCCI would transfer full ownership of the site to NNIC. We are pleased to announce that the transfer of full ownership of the 7 Sibley Street Site and the Sustainability project to NNIC has occurred.
The Birth & Beyond Story
In 2013, following a protracted legal dispute over ownership, Nimbin Community Centre took title to Birth & Beyond at 54 Cullen Street, a building with a long and varied history. Built on the main street of Nimbin around 1906 it has housed a barber’s shop, a billiard room, a boot store, an auctioneer’s and the local branch of the RSL. In 1973 it was purchased for $500 from the RSL to serve as a hub for the Aquarius Festival. Following the festival the building was sold to six individuals for $500 plus costs.
Since 1973 the building has continued as a community meeting place and provided a home for many organisations including Birth & Beyond, Treeworks, the Nightcap Action Group, a local Down to Earth branch, Nimbin Film Society, Rainbow Information Centre which gave birth to Nimbin News and Nimbin Neighbourhood and Information Centre, Seedsavers, and Brackets & Jam folk nights. It has also provided a healing space for many health practitioners of various disciplines, and birthed successful local businesses such as Rainbow Power Company and Fashionating.
In 1990 Nimbin Apothecary, an herbal and homeopathic dispensary, was established alongside Nimbin Environment Centre. Once sharing the same room, both have long established themselves as core tenants of Birth & Beyond, growing and prospering independently as valued community services.
In 2013 Nimbin Community Centre purchased the building from four of the six post Aquarian owners for $200,000. The remaining two owners, CoOrdination CoOperative (CoCo) and Gael Knefner, donated their shares in the building. Birth & Beyond is now in community ownership, secure for future generations, and continues to be used by a diverse range of community organisations and local healers. NCC would like to publicly acknowledge CoCo for their additional and generous financial contribution to this outcome. We would also like to thank the community member who assisted the Community Centre’s acquisition with an interest free loan.
RAINBOW ROAD – NIMBIN
A FEASIBILITY INTO THE PLANNING AND IMPLEMENTATION OF A WALKING TRACK IN THE VILLAGE OF NIMBIN
FINAL REPORT MARCH 2018
“May the long time sun shine upon you, all love surround you and the pure light within you guide your way on”
Rainbow Road is a 3km walk around the village of Nimbin that will link existing authentic educational experiences.
It provides linkages between Nimbin’s already highly visited attractions: colourful murals, shops and displays, Rainbow Power Company and Djanbung Gardens International Permaculture Hamlet.
It provides opportunities to create new experiences sought by locals and visitors.
It provides a pedestrian safe option from the busy main street of Nimbin to key community facilities.
Built to Australian Walking Track Standards, Rainbow Road features working examples of sustainability and alternative life. It provides avenues to promote and extend the values of ‘Aquarius’. It creates employment and training.
It is unique.
Click here for more information: Rainbow Road Walking Track
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About NKT Photonics
History of NKT Photonics
Press & Investors
Honesty and reliability are our core values and conducting responsible business in the heart of all our actions. We are committed to responsible and ethical behaviour and, as an active corporate citizen, we embrace a value-based approach to the way we conduct business around the world.
We are present in a number of countries worldwide and thereby support communities in those markets by creating jobs, growth and a range of government revenues. We will continue to develop our business in a way that benefits our company as well as the communities and economies upon which we depend for future growth.
Our primary economic contribution is the result of our production and sales and we ensure that profits are generated and that taxes and duties are paid.
Respect, responsibility and professionalism are essential behaviours when it comes to applying our business conduct. This goes for every one of us, no matter what we do and where we work in the organisation.
At NKT Photonics we respect and comply with applicable laws and regulations, including international laws, and require our employees and business partners to do likewise.
We want to do right, in everything we do!
Download our Code of Conduct
In our Code of Conduct, we have described our business ethics and integrity; our policies on data security, anti-corruption and product compliance; how we take care of the environment; how we acknowledge human rights; and our compliance handling procedures.
If you want to know more, please download our Business Code of Conduct.
Code of Conduct in English
Code of Conduct in German
Code of Conduct in French
Code of Conduct in Chinese
Code of Conduct in Danish
Please also refer to our Corporate Social Responsibility page.
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Eastfield Park
This vast open space provides a pastoral retreat for the two housing estates of Eastfield and Lakeview, which lie on either side. The park itself is situated along Booth Lane, which joins the main Kettering and Wellingborough Roads and was one of the last parks to be developed by the former Estates department.
Eastfield Park sport facilities comprise of 2 senior football pitches and events include multi-games and community safety days.
Find Eastfield Park
Eastfield Park Management Committee
Eastfield Park Management Committee brings together key stakeholders and representatives with an interest in the park, to work in partnership to mange the park and plan for its future.
The Eastfield Park Management Plan, which includes the action plans for Eastfield Park Management Committee, can be found on the following link - Eastfield Park Management Plan .
If you would like to contact your Park Management Committee, please email [email protected]
More information about Park Management Committees in general can be found on the following link - Park Management Committees.
Upcoming events for Friends of Eastfield Park
Brief history of Eastfield Park (December, 2012)
Eastfield Park now lies entirely within the Borough of Northampton’s Eastfield Ward but from medieval times to 1900 the land fell within the Parishes of Abington and Weston Favell. A 1671 map of the Abington Estate shows that what is now the western half of the park was then part of a large wooded enclosure known as ‘The Bushie Close’. ‘Weston Great Close’, in the parish of Weston Favell, covered what is now the eastern half of the park. By late Victorian times, these large fields had been divided into smaller ones. The presence of areas of conspicuous ridge and furrow within the park is evidence of arable farming in medieval times but in more recent times it would appear that the land was mainly used as permanent pasture.
For the first quarter of the 20th century the park was part of the grounds of Weston Favell House, built in 1900 by James Manfield (son of Sir Philip Manfield who had founded the first machine-based shoe factory in Northampton). The lake and ponds within the park are artificial features constructed at that time. The lake was originally stocked with rainbow trout and used for boating and fishing. The ponds were part of ornamental gardens that were occasionally opened to the public to raise money for Northampton General Hospital. In May 1913, when the gardens were opened without charge, the Estate employed a Head Gardener with a staff of 14 assistants.
The house and gardens were separated from the rest of the Park by a ha-ha which is still evident along part of boundary between Eastfield Park and the house. Also enclosed within the ha-ha was the Bull Ring consisting of 26 lime trees surrounding a statue of a man with a wild boar. The statue was a feature added by James Manfield and is no longer in the Park but the ring of trees is shown on 1886 Ordnance Survey maps and was described in the 1923 Weston Favell House Estate Sale Catalogue as being over 200 years old and possibly associated will bull baiting.
In 1923 the house, its grounds, and the entire Manfield holdings in the area (1500 acres) was put up for auction in 62 lots. Lot 62 included the grounds of the present Eastfield Park, Cynthia Spencer Hospice and Manfield Grange but, with some other lots, remained unsold. A second auction (of 541 acres in 30 lots) was held in 1924 but the house remained unsold. Manfield therefore donated it (with 15 acres of land) to become a hospital for crippled children. For many years the Grade 2 listed mansion served as Manfield Orthopaedic Hospital but it has now been converted into private residences known as Manfield Grange. The present park has an area of just over 21 hectares (60 acres).
During the break-up of the Manfield Estate, Major Arthur Ray (an Honorary Major in the Territorial Army and Mayor of Northampton in 1928) acquired part of the grounds of Weston Favell House including the lake, the ornamental gardens, and much of the present park. He built Eastfield House on the land in 1924 and died in 1944.
By 1950, the site was on the edge of Northampton’s rapidly expanding residential area and the land was acquired by Northampton Borough Council. Much of it had been allowed to go wild. There are reports that the boathouse was in a ruinous condition, the lily ponds were choked and the ornamental gardens overgrown.
The Eastfield Estate was built on the southern part of the land during the following years, thus giving the park more or less its current outline. In 1957, an article in the Chronicle & Echo suggested that the new Eastfield Estate had a ‘rural setting’ with a beautiful park nearby. However, local residents complained about the lack of safe facilities for children.
As time progressed, dangerous buildings were removed and some of the ponds filled in for safety reasons. Eventually, the land that had not been built on was opened to the public as the present Eastfield Park.
Historical information researched by the Friends of Eastfield Park
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Local Knights of Columbus to help with slain Colorado teen 'hero' funeral
by Rhina Guidos
Kendrick Castillo and his father, John Castillo. (CNA photo courtesy of Knights of Columbus #4844)
WASHINGTON (CNS) — An 18-year-old Catholic credited with saving the lives of his schoolmates when he lunged at a shooter at Denver's STEM School Highlands Ranch in Colorado May 7 wanted to become part of the Knights of Columbus, and a local branch of the Catholic organization is said to be helping pay the costs of his funeral.
Knights of Columbus Council 4844 of Southwest Denver has set up a fund to help the family of Kendrick Castillo with the boy's funeral and will be helping during services, private and public, to honor his life.
Local news organization Fox 31 of Denver said the high school senior, killed just days before his graduation from the school where the shooting took place, had taken part in 2,600 hours of service with the Knights, along with his father, John, who is a member of the Catholic service organization for men. Castillo was the only casualty in the shooting although eight other students were injured. Two suspects, also students of the school, have been arrested in the incident.
Council 4844's Facebook page posted several photos of Castillo as well as the services the Knights plan to attend as well as the help they offered to John and Maria Castillo, the boy's parents. The only event open to the public and the media is listed for May 15. The organization posted a photo of the boy and his father together wearing an apron with the organization's logo. One of the organization's members told a local station that the boy often took part in events with his father.
"He cared about his faith and his family and friends more than himself or anything,” friend Sara Stacks, 17, told The New York Times for a story published May 8.
On May 9, John J. Doherty, state deputy for the Colorado Knights of Columbus, wrote on the organization's website that Castillo "desired to be a Knight, his Dad is a Knight; let's treat him and his family like the Knight he was in his heart, let us be there for him and his family!"
Simply put, he wrote, Castillo was "a young Catholic boy, with the heart of Christ," and said that he was "the very essence of what it is to be a Knight of Columbus, a young man of Charity, Unity, Fraternity."
"This young man was undoubtedly a Knight in his heart," Doherty wrote. "I saw the pictures of he and his father in aprons at a Knights event and I was struck by the big smile on his face, he was happy there. This young man glorified God through his selfless action in sacrificing his life so his friends might live."
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Bye-Bye To The Home Of A Favorite Internet Conspiracy Theory The U.S. military is closing a facility scientists have used to study the edge of Earth's atmosphere. Conspiracy theorists suspect it's also been used for nefarious activity — like mind control.
Bye-Bye To The Home Of A Favorite Internet Conspiracy Theory
Bye-Bye To The Home Of A Favorite Internet Conspiracy Theory 4:46
June 10, 20144:00 PM ET
Geoff Brumfiel
The remote HAARP facility in Alaska has 180 antennas that are used to study the ionosphere. Courtesy of Christopher Fallen hide caption
Courtesy of Christopher Fallen
It sure looks suspicious: a remote military compound in the south-central Alaskan wilderness filled with 180 weird-looking antennas.
They want to bulldoze it, which is really atrocious to me. It's like burning the Alexandria Library.
Dennis Papadopoulos
It's the home of the High Frequency Active Auroral Research Program (HAARP). Conspiracy theorists have accused the program of doing everything from mind control to global communications jamming.
Now HAARP's many conspiracies, along with its legitimate research, may finally be at an end. The roughly $300 million facility is wrapping up its last experiments on June 10, and the Air Force, which runs the compound, may soon dismantle it.
"They want to bulldoze it, which is really atrocious to me," says Dennis Papadopoulos, a physicist at the University of Maryland and a longtime champion of HAARP. "It's like burning the Alexandria Library."
HAARP is designed to study the ionosphere, a region of space filled with charged particles. The charged particles respond to radio waves, so HAARP can study the ionosphere by beaming radio waves straight up, for hundreds of miles.
Stunning And Amazing: Northern Lights Wow U.K.
"It's like a radio station, but much more powerful," Papadopoulos says.
HAARP is so powerful, it can create an artificial aurora high in the sky. The research has the potential to improve satellite communications and navigation. And, yes, the military has used it to study things they don't talk about.
"On occasion there have been secret experiments," Papadopoulos says. Many of these involve communication with nuclear submarines. HAARP can turn the ionosphere into a giant antenna that can be used to transmit signals underwater.
HAARP's remote location and ability to manipulate the atmosphere has made it a favorite source of speculation for conspiracy theorists, who say it can trigger earthquakes and control minds. Papadopoulos is dismissive: "If we could do that, we'll patent it and sell it to Wall Street," he says.
But researchers do understand why HAARP has a reputation. "It's a weird-looking thing," says Chris Fallen, a researcher at the University of Alaska in Fairbanks. The abstruse nature of HAARP's research doesn't help, he says: "If [these scientists do] talk about what they do, then nobody understands what they're talking about."
Fallen recently used HAARP to test something known as the "Luxembourg effect." When radio signals at different frequencies bounce off the ionosphere, they can mix together. Fallen used this effect to blend two different songs together. "These two different musical performances were essentially mixed in space," Fallen says.
The result sounds eerie, and is unlikely to help HAARP's reputation.
"If I get another opportunity, I'll try to do something simple," he says, "like 'Row, Row, Row Your Boat.' "
But at the moment it looks like Fallen may never get another chance. HAARP was built at the behest of Ted Stevens, a powerful former senator from Alaska. Stevens left office in 2008, and died in a plane crash in 2010. Now the Air Force says it doesn't want to pay the millions needed to keep HAARP open, so the facility is switching off.
Papadopoulos is fighting to keep the project on standby for a few years, while he and other scientists try to raise money to keep it running. But he worries the Air Force is eager to dismantle the program. If that happens, then HAARP will vanish without a trace.
That should get those conspiracy theorists talking.
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U.K.'s Anti-Terrorism Programs Under Scrutiny Some of the U.K. government's responses to terrorism have been controversial. Scott Simon speaks with Clive Walker of the University of Leeds, part of a team of independent policy reviewers.
U.K.'s Anti-Terrorism Programs Under Scrutiny
U.K.'s Anti-Terrorism Programs Under Scrutiny 4:22
< U.K.'s Anti-Terrorism Programs Under Scrutiny
SCOTT SIMON, HOST:
The United Kingdom has a long history with terrorism stretching back to the bombs of the IRA in the 1970s. Britain is known for being vigilant, but recent events, including this week's attack in Manchester, raised questions about the effectiveness of the U.K.'s policies to fight terrorists. The most controversial part is called Prevent. It's been charged by some as a domestic spying program that alienates Muslims. We're joined by Professor Clive Walker from the University of Leeds. He's part of a team of independent reviewers of the U.K. government's anti-terrorism legislation. He joins us on Skype. Professor, thanks so much for being with us.
CLIVE WALKER: It's a pleasure. Good afternoon.
SIMON: Could you help us understand what the Prevent part of the program is?
WALKER: Well, I think Prevent is about providing counternarratives to violent extremism, to giving arguments which are going to be convincing enough to stop people joining in violent extremism. So that's on a general level. It's about helping institutions which might be subject to the propagation of violent extremism such as universities or mosques. And it is about helping individuals who have fallen prey to violent extremism and the ideology of violent extremism.
SIMON: Let me try and understand it in the most fundamental terms. Are we asking people to inform on their neighbors and coworkers and students?
WALKER: Well, I think we are asking people to inform, although I'd have to say I think informing is much more, you might say, routinized in the case of Prevent. So the relationships are more general and systematic than individual snitching, if I can put it that way. So the idea of Prevent is, for example, to work with schools or to work with universities and to ask whether the schools and universities have systems for identifying individuals at risk. Those are really what Prevent is supposed to be about, although I'm sure you can find controversial and possibly even mistaken examples where people have engaged in spying and snitching, if I can put it that way.
SIMON: Yeah. What do we make of the fact, Professor Walker, that apparently neighbors of the man who carried out the attack in Manchester say they contacted the authorities?
WALKER: Well, I think we can say a number of things. I think from the history of this person I'd be astonished if the security service had not heard of this family given that they were such longstanding opponents of the Gaddafi regime. I think the other point you ought to bear in mind is that at any one time risk analysis of terrorism in the U.K. will involve thousands of people, will involve thousands of potential risks. And we know that choices have to be made. And the resources are not infinite.
SIMON: I wonder, is it necessary for somebody to say maybe sometimes quite bluntly to citizens of a democracy that cares about civil liberties that you can have someone under watch, but until they do something that is palpably threatening or illegal there's not much authorities can do?
WALKER: I think that's a fair statement. It must be said that the United Kingdom has some of the most extensive anti-terrorism legislation in the world which goes, I would suggest, far beyond anything you would find in the United States. Nevertheless, the state can only go so far before it becomes rather an unpopular and counterproductive form of intervention which frightens away the possibility of communities cooperating with it and making the kind of reports about suspicious or antisocial behavior which you mentioned earlier. So I think there is a kind of limit there on what can be done in a democratic society which believes in liberal values.
SIMON: Clive Walker is a leading legal expert on terrorism and an independent reviewer of the U.K.'s anti-terrorism legislation. Thanks so much for being with us, professor.
WALKER: Thank you, Scott. You're very welcome.
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Opinion|Wal-Mart Wins. Workers Lose.
Opinion | Editorial
Wal-Mart Wins. Workers Lose.
Wal-Mart Stores asked the Supreme Court to make a million or more of the company’s current and former female employees fend for themselves in individual lawsuits instead of seeking billions of dollars for discrimination in a class-action lawsuit. Wal-Mart got what it wanted from the court — unanimous dismissal of the suit as the plaintiffs presented it — and more from the five conservative justices, who went further in restricting class actions in general.
The majority opinion by Justice Antonin Scalia will make it substantially more difficult for class-action suits in all manner of cases to move forward. For 45 years, since Congress approved the criteria for class actions, the threshold for certification of a class has been low, with good reason because certification is merely the first step in a suit. Members of a potential class have had to show that they were numerous, had questions of law or fact in common and had representatives with typical claims who would protect the interests of the class.
Justice Scalia significantly raised the threshold of certification, writing that there must be “glue” holding together the claims of a would-be class. Now, without saying what the actual standard of proof is, the majority requires that potential members of a class show that they are likely to prevail at trial when they seek initial certification. In this change, the court has made fact-finding a major part of certification, increasing the cost and the stakes of starting a class action.
Justice Ruth Bader Ginsburg, writing for the four moderates on the court, dissented from Justice Scalia’s broader analysis and sought a much narrower holding. The minority found that the plaintiffs had cleared the bar for certification with evidence suggesting that “gender bias suffused Wal-Mart’s company culture” but would have sent the case back to the trial court to consider whether the class action should have gone forward in a different form.
The plaintiffs in this case sought three forms of relief: to stop Wal-Mart’s employment practices that allegedly discriminated against women, to have the company adopt equitable ones and to recover wages lost as a result of unfair practices. The justices have all but ended this mix of remedies under one part of the main class-action rule — even though Congress and most courts of appeals have allowed it for decades.
Without a class action, it will be very difficult for most of the women potentially affected to pursue individual claims. The average wages lost per year for a member of the rejected Wal-Mart class are around $1,100 — too little to give lawyers an incentive to represent such an individual. For the plaintiffs, for groups seeking back pay in class actions, and for class actions in general, it was a bad day in court.
A version of this editorial appears in print on June 21, 2011, on Page A26 of the New York edition with the headline: Wal-Mart Wins. Workers Lose.: The Supreme Court makes it harder and more expensive to seek class-action remedies. Today's Paper|Subscribe
Opinion Room for Debate
A Death Blow to Class Action?
A New Hurdle for Suits Brought on Behalf of Many JUNE 20, 2011
Supreme Court Blocks Bias Suit Against Wal-Mart JUNE 20, 2011
Suits and Litigation
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Art & Design|A Museum Broadens Its Identity
A Museum Broadens Its Identity
“Collection Tableaux” in the Offit Gallery at the Jewish Museum.CreditCreditTodd Heisler/The New York Times
By Allan Kozinn
Directors of large institutions often spend their first year on the job mapping out their plans while their predecessors’ last projects hold the spotlight. Claudia Gould, the Jewish Museum’s new director, has had another task as well: juggling other people’s expectations and fears about her intentions for the museum, an unwanted distraction as she prepares to revitalize an institution that even its supporters admit has become staid.
Coming to the museum after a dozen years as director of the Institute of Contemporary Art in Philadelphia, following five at the helm of Artists Space, the SoHo organization devoted to the work of emerging artists, Ms. Gould, 56, was seen by some in the art world as likely to transform the museum into a haven for modern works, as it was briefly in the 1960s when it presented young Pop Art and Minimalist pioneers.
That prospect worried those who regard the museum’s Judaica collection as its principal focus, and who were wondering whether Ms. Gould — raised in an interfaith home, with a Jewish father and a Roman Catholic mother — had the background to deal with these materials.
In an interview — her first extended discussion of her job since she took over in November 2011 — Ms. Gould described her upbringing as “culturally Jewish,” but added that many aspects of Judaism were new to her. She did not know until she took the job, for example, that because Judaism is matrilineal from a religious perspective, she is not considered Jewish at all.
For Robert A. Pruzan, the museum’s chairman, that appeared to be a nonissue.
“Claudia’s spirituality and thoughtfulness about the interplay of culture and religion, and the role of religion in one’s life and community, was very appealing to those of us on the search committee,” Mr. Pruzan said. “We discussed her background, but in the end, the decision was that this was the right leader for the museum. And in a world of intermarriage and other trends, being able to communicate with a broad community was important to us.”
From Ms. Gould’s point of view, coming to the subject fresh is a plus.
“I never intended that this would become a contemporary-art museum,” she said. “And why would I want to? What’s interesting for me is that this is really different, and not my world. If I was going to leave that great job — and I know how great it was — I was going to come to a place that was superchallenging. I would never have taken this job if I were just going to do the same thing I did in Philadelphia.”
Not that she intends to put her art-world experience behind her.
“One board member said to me, ‘How do you feel about leaving contemporary art?’ ” she recalled. “And I said, ‘I’m not leaving contemporary art. I’m not leaving anything. I’m adding on.’ Sometimes when you give perimeters to things, other things open up.”
With a $17 million annual budget and a reputation for attracting new financing — in Philadelphia, she took the budget to more than $3 million from $1 million — Ms. Gould has plenty of ideas. She would like to offer more free public programming and has engaged Jens Hoffmann, formerly the director of the Wattis Institute for Contemporary Arts in San Francisco, to oversee (among other things) what she calls “holistic” interdisciplinary programs and public discussions related to exhibitions.
She also hopes to update the museum’s technological infrastructure. And she plans to revamp or replace “Culture and Continuity: The Jewish Journey,” which was installed in 1993 as a permanent exhibition showing the sweep of Jewish history and has scarcely changed since.
The Jewish Museum’s director, Claudia Gould, says one goal is to change the presentation of the permanent collection.CreditTodd Heisler/The New York Times
“What’s amazing about that show,” she said, “is that it democratizes art and culture in a way no one else was thinking about 25 years ago. There is no hierarchy between a Kiddush cup and a painting by George Grosz, and I love that. But the prescribed tour is confusing. You get lost in it. It’s also very dated.”
“We have 26,000 objects here,” she added, “and the exhibition includes only 800 of them. We have a lot more to show.”
How and when the permanent exhibition will change is an open question: Ms. Gould said the board had signed on, but that talks had just begun; Mr. Pruzan deflected the question entirely.
But Ms. Gould is not waiting to dig into the museum’s storerooms. Barbara Bloom’s “As it were ... So to speak,” an installation opening on March 15, is one way she plans to bridge her world and the museum’s: by asking artists to organize exhibitions of the museum’s holdings.
Ms. Bloom, inspired by Talmudic discourse in which rabbis discuss points of law over several centuries, plans to fill the museum’s second-floor rooms with objects of different eras. A board game based on the 19th-century court-martial of Alfred Dreyfus, the French Army officer convicted of treason (and later exonerated) in a trial tainted by anti-Semitism, is given a pair of ancient Roman dice. Sacred and secular also mix: a selection of hand-shaped Torah pointers stands in for the strings of a piano.
“Some board members were afraid — ‘What is she going to do?’ ‘How do you know it’s going to be good?’ ” Ms. Gould recalled. “But if you follow an artist’s career — if you follow their work, and you believe in them — you just know that it will be good. We’re going to be showing our collection, and our collection is historical. But a contemporary perspective is always going to be there.”
The passion for artists that led Ms. Gould to commission Ms. Bloom’s Judaica installation will have more purely artistic outlets as well. The museum has long had single- or multiple-artist shows, often devoted to Jewish social, political and historical topics, with responses to the Holocaust as an occasional theme.
In September Ms. Gould presented the Israeli artist Izhar Patkin’s “Messiah’s glAss,” a mixed-media exhibition with a political edge: the pieces highlighted Mr. Patkin’s worry that what he regards as a Messianic form of Zionism is displacing the secularism that has long prevailed in Israel.
“Did Claudia have a problem with it?” Mr. Patkin mused. “No, she is very supportive of anything for an artist. Some museum directors want to make a point, and choose the art or the artist who will do that for them. Claudia chooses the artists she likes for a broad set of reasons, and lets them say what they have to say.”
Ms. Gould, who describes herself as “not political,” said she was hoping to ensure that the museum avoids becoming an inward-looking organization that appeals only to Jewish visitors. What she has been unable to answer is what it means to be a Jewish museum in 2013, given the religious and cultural diversity of Jewish life now.
“There is no answer,” she said. “It’s endless and ongoing and, hopefully, ever-changing. What I hope is to make a multifaceted institution that offers very different perspectives and different points of view — not a single point of view, not my point of view, not just the curators’ points of view, but also artists’ perspectives and the points of view of people we don’t necessarily agree with. That’s our job, as a museum.”
A version of this article appears in print on , Section C, Page 1 of the New York edition with the headline: A Museum Broadens Its Identity. Order Reprints | Today’s Paper | Subscribe
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Middle East|Syrian President Calls Donald Trump a ‘Natural Ally’ in Fight Against Terrorism
Syrian President Calls Donald Trump a ‘Natural Ally’ in Fight Against Terrorism
Destroyed buildings in the Syrian village of Kfar Jales, near Idlib, on Wednesday, following air strikes by Syrian and Russian warplanes.CreditCreditOmar Haj Kadour/Agence France-Presse — Getty Images
By Helene Cooper and Eric Schmitt
WASHINGTON — President Bashar al-Assad of Syria, condemned by the Obama administration and much of the West for waging a brutal war of suppression against Islamist opponents in his country, said this week that President-elect Donald J. Trump could be a “natural ally” in the fight against terrorism. The comment underscored the degree to which the new administration’s approach could reverse central tenets of American foreign policy.
In an interview with the Portuguese broadcaster RTP published on Tuesday, Mr. Assad — whom President Obama wants removed from office — welcomed the prospect that Mr. Trump would make good on his campaign promise to focus exclusively on fighting the Islamic State and to align the United States with Russia, a close ally of Mr. Assad’s, in doing so. The Islamic State, also known as ISIS or ISIL, is one of an array of moderate and extremist groups seeking to topple Mr. Assad.
The statements by Mr. Assad — a leader who Secretary of State John Kerry has said should be investigated for war crimes along with Russia — highlighted both the complexity of the foreign policy challenges awaiting Mr. Trump and the extent to which he has signaled a break from Mr. Obama’s approach, especially in the Middle East.
In Syria, Mr. Trump will inherit an especially tangled set of alliances and trade-offs, a situation that has bedeviled Mr. Obama in a region where the United States military is acting in support of efforts to contain or destroy the Islamic State.
While allowing that what he called “opposing forces within the administration” could cast doubt on whether Mr. Trump “can deliver on his promises,” Mr. Assad said that “if — if — he fights the terrorists, it is clear that we will be a natural ally, together with the Russians, Iranians and many other countries who want to defeat the terrorists.”
His comments, while cautious, were the latest evidence of a growing expectation among both opponents and allies of the United States that Mr. Trump will reverse Mr. Obama’s policy on Mr. Assad, which lays much of the blame for the Syrian civil war at his feet. A European diplomat said Wednesday that officials in Germany and Britain were bracing for an American about-face on Mr. Assad, and Arab diplomats expressed a similar worry.
In an interview last week with The Wall Street Journal, Mr. Trump signaled as much, suggesting that once he took office he would drop American support for certain Syrian opposition groups that have been fighting both the Islamic State and the Assad government, and focus solely on bombing the Islamic State. “My attitude was you’re fighting Syria, Syria is fighting ISIS, and you have to get rid of ISIS,” Mr. Trump said.
But foreign policy experts, both Republican and Democratic, say such a move will probably leave the new president with a very different problem: deciding how to finesse the battleground of the Syrian civil war — which will still be going on — without putting back in place all of the factors that led to the rise of the Islamic State in the first place.
President Bashar al-Assad of Syria called President-elect Donald J. Trump “a natural ally” in the struggle against terrorism, but said he was still dubious that Mr. Trump can live up to his promises.CreditCreditSANA
The Islamic State is in retreat regardless of Mr. Trump. The American-backed campaign to retake the last Islamic State stronghold in Iraq — the city of Mosul — is well underway. In Syria, the American-led coalition has been gaining ground on the Islamic State’s stronghold of Raqqa. While Raqqa may not be retaken by Jan. 20 when Mr. Trump is sworn in, Pentagon officials say that Mosul probably will be and that Raqqa could fall not long afterward.
But the battleground defeat of the Islamic State is almost the easy part. Mr. Trump’s administration will then have to confront hard choices on the other war in Syria, namely balancing the competing forces of traditional American opponents — Syria, Russia and Iran — with traditional American allies. These include Turkey, a NATO ally, and the Sunni Arab countries, like Saudi Arabia and the United Arab Emirates, who want to arm and bolster groups opposed to the Syrian government.
Mr. Assad, Russia and Iran are fighting not only the Islamic State, but also any Syrian groups opposed to the government, including those backed by the United States and the Sunni Arab countries. If Mr. Trump abandons that alliance for the Russia-Syria-Iran axis, he will effectively be strengthening Mr. Assad’s government. That is the same government whose repressive, anti-Sunni policies are blamed by American, European and Arab governments for fueling the rise of the Islamic State and other extremist groups to begin with.
“You might win the battle against ISIS in Raqqa, but you can’t win the overall counterterrorism war, and achieve a favorable balance in the Middle East, unless it’s linked to addressing the civil war with Assad,” said Michael G. Vickers, a former top Pentagon official. “Aligning with Russia, and implicitly with Assad and the Iranians, would be a strategic blunder with our Sunni allies.”
Some Syrian rebel groups, long frustrated that the Obama administration has not given them greater military support, say they are bracing for a complete cessation of American aid, but they express hope that allies like Saudi Arabia and Turkey will continue to supply them, even in defiance of the Trump administration.
Emile Hokayem, a scholar at the International Institute for Strategic Studies, said Mr. Assad had long calculated that, over time, Western countries would either adopt his view that the rebels were all radicalized jihadists, or prioritize fighting terrorist groups over support for the moderate forces challenging Mr. Assad’s rule.
“This was a waiting game par excellence, one perfected by his father and now him, and one that seems to be paying off: Give up nothing, feed and survive the chaos, and wait for the others to cave or rethink,” Mr. Hokayem said in an interview.
Mr. Trump’s expressed fondness for deal making could open the door for the return to the United States of Austin Tice, a journalist and former Marine officer who disappeared in Syria in 2012. Mr. Tice is believed to be held by the Syrian government, which has yet to publicly acknowledge that it has him.
But it is doubtful whether Mr. Trump will get a clear pass on Capitol Hill at striking an alliance with Syria and Russia, even from Republicans. Senator John McCain, Republican of Arizona and chairman of the Senate Armed Services Committee, this week called the bombing campaign by President Vladimir V. Putin of Russia and Mr. Assad “barbaric” and warned against any American attempts at reconciliation with Russia.
Sewell Chan contributed reporting from London; Anne Barnard and Hwaida Saad from Beirut, Lebanon; and Ivan Nechepurenko from Moscow.
A version of this article appears in print on , Section A, Page 1 of the New York edition with the headline: Syria’s Assad Views Trump as Likely Ally. Order Reprints | Today’s Paper | Subscribe
Airstrikes on Aleppo Resume as Russia Begins New Offensive in Syria
Syrian Rebels Brace for a Trump Cutoff, and Look for a Silver Lining
Donald Trump Likely to End Aid for Rebels Fighting Syrian Government
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New York|Mueller’s Office Will Grill Him About Roger Stone. He Will Respond With Comedy.
Mueller’s Office Will Grill Him About Roger Stone. He Will Respond With Comedy.
Randy Credico, the comedian, left, is set to testify Sept. 7 before a grand jury convened by the special counsel, Robert S. Mueller III. He and his lawyer, Martin Stolar, left the Federal Building in Manhattan last week after being interviewed about his testimony.CreditCreditJefferson Siegel
By Danny Hakim
Randy Credico, a comedian and left-wing political activist, has an appointment on Sept. 7. With Robert S. Mueller III. Before a grand jury. Under oath.
And he is planning to do impressions, because that’s what he does.
“It’s like, ask me if I’m going to breathe? Of course I’m going to do impressions,” Mr. Credico, 64, said. “I’m taking the grand jury very seriously but doing impressions is part of the package just to calm my nerves,” he said, adding, “You got to give that grand jury some comic relief.”
Mr. Mueller is interested in Mr. Credico’s odd friendship with Roger J. Stone Jr., the self-proclaimed political dirty trickster, Republican consultant and longtime political adviser to President Trump.
Mr. Credico is seen in New York political circles as a dedicated if madcap activist. But he acknowledges that he also took part over the years in some of Mr. Stone’s acts of political deception.
And Mr. Stone has claimed that Mr. Credico was a conduit to WikiLeaks, telling him when dirt on Hillary Clinton would be released.
Mr. Credico views WikiLeaks’s founder, Julian Assange, who has been holed up at the Ecuadorean embassy in London for six years, as a hero and friend. Mr. Credico has visited Mr. Assange at the embassy three times since the 2016 presidential election, and conducted a phone interview with him for a radio show before the election.
But he said he never had inside information about dirt on Mrs. Clinton, and will tell the grand jury that he never relayed WikiLeaks’s plans to Mr. Stone. What’s more, he and Mr. Stone have bitterly fallen out over the issue.
Not that Mr. Credico hasn’t made light of his purported role. He said he sometimes sarcastically introduced himself as “Randy Credico, the back channel,” at events like the White House Correspondents Dinner.
His testimony is no joke, of course.
Mr. Mueller has already charged more than one person with making false statements. But Mr. Credico, while not formally cooperating with the investigation, said he would share whatever information he has and, toward that end, recently met voluntarily with Mr. Mueller’s investigators in advance of his testimony.
Mr. Credico did political work for Mr. Stone for years, often impersonating famous politicos in robocalls. Despite vast political differences, they aligned on issues like marijuana legalization. Mr. Credico was also involved in Mr. Stone’s attempt in 2010 to establish a pro-marijuana and prostitution political party in New York.
Mr. Credico, dressed as the Greek philosopher Diogenes, during a March 2009 public hearing at the New York State Capitol.CreditNathaniel Brooks for The New York Times
“There’s 16 years I’ve been around Stone,” Mr. Credico said, speaking in interviews and through text messages. “I don’t know what exactly this is focused on. I don’t know if it’s about Assange, if it’s about Stone. I really don’t know.”
Politics in the Trump era has always had a reality show feel, but the Randy Credico chapter of the Mueller inquiry is a high point. Mr. Credico is a political performance artist and sometime protest candidate. He is a man who has a “Tonight Show” appearance on his résumé and also counts himself as a protégé of the activist lawyer William Kunstler.
Mr. Credico campaigned so aggressively against the tough Rockefeller drug laws that The New Yorker once called him “The Man Who Screamed So Loud the Drug Laws Changed.” He has been known to dress as the Greek philosopher Diogenes and prowl the State Capitol building, where he once protested marijuana laws by lighting up a joint.
He also donned cartoonish prison stripes to protest private prisons, leading the state pension fund to tighten its investment restrictions.
“I absolutely give credit to Credico,” Thomas P. DiNapoli, the New York state comptroller, said in an interview. “He’s the one who put it back on the map for me.” He called Mr. Credico “one of those colorful New York characters” but one who was “fighting for change and making the world better.”
Mr. Credico lamented that his association with Mr. Stone might obscure his activism, and called his connection to Mr. Stone “worse than having scurvy.”
Mr. Stone testified to the House Intelligence Committee last year that “a journalist,” whom he later identified as Mr. Credico, told him in 2016 that the WikiLeaks material on Mrs. Clinton “would be released in October.”
“He told me this repeatedly from mid-August and throughout September,” Mr. Stone said in an email, adding that “he is my only source of information regarding WikiLeaks, as limited as it was.”
Mr. Credico adamantly disagreed.
“I couldn’t confirm it,” he said of WikiLeaks’s plans, “because I didn’t know anything.”
Mr. Credico was also subpoenaed last year by the House Intelligence Committee, but asserted Fifth Amendment privileges.
Mr. Credico can often be seen smoking an e-cigarette.CreditJames Estrin/The New York Times
“The Senate is better than the House, but the House is like working a strip joint, as a comedian,” he said, and then specified that it was “like working a strip joint in Orlando, Florida.”
“I used to work strip joints, man,” he added.
Refereeing between Randy Credico and Roger Stone is not easy.
Mr. Credico is a rambling raconteur with a history of drug and alcohol problems — “the whole ’90s I was doing cocaine,” he said. Mr. Stone is a master of disinformation tactics and a frequent presence on Infowars, a website that spins bogus conspiracy theories and peddles questionable dietary supplements.
Their relationship has been turbulent. In 2007, Mr. Stone was forced to resign as a consultant to the New York State Senate Republicans after he was accused of leaving a profane voice mail for the father of then Gov. Eliot Spitzer. Mr. Stone briefly blamed Mr. Credico for the episode. He also once started rumors that Mr. Credico was dead. (Mr. Stone called it “a running joke.”)
Mr. Credico shared a few emails he has received from Mr. Stone this year, many laced with unprintable profanity.
“You are exposed as a liar who wears women’s underwear,” Mr. Stone said in one email, adding in another: “People hate rats and liars — u are both.”
Mr. Stone said it was “impossible to address” the emails “out of context.”
Mr. Stone and Mr. Credico first worked together in 2002, on the unsuccessful independent bid by Tom Golisano, a billionaire businessman, to become the governor of New York. Mr. Credico was drawn by Mr. Golisano’s support for drug sentencing reform.
Mr. Credico did work for Mr. Stone in two campaigns for the Broward County sheriff in Florida.
“He had me doing some dirty tricks I don’t want to get into,” Mr. Credico said. “Both times. Had me doing things that were untoward.”
He was pressed for details. “I was doing robocalls, all right? Inventive robocalls. That’s all I will tell you. You can imagine since I’m an impressionist, I was doing robocalls. Pretending to be politicians endorsing people.”
Some of these were directed at specific communities. He said an impression of Ed Koch was used in recorded calls aimed at Jewish voters, while an Al Sharpton bit targeted African-American voters.
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Mr. Stone said Mr. Credico’s impressions “were always identified as parodies” but Mr. Credico said the disclaimers were “faster than Alvin and the Chipmunks.”
He said he also worked with Mr. Stone on an Ohio gaming referendum, a county commission race in Dade County and he recorded voices for Infowars.
“It’s very difficult to explain to people how I could possibly be associated with someone connected to Roy Cohn. And Nixon and Reagan and Trump and Marcos and Mobutu,” he said, listing Mr. Stone’s mentors and clients. “I guess he had a Rasputin/Svengali kind of spell on me.”
Right now, Mr. Credico is hoping to hold it together after briefly lapsing this year after an MSNBC appearance.
“I got to stay sober until Sept. 7,” Mr. Credico said. “You know what I mean? That’s my day. Because if I start I won’t stop. I don’t want to go in there all wacked out, inarticulate, mumbling and all of that. The last year has been very difficult.”
Mr. Credico said he has been given the O.K. by the special counsel’s team to bring his dog, Bianca, a fluffy 14-pound Coton de Tulear, to the grand jury proceedings, and is considering doing so.
Bianca has accompanied him to media appearances, and is yet another point of contention with Mr. Stone, who once taunted Mr. Credico by threatening to take Bianca; Mr. Stone now says he was only concerned about the dog’s health.
Mr. Credico called Bianca a therapy dog. “If I have her with me, I definitely can’t take her to a bar,” he said, adding, “She’ll protect me from my demons.”
He was on his game during a 90-minute interview, running through impressions of Jackie Mason, George W. Bush, Mr. Sharpton, Mr. Koch, Strom Thurmond and Ronald Reagan. His Giuliani, in which he retracts his head, froglike, into hunched shoulders, is particularly adept.
If nothing else, the grand jury will not be in for the usual fare.
“I can’t even begin to imagine,” Mr. DiNapoli, the state comptroller, said. “One would wish there would be livestreaming of that.”
Mr. Credico’s lawyer, Martin Stolar, said, “It’s a serious investigation and Randy is obligated to tell the truth, and that’s what he’s going to do.”
But he conceded impressions were not off the table.
“You know Randy,” he said. “He’s not entirely controllable.”
William K. Rashbaum contributed reporting from New York.
Danny Hakim can be reached at hakim@nytimes.com or on twitter @dannyhakim.
A version of this article appears in print on , Section A, Page 19 of the New York edition with the headline: Mueller’s Team Will Question Him Under Oath. Who Will Respond?. Order Reprints | Today’s Paper | Subscribe
A Lifelong Political Scrapper, Roger Stone Is Fighting for His Own Legal Future
Roger Stone Says He Had Little Contact With Manafort Deputy
Comedian Is Subpoenaed in Inquiry on Russia Meddling
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Lucien Botovasoa, Franciscan Tertiary: Blessed
Published in Other news items
On May 2, 2017, the ordinary session of the Cardinals and Bishops of the Congregation for the Causes of Saints recognized the martyrdom of Lucien Botovasoa (1908-1947), layman, father, and schoolteacher, who, with evangelical serenity, after having reassured his wife and children and while praying for his persecutors, fulfilled his conformity to Christ even to the shedding of his blood.
On May 4, 2017, Pope Francis signed the decree that acknowledges his martyrdom, opening the path to his beatification, which could be celebrated this November 2017 in Madagascar.
Lucien Botovasoa was born in 1908 in Vohipeno, a rural town in the southeast of Madagascar, the province of Fianarantsoa.
In 1918 he began studies in the state school and then proceeded to the Jesuit College of St. Joseph in Ambozontany. In 1928 he concluded the studies and was awarded the teaching diploma and in the same year became a parish teacher in Vohipeno, making his own the motto of the Society of Jesus: Ad maiorem Dei gloriam.
On October 10, 1930 he married Suzanna Soazana in the parish church of Vohipeno and on the following September 12 was born Vincent de Paul Hermann, the first of their eight children, of which only five survived. The Servant of God was an excellent educator, working not only as the village teacher but also in the parish, with generous availability to the needy. In addition to Malagasy, he knew French, Latin, German, and Chinese. He was an exceptional musician and appreciated as a singer, becoming also the director of the parish choir. He was also an athlete, and is described as always smiling and joyful.
In 1940 the Servant of God stumbled upon the Rule of the Franciscan Third Order and it became for him a text for study and meditation. He decided to take up himself this following of Christ, with investiture in the habit of the Franciscan Third Order on December 18, 1944. He thus began to live a poor life of Franciscan spirituality, characterized by a deep piety and by the burning desire to bring the gospel everywhere.
After the Second World War, in the years 1946-1947, there grew in Madagascar the desire for independence from France. In 1946, as supporter of independence, Tsimihoño, from the Clan of Ambohimanarivo, became king (Mpanjaka). At Vohipeno there were also violent clashes between the two factions. On March 30, 1947, Palm Sunday, the parish church was burned and so began the king’s hunt for the ‘Christian teacher,’ Lucien Botovasoa, who was respected by both the Catholics and others in Vohipeno. Lucien was commanded to appear, or his family would be massacred.
The Servant of God, realizing what was happening, entrusted his wife and children to his brother and returned to Vohipeno. Around nine o’clock in the evening of April 17, 1947, his brother André and two cousins, under threat of death, were charged with arresting Lucien. Brought to the house of the king Tsimihoño, he was condemned to death without any trial. Arriving at the place of execution he knelt and was beheaded while he was praying for his murderers. His body was thrown in the river.
More in this category: « A new Blessed for the Order July 3: Capuchin Family Day »
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Real Haunts in Ohio- Paranormal OH
Did you know Ohio is home to dozens of REAL Haunted Places? From haunted roadways and buildings where the dearly departed still lurk among us, to burial grounds and sacred places that are haunted by spirits who seemingly want to stay in this world, Ohio has some truly eerie landmarks and historical sites that are hot spots for paranormal activity. Ohio's Real Haunts are home to ghosts and spirits year-round - they're not your average Halloween Haunt. Find out all about Ohio's Haunted History, and learn all about haunted places across the state that are plagued with REAL ghosts, ghouls, apparitions, and things that go bump in the night!
Filter: Show All Categories Real Haunted HousesReal Haunted Hotels & LodgingReal Haunted CemeteriesReal Haunted Bridges & OverpassesReal Haunted PlacesReal Haunted Army Posts / Battle GroundsReal Haunted CollegesReal Haunted TheatersReal Haunted MuseumsReal Haunted Restaurants & BarsReal Haunted Nature & Outdoors (ie. Haunted Woods)
Lake County History Center Painsville, OH
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"This building was The Poor House for many years and in the 1800s up until the 1970s, it was the location where the abandoned and insane saw their last days. Men and women were both housed here but in different quarters. Footsteps have been heard on the main floor at night and people have heard shuffling through empty hallways. Disembodied voices have also been reported and captured... Read More
Categories: Real Haunted Places
Sedamsville Rectory Cincinnati, OH
Workers that have helped renovate the building have reported eerie shadows and mists under the doors of the empty rooms. Some believe that one of the ghosts that live at the location is that of Father Donald MacLeod, who wrote “The History of Roman Catholicism in North America.” Locals say he was hit and killed by a train nearby and that they have witnessed his ghost walking near the... Read More
Banana Leaf Modern Thai Mason, OH
This location is believed to be haunted by the spirit of a woman who was killed here over a century ago. She has been seen in the dining room on the upper floor. Read More
Categories: Real Haunted Restaurants & Bars
Oliver House Toledo, OH
The Oliver House is a historic landmark that is most known for the rumor of a presidential visit many years ago. The building now houses a few different pubs and a bunch of ghost stories. The building was allegedly built over an ancient burial ground and in the upstairs pool room is where the most seen ghost resides. Visitors have reported seeing "The Captain," a spirit of a man dressed... Read More
Categories: Real Haunted Houses
Warehouse on the Canal Canal Fulton, OH
"This building dates back to 1906 when it was the old Finnerock Furniture building. It now houses an arcade of small shops and restaurants. Many ghost sightings have been reported here, including a ton of apparitions in period clothing that like to wander around the buidling. A ghostly little girl has appeared near the old elevator shaft, and a small, shadowy apparition has been seen in... Read More
Categories: Real Haunted Nature & Outdoors (ie. Haunted Woods)
Zoar Historic Hotel Zoar, OH
The Zoar Historic Hotel has been acquired by the state historical society and is rumored to be quite haunted, which has been claimed by both guests and employees. It is supposedly one of the most haunted buildings in the town. The first ghost that is commonly seen at the location is that of a builder and former owner Alexander Dunn, who appears mostly in the observatory room which used... Read More
Categories: Real Haunted Hotels & Lodging
Taft Museum of Art Cincinnati, OH
Martin Baum built this museum back in 1820 and it is rumored to be the home to several spirits. The most famous one being Annie, the wife of Charles Phelps Taft, half brother of President William Howard Taft. The building was donated to the city by them in 1932. Annie apparently wears a long pink gown and ghosts are said to linger at night, calling people's names, tapping them on the... Read More
Categories: Real Haunted Museums
Greater Columbus Antiques Mall Columbus, OH
"This antiques mall was once a funeral home, which is why it is believed to be haunted by a ton of spirits. A tall man dressed in a brown suit was the first to be seen in the building. He has been seen walking around, and in some cases through the antique displays. A lady in yellow gown has also been seen pacing the upper levels while crying. When she is approached, she suddenly... Read More
Ohio University Athens, OH
Claimed by some to be one of the most haunted places in the world, this university is believed to be haunted by spirits from the former Athens Lunatic Asylum. After opening in 1874, the asylum quickly became overcrowded, and rumors swirled around the treatment of the patients within. In December 1978, patient Margaret Schilling went missing, and a month later her body was found by a... Read More
Categories: Real Haunted Places | Real Haunted Colleges
Mount Olive Cemetery Solon, OH
Mary Jane is the name of the ghost who lingers on the grounds of this cemetery. One story says she was burned at the stake in the 1800s after she was accused of witchcraft. Another says she was a Native-American medicine woman and some people thought her profession was a little to close to witchcraft, so they harrassed her. Mary Jane allegedly put a curse on the land and reports say... Read More
Categories: Real Haunted Cemeteries
Prospect Place Trinway, OH
The 29-room mansion built in 1856 by abolitionist G.W. Adams is said to have been a stop on the Underground Railroad. The house is said to be haunted by ghosts from its past, and has been featured on TV shows such as Ghost Hunters and Ghost Adventures. The mansion is also the site of many deaths from that time period and is available to rent to ghost hunters. This pre-Civil War... Read More
Categories: Real Haunted Houses | Real Haunted Hotels & Lodging | Real Haunted Army Posts / Battle Grounds
Park Hotel Put-In-Bay, OH
Guests of this hotel have reported seeing spirits in period clothing and eerie ghostly ballroom music when there is no one around. Read More
Cincinnati Music Hall Cincinnati, OH
Built atop the Pest House, a local nickname for the Commerce Lunatic Hospital, which also featured a potter's field for the hundreds who died within, each time construction is done at the music hall, more bones are unearthed. Those laid to rest on the land were never moved to a permanent, and more peaceful location, and it is believed these spirits now haunt the music hall. Bones from... Read More
Categories: Real Haunted Places | Real Haunted Theaters
Candlewood Suites North Olmsted, OH
The body of a woman was allegedly found during the clean up for the building of this hotel. She had shot herself in the head, killing herself. Her spirit has been seen as a shadowy form and she is also known to turn the lights on and off, while causing a cool breeze in the hallways. Read More
Hemphill Road Roundhead, OH
Every resident of Robert Hemp's home is said to have seen unexplained images of a man in a top hat, or unexpected chills throughout the house. Hemp is rumored to have been buried below the porch. Read More
Twin City Opera House McConnelsville, OH
Witnesses have reporting seeing up to 14 different apparitions at the opera house, as well as several thousand EVPs and a reappearing black mass. Since 2007, there have been many paranormal investigations at the opera house. With EVP evidence, some investigators claim to have a conversation between a young girl, Elizabeth, who died in the opera house from a fever, and her mother,... Read More
Categories: Real Haunted Theaters
Capital University Columbus, OH
The basement of this university is rumored to be haunted and people down there have reported feeling unexplained sadness and trouble breathing. The lights have turned on by themselves as well. The spirit of an elderly man has been seen in a white lab coat. He carries a beaker and an apothecary bottle and has been seen putting away the science equipment after the students are done using... Read More
Categories: Real Haunted Colleges
Warren City Hall Warren, OH
This mansion dates back to 1871 and was turned into a town hall sometime later. The location is believed to be haunted by a woman responsible for the death of her beloved nephew, who has been lingering the mansion after hours calling his name. The nighttime employees have reported seeing shadowy apparitions late at night, along with other eerie occurrences. Read More
Roundtown Players Circleville, OH
This building was built in the 1890s as a memorial for Civil War soldiers and has been the location of a public library, an armory, and now the Round Town Players. A Civil War soldier's ghostly spirit has been seen reflected in the mirrors at Memorial Hall. Read More
Agora Theatre and Ballroom Cleveland, OH
The Agora Theatre and Ballroom has seen the performances of Elvis and The Beatles and is also home to some spirits. Apparitions have been seen, mostly one of a man in a yellow raincoat. A psychic once did an investigation and said the spirits name was John. Read More
Dix - Fayerweather House Maumee, OH
Aunt Phoebe is the spirit that is said to haunt this home, she is the sister of the builder, William Dix. Aunt Phoebe has been known to give anyone who scoffs at her a coffee shower or she will slam a door nearby. Chandelier crystals and a coat have gone missing, and a spirit has appeared in a wedding photo that was taken on site. Read More
Franklin Castle Cleveland, OH
Purported to be the most haunted site in Ohio, Franklin Castle was the scene for a series of tragedies experienced by the Tiedemann family who lived in the house until 1895. Built by Hans Tiederman in the mid-1800's, the 21-room mansion also features numerous hidden passages. The house was also used as a club house for a Nazi organization, and a site for bootlegging during Prohibition.... Read More
Akron Civic Theatre Akron, OH
Fred the Janitor is one of the ghosts who reside in this theater. He died during his shift and now lingers the building. He allegedly gets angry at people who mess up the bathrooms. A well-dressed man has also been seen sitting up in the balcony from time to time. The third spirit that has been seen is that of a girl who walks along the old canal behind the theater. The story told is... Read More
Regal Vineyards and Mansion Madison, OH
This historic mansion and vineyard was originally built by immigrants but was left abandoned after a family tragedy. After, the employees began to report a vortex in the building, along with cold spots. A drama student who was leaving class once reported seeing a pale face staring at him from inside the building. The same occurrence has been reported by many ever since. Read More
Categories: Real Haunted Places | Real Haunted Museums
Rankin House Ripley, OH
Spirits of slaves are reported to appear on a ladder near the house on moonless nights. Abolitionist Reverend John Rankin once owned the home and he allegedly installed a bright light in his attic window to symbolize runaway slaves that it was safe to seek shelter here. Read More
Bissman Building Mansfield, OH
This building was once the location of a grocery warehouse that was built in 1886. It is believed to be extremely haunted and is the site of ghosts tours and hunts. Many spirits have been seen here, including that of a man in a top hat and long coat, and a little girl. Strange occurrences that have happened here include footsteps being heard from empty floors above, cold spots, touching,... Read More
Wildermuth Mansion Pomeroy, OH
Reports of several animals have been seen in the house as well as seeing Mothman flying over the house - twice! The house is in the process of being added to the National Register of Historic Places. Read More
Colonel Taylor Inn Bed and Breakfast Cambridge, OH
Locals say that this mansion is haunted by Colonel Taylor and his lady. Guests have seen their spirits on the stairways and they may even shake the beds from time to time. The spirits are said to be friendly and apparently watch over those that stay at the inn. Read More
Old Licking County Jail Newark, OH
The gothic architechure adds to the ghoulish appeal of this 130-year-old jail where 14 people are known to have died, six by suicide. The haunted history of the jail is marked by the murder of Carl Etherington, a dry-agent who was being held in the jail for his own safety from a lynch mob. The crowd broke down on the the gates, and stormed the jail. Etherington was beaten to death by a... Read More
Sorg Opera House Middletown, OH
Former residents haunt the halls of the Sorg Opera House. A female apparition in a red dress has been seen on numerous ocassions, but disappears when approached. Some have reportedly heard her singing in the opera house. Others report seeing the ghost of a former bartender, and shadowy figures ascending and descending the staircase leading to the former dressing rooms; perhaps these are... Read More
The Big Green Castle Harrison, OH
Reports of figures in period clothing have been seen looking out the windows and lights have been reported moving around the house. The house is now a private residence. Read More
Ohio State Reformatory Mansfield, OH
This defunct state prison in Mansfield closed its door in 1990, but that hasn't stopped the sounds of doors slamming and people shrieking. The haunted space is now open for guided tours. Some of the most haunted locations within the prison are the east wing first floor bathroom, and third floor of the administration building where showdy figures have been seen on multiple occasions. The... Read More
Dixie Lee Restaurant Cridersville, OH
This restaurant is haunted by a ghost who employees named Hector. Hector's spirit has been seen inside the restaurant and is known to make a lot of noise. Read More
St. Clair Memorial Hall Greenville, OH
This building dates back to 1910 and is the home to an old man ghost who likes to wander around inside. The hall is where musicals and plays are performed and it is rumored to be haunted by a man who fell and died while trying to change a light bulb. Read More
Fostoria Area Historical Society and Museum Fostoria, OH
Paranormal investigations have taken place at this location and reports said they have seen shadows inside the building and ahve heard a little girl talking or laughing. In the main exhibit room, a light comes on by itself and the only way to turn it on is to pull a cord. Whistles have also been heard near a Civil War exhibit. Read More
Clay Haus Somerset, OH
Witnesses at this restaurant have reported seeing apparations, hearing footsteps and knocks and have felt strange presences. Read More
The Corner House Coshocton, OH
The Corner House is an abandoned home that sits at the intersection of two major roads. It is believed to be haunted by the spirit of a woman in black. Her husband allegedly killed her in the house years ago and people that drive past have reported hearing her screams along with the smells of burning flesh. Read More
Denison University Library Granville, OH
A shadowy woman in an old-fashioned dress is rumored to haunt the 7th floor of this library. Visitors who fall asleep here, especially men, are woken up by her hitting them on the back of the head. Another location on campus that has been rumored to be haunted is the Chamberlin Lodge, which used to be a frat house. Reports here include doors that open on their own, invisible hands... Read More
Austintown Log House Canfield, OH
This cabin dates back to the late 1700s and was built by the township's founder, John Austin. In 1975, the site became a Historical Landmark and it is rumored to be haunted. The spirit of a headless soldier has been seen here in the historic log cabin. He appears in different rooms of the house and those passing by have reported seeing him in one of the windows upstairs. Read More
Thurber House Columbus, OH
This literary center and museum is said to be haunted by James Thurber, and author and cartoonist. Witness report books flying from their shelves and the sounds of footsteps on the back staircase. Thurber himself experienced hauntings within the home, which was built on a portion of the grounds of a former state psychiatric hospital that burned down. Thurber recorded his sightings in... Read More
Categories: Real Haunted Houses | Real Haunted Museums
James A. Garfield National Historical Site Mentor, OH
This location was once the home of President James A. Garfield and is rumored to be haunted by his wife, Lucretia. Security staff have reported hearing her walking upstairs at night and she has been known to turns the lights on after the guards have turned them off. She also apparently cleans up each night when work from renovations left the place a mess. Read More
Red Brick Tavern London, OH
This building dates back to 1836 and has operated as an inn and tavern, a school and a private residence. It is now a restaurant and is rumored to have a female spirit that wanders around the upper floors, creating creaking footsteps and appearing in the windows upstairs. Legend says the woman was a former resident who killed herself after finding out her beloved had forsaken her. The... Read More
Old Stone House Bed and Breakfast Marblehead, OH
This old stone house dates back to the early 1800s. Today, guests report TVs turning on and off inexplicably while toilets flush by themselves. It is rumored that an 11-year-old girl died when she fell out of an upstairs window. Read More
Bowling Green State University Bowling Green, OH
This university is reportedly haunted by the ghost of Alice, an actress who likes to linger around Brown and Saint Theaters, and Amanda, who wanders around the Chi Omega Sorority House. Amanda was accidentally killed during an initiation and is a poltergeist. For quite some time, the sorority group's annual group photo included a blank spot with "Amanda" in the caption. Read More
Fort Piqua Hotel Piqua, OH
This historic hotel was built in 1891 and was once a library before it stood empty for years. It is rumored to be haunted by a handyman who died after falling into a barrel of cleaning acid back in 1910. His spirit has been seen here working on things or shoveling coal in the basement. Heavy objects have also been heard moving on empty floors along with music coming from the old dining... Read More
The Cobbler Shop Bed and Breakfast Dover, OH
This inn was built in the 1800s and was once a cobbler shop. Reports of knocking on doors when no one is around have been heard, and disembodied footsteps in the hallway. Those who have witnessed the ghost here say he wears a long dark coat. Read More
Old Hercules Engine Factory Canton, OH
This historic building sits abandoned and is believed to be haunted by several terrifying spirits. In the section of the building that was previously an army training unit, an aggressive entity pushes visitors around, and has been known to swear or threaten those present during visits. Factory appliances move around by themselves, and cold spots have been reported. Smoky apparitions... Read More
Fallen Timbers Battlefield Maumee, OH
Ghostly soldiers are rumored to re-enact the 1794 Battle of Fallen Timbers on August 20th, the anniversary of the last battle of the Northwest Indian War. Investigators call this type of haunting a "Residual Haunting," meaning that the spirits do not interact with the living at all. Many say it is as if you have gone back in time and can see the battle for yourself with your own eyes. Read More
Categories: Real Haunted Army Posts / Battle Grounds
Columbian House Hotel Waterville, OH
"This historic hotel was built in 1828 and was once a trading post and tavern with limited overnight accommodation. The building also served as a prison and a town ballroom throughout the century. The odd history of the location began in the 1840s after a farmer vanished from his room at the hotel in the middle of the night. A local man confessed to the murder years later, but never... Read More
Maud Hughes Road West Chester, OH
Nicknamed the "Screaming bridge" by locals, drivers who pass over the bridge on Old Maud Hughes Road report hearing the screams of a girl who is believed to have killed herself by jumping from her boyfriend's car shortly after the two had a fight. Read More
Categories: Real Haunted Bridges & Overpasses | Real Haunted Places
Big Four Train Depot Galion, OH
This building is known to be one of the towns most haunted locations and has seen a number of tragedies and notable events. Two spirits commonly appear here, one being that of a silent man wearing a trench coat and the other one is a demonic entity. Most of the eerie occurrences happen in the coffin room on the second floor, while others have reported the building shaking from a passing... Read More
Egypt Road Bridge Salem, OH
This bridge is now closed and is reportedly haunted day and night by a crying baby. It has been said that the baby when missing when its parents were fighting, and it fell over the side of the bridge. The sound of its screaming mother can also be heard in the area, along with the babies cries. In 2010, the bridge was in the news after an elderly woman was found strangled and burned to... Read More
Categories: Real Haunted Bridges & Overpasses
Crosskeys Tavern Chillicothe, OH
This Irish tavern dates back to 1972 and is believed to be haunted by a playful ghost named Harold. He enjoys turning the lights on and off, moving objects, breaking glasses, and making whispering and footstep sounds in the basement. People believe Harold may be the ghost of a man who was killed behind the building or that he is somehow connected to a series of old underground tunnels... Read More
Hammel House Inn Waynesville, OH
The Hammel House Inn has been proclaimed one of the most haunted buildings in town. The rumored to be most haunted room at the inn is Room #004. The shadowy spirit of a young merchant who was killed in the inn has been seen here, as well as in the dining room. A ghostly black cat has also been seen in the hallways, as well as various other spirits in period clothing. Disembodied... Read More
Wright-Patterson Air Force Base Wright Patterson, OH
This Air Force Base is believed to be haunted by spirits, unexplained sounds, laughing, moving objects, mysterious shadows and footsteps. The location has been featured on an episode of TV's Ghost Hunters. Read More
Glamorgan Castle Alliance, OH
This castle dates back to 1905 and is rumored to be haunted by its former owner, Colonel Morgan of Morgan Engineering Company fame. He died in 1928. Guided tours are vailable throughout the year for those who are interested in taking a look around. Read More
Elevator Brewery and Draught Haus Columbus, OH
Patrons of the tavern have sighted the ghost of a colonel murdered by a woman he loved. His apparition appears most frequently as a ball of light, and footsteps appear in the snow outside the tavern, even when no one is around. The factory was used as a morgue during a widespread influenza outbreak, and hundreds of bodies were kept there on backlog as cemeteries rushed to dig graves and... Read More
Old Governor's Mansion Columbus, OH
This historic site is said to be haunted by an African American woman in a blue dress who is believed to have died in a fire in the mansion. Staff at the site have reported paintings rearranged after hours. Investigators say that the apparition of a female in turn-of-the-century clothing for a housekeeper has been seen multiple times in the mansion. The unmistakable smell of burning... Read More
Hell's Corners Hubbard, OH
Hell's Corners is located at the area where Pathour Wheeler Road and John White Road intersect. The story says that a young Native-American boy was shot here many years ago. A jail once stood here as well and was the location of many hangings. The site is known to cause a number of fatal car accidents at the intersection. Read More
Chagrin Valley Athletic Club Chagrin Falls, OH
This athletic club was once a schoolhouse and during its history, a mean schoolmistress punished a girl so badly, that she died. This led to the schools closing and the basis of the haunting that takes place today. People have reported hearing the cracking of a whip in the quiet library area, along with cries of a young child. Read More
The Linck Inn Maumee, OH
This building dates back to 1836 and has operated as a general store and a hotel. The hotel is no longer in business but it is believed to have as many as three ghost that linger there. The first is that of a woman prostitute who allegedly hanged herself in one of the rooms upstairs when the hotel was a bordello. Both employees and visitors have reported seeing a woman hanging by a... Read More
Cincinnati Union Terminal and Museum Center Cincinnati, OH
This location is reported to have a ghost that haunts the building at night and he is believed to be a former security guard who was killed here. He rattles the door knobs and checks the locks on the doors. A ghost pilot haunts the World War I Plane Exhibit and people have reported seeing him in the plane's cockpit, messing around with the instruments before disappearing. Both joyous... Read More
Snow Hill Country Club New Vienna, OH
This country club was built in the 1820s as the home of the Harris Family and later on became a country club and golf course in 1924. "Dinner and a Ghost"events have taken place at the location, introducing visitors to the hauntings that take place here. Some include electrial issues, odd smells and sounds, and apparitions. Read More
Harrison House Bed and Breakfast Columbus, OH
The house here was originally built in 1890, and when it became a bed-and-breakfast inn in the 1990's, the owners found that they were not alone! Spirits are said to haunt the second and third floors, and can also be found near the front door and first-floor closet. Ghosts said to reside here are a 12- or 13-year old boy named Moby, a man called Cedric (who smokes cigarettes), a man... Read More
Patterson Tower Kettering, OH
The origin of the tower remains a mystery, but the foreboding appearance of the tower has invited many over the past several decades to try to catch a glimpse of two glowing, shadowy apparitions. Some visitors have been frightened away from a black mist that often surrounds the tower. The tower is also known as Frankenstein's castle and Witch's Tower by Ohio locals. Read More
Comfort Inn Marietta Marietta, OH
The hauntings at this inn include doors that open on their own, curtain being closed by unseen hands, and TVs that turn off by themselves. Some have also reported feeling the touch of an unseen presence on their shoulders. Read More
Spring Grove Cemetery Cincinnati, OH
This cemetery is rumored to have a haunted bust on a gravestone that sits in Lot 100. It has been said that it turns its head and watches those who walk by. Read More
Fulton County Historical Museum Wauseon, OH
"This museum was once a schoolhouse and hospital, and employees believe the location is haunted. Built in the mid-19th century, the building has seen its fair share of history and ghost stories. The first spirit seen here was that of young boy who had been seen staring down into the street from the upper floor. The boy has been known to play with visitors children and has appeared... Read More
Rogue's Hollow Bridge Doylestown, OH
"This bridge has a couple of different legends surrounding it. One reports that a woman threw her unwanted newborn baby over the bridge, and now the phantom scene replays here along with the sounds of a babies cries. A similar story has been told of a woman who became pregnant by a married man, and the people in the town accused her of seducing him by witchcraft and threatened to... Read More
Baldwin-Wallace College Berea, OH
This college's Kohler Hall was built in the 1870s as a Methodist Children's Home and is rumored to have a spirit that resides there, manifesting as a blue haze. While students are in bed, it has been reported that something presses down on them and removes their blankets. Lang Hall is also reportedly haunted by namesake Emma Lang, whose spirit wanders the halls, rattling her keys. Her... Read More
Chestnut Grove Cemetery Ashtabula, OH
This cemetery was once on a burial ground and since its establishment in 1819, has seen the burial of over 18,000 people. 25 of them were victims of a local train crash in 1876. The accident killed between 80 and 92 people, while injuring 64 others. The bridge's engineer, Charles Collins, is rumored to have killed himself in January 1877. The cemetery has his grave and a 70-foot... Read More
Rider's Inn Painesville, OH
This inn is rumored to be haunted by Civil War soldier who is known to stand near the windows and wave. The ghost of Suzanne, a former innkeeper's wife has also been reported. She is said to have come to the door in her nightgown to let guests inside while the owners weren't home. Read More
This castle dates back to the 1800s and was built by wealthy German immigrant, Hans Tiedemann. It has then since been a clubhouse for a German singing society, headquarters for a German Socialist organizations, a doctor's office, apartments, and a hideout for bootleggers. A pile of baby skeletons was allegedly found in the house and the doctor was blamed for it. Witnesses say they... Read More
Spring House Gazebo Cincinnati, OH
An infamous bootlegger's wife, who was shot and killed in the Eden Park gazebo in 1927, has been seen by a handful of witnesses wearing a black dress. The bootlegger was later acquitted despite motive and substaintial evidence. Read More
Categories: Real Haunted Places | Real Haunted Nature & Outdoors (ie. Haunted Woods)
Pauni Apartments Cortland, OH
The Pauni Apartments were built atop an ancient burial ground and residents have reported eerie happenings in the building ever since. Objects have moved on their own, doors open and close by themselves, and the spirit of a man in a sombrero has been seen. Reports of an evil presence has been felt as well, along with cold spots. Read More
House of Wills Cleveland, OH
House of Wills is rumored to be one of the most haunted sites in the city of Cleveland. A white apparation has been seen staring down into the street from one of the windows on the second floor. Visitors and paranormal investigators claimed seeing shadowy figures that moved quietly from room to room before they disappeared. A spectral man in a suit was also seen in the casket room, and... Read More
Hull-Wolcott House Maumee, OH
This home dates back to 1836 and now houses a museum complex. It is believed to be the home to some friendly ghosts who enjoy moving objects around and opening doors. People have also reported hearing unexplained footsteps and whispers. Read More
Sullivan-Johnson Museum - Hardin County Historical Museum Kenton, OH
This museum is owned by the Hardin County Historical Museums and dates back to 1896 when it was a private home. It is rumored to be haunted by former resident Mrs. Sullivan who has been seen by witnesses on ghost tours. People have heard footsteps or smelled her perfume in the area. Read More
Millersburg Hotel Millersburg, OH
The first common report of a spirit at this hotel is that of a thieving entity, who has been known to take guests' valuables in the middle of the night, or moves them around the room. The spirit of a well-dressed elderly man has also been seen walking around the hotel lobby into the bistro before disappearing. This incident was reported by both visitors and employees. There have also... Read More
Bonnyconnellan Castle Sidney, OH
This castle is haunted by the spirit of a regal man who has been seen on the landing, looking at a display, dressed in a blue military uniform. Read More
Renaissance Hotel Cleveland, OH
This hotel has seen most of its haunting on the fourth floor, where lights reportedly turn on and off on their own and faucets switch on and off by themselves. The hotel was allegedly built on the site of many historic city landmarks. Read More
This opera house has reportedly been haunted since the 1960s, when a janitor ran out of the building and never returning. The spirit of a 10-year-old girl named Elizabeth has been seen looking down from the catwalk and laughing. Another spirit who has made himself known is that of Everett Miller, an employee who worked at the location for 30 years. A man named John Leezer was stabbed... Read More
Kings Island Amusement Park Mason, OH
"Kings Island Amusement Park opened its doors in 1972 and is rumored to have the Dog Street Cemetery on its premises. Most witnesses believe the hauntings come from those who accidently died at the amusement park, like the 1976 occurrence where a Lion Country Safari Ranger was killed by a lion or Black Sunday in 1992, when a man, his friend and a security guard were electrocuted in a... Read More
Loyal Oak Tavern Summit, OH
This building was built in the 1840s and was once a cabinet shop. Locals have reported seeing the spirit of a former bartender, who hanged himself in the bar and was buried in the cemetery at the church next door. He has appeared in the restaurant after hours and is known to throw pans and touch people, while creating cold spots and moving objects around. People say he is a friendly... Read More
Collingwood Arts Centre Toledo, OH
This mansion was once a concent, and is now dorms for resident artists and art students. A frightening entity dressed in black robes is said to reside in the basement of the building and it wanders throughout every day before disappearing in the same part of the building. The entity has also been seen behind people on the basement stairs. A flying white apparition has also been reported... Read More
Guggenheim Air Institute Akron, OH
This abandoned building is reportedly haunted and witnesses have seen ghostly lights moving around the upper levels and have heard eerie sound when no one is around. Read More
Baird House Inn Ripley, OH
This inn is no longer in operation and is now a private residence. Built in 1825, it was once a popular stopover for travellers on the river and it has quite a colorful history. Employees and visitors of the former inn have both reported hearing a woman singing and feeling a strange presence on the lower floor. Doors are also known to open and close on their own on the second floor and... Read More
Commodore Perry Building Toledo, OH
On the upper floors of this building, there is a labyrinth of old studios and a restaurant that isn't used. A piano that sits in the bar area is rumored to play all on its own and the spirit of a little girl wearing a white dress can be seen walking around the upper floors before disappearing. Read More
Edmund Gleason Farmhouse Valley View, OH
This historic property is believed to have a ton of ghostly spirits that like to linger. People passing by have reported seeing the figure of a spectral woman standing near the windows and have also witnessed eerie lights moving from room to room downstairs. Read More
Historic Stoner House Westerville, OH
This building dates back to 1852 when it was built by George Stoner as an inn and tavern. It was also the location of a station on the Underground Railroad. Runways would hide in the basement in a "hidden" room until they could make their up to the handy house or the Sharp house. Several witnesses have reported seeing a shadowy figure that came in the back door on the second floor... Read More
Punderson Manor Newbury Township, OH
The owner of this manor supposedly committed suicide by drifting out into the lake in a bathrub. When he reached the middle, he apparently pulled the plug and drowned. This is the claim that has been told, although no one is quite sure why he would of chosen this method. In the late 1970s, the ghost of a man who appeared to be a lumberjack, was seen in the dining room for a period of... Read More
Woodland Cemetery Ironton, OH
Known as the City of the Dead, the cemetery is haunted by the ghost of a ballerina, Antionette Peters, dancing outside the mausolem where she has been laid to rest. The ghost of nortious doctor, Joseph Lowry, who died in 1933 under suspicious circumstances, has been seen walking in the cemetery with his mother who is also buried there. Read More
Sinclair Community College Dayton, OH
The cafeteria at this college is said to lay on the site of the old city gallows, but a number of other locations at the place are rumored to have spirits as well. At Blair Hall, something has tugged at witnesses, who have also heard phantom cats, footsteps and babies. The elevators have been known to work on their own, doors slam by themselves and the lights go out for no reason. Mr.... Read More
J.C. Thompson Building East Liverpool, OH
This building dates back to 1892 and is believed to have once operated as a speakeasy and a brothel. It was restored after being purchased by new owners in July 2014, and a ton of paranormal activity has been recorded here in the basement and other spots in the building. It is believed that the location is home to multiple ghosts. Read More
The Buxton Inn Granville, OH
Visit this inn and you may meet the ghost of Orrin Granger, the pioneer who built it in 1812. Or you may spot Major Horton Buxton, after whom the inn was named. Major Buxton operated the inn during the late 1800s. Former innkeeper Bonnie Bounell is also said to have stayed on in the afterlife, and appears in Room 9 as a lady in blue. A ghost cat is also here, some say, and on a more... Read More
Kline Opera House Cortland, OH
This location was once the town church and was built in the mid-19th century and the first in the surrounding county. The eerie occurrences started happening here in the 1980's when employees were closing up the place and heard loud crashing noises and disembodied footsteps in the empty building. The site is also believed to be haunted by its former owner who is known to talk to theatre... Read More
James A. Garfield House Mentor, OH
This National Landmark is said to be haunted by Lucretia Garfield, the wife of former President James A.Garfield, who turns on lights and sometimes cleans up after work crews. Read More
Kingsville Public Library Kingsville, OH
Reports say that in the older section of this library, the spirit of a man in a tall black hat lingers the stacks. Eerie sound and events have taken place here and many believe the building is haunted by several ghosts. Read More
Victoria Theatre Dayton, OH
This theater opened its doors in 1866 and has operated as the Turner Opera House, Grand Opera House, Victoria Opera House and Victoria Theatre. The ghost that reportedly haunts the location is that of a 1920s actress who disappeared from her locked dressing room after a performance. Her spirit and scent of rose perfume have been reported, along with strange sounds and electrical issues. Read More
West Toledo Branch Library Toledo, OH
This library opened its doors in 1930 and is rumored to be haunted by a man from around 1940. His spirit has been seen and eerie noises and bumping sounds have been heard coming from the area near the west wall fireplace. Read More
Cincinnati Art Museum Cincinnati, OH
This Art Museum is home to various paranormal occurrences. The first being that of an apparition who was seven feet tall, misty black figure with no face. Security has witnessed the spirit standing behind them in doorways, watching them. Another ghost that wanders has a glowing face and wakes guards that sleep during the night shift, apparently wanting them to wake up and make sure the... Read More
A Georgian Manner Bed and Breakfast Logan, OH
Many guests of this historic inn have reported seeing the apparition of a man believed to be John Engle, who died in 1898. Authorities prosecuted Engle's wife, who they accused of poisoning her husband, but she was later acquitted. Read More
Lafayette Hotel Marietta, OH
The strange happenings that occurred at this hotel include footsteps and voices heard in empty hallways and rooms, appliances turning off and on by themselves, doors opening and closing on their own and luggage and furniture being moved around the rooms. Guests and employees of the hotel have both seen misty apparitions in the corridors, along with a ghostly maid wearing a black dress... Read More
Eden Park Cincinnati, OH
This home is believed to be haunted by Imogene Remus, wife of the notorious bootlegger, George Remus who both once owned the residence. George went to prison in the mid-1920s and Imogene sold all the furnishing in their home and many of his distilleries, pretty much closing his businesses, and filed for divorce. In October, 1927, the two were on their way to divorce court when George... Read More
Know of a Real Haunt that we don't already have listed? Please Let Us know
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One man and his boat
New Village Hall Timeline
Reports/Plans & Minutes
Interactive Maps and Live Cameras
Oldhamstocks Village - Copyright 2019
Home Blog The Village Regular Events History Picture Gallery One man and his boat New Village Hall Timeline Reports/Plans & Minutes Wind Farms Interactive Maps and Live Cameras Links
Oldhamstocks is a small village in East Lothian, consisting of around 200 people residing in the shadows of the Lammermuir Hills. The purpose of this website is to keep the community and others up to date with the latest information regarding all things Oldhamstocks!
Located at the side of the website are various menu items which can be selected and viewed. Things like, "The Village", "Picture Gallery", and "History" offer a great insight into information of the village past and present, and include fantastic images of different events and outings that have been held. We also have a blog page which is used to write posts on the latest updates of the village and to report back on the success of events that have taken place, as well as a Links page which has useful contacts for information, business or pleasure. We also have an Instagram page which is featured below, and is used to post pictures from events and the general beauty of the village itself! Feel free to check it out below. We now have new pages with details of the various Wind Farms around the village and the community benefits they provide and links to Live CCTV cams and interactive maps giving live information of planes flying over East Lothian and shipping sailing off the coast of Dunbar. Finally we have a link to the Village Facebook page.
Why Not Take a Look at the Progress of Our New Hall?
We have started the process of planning our new hall, and have created a timeline to track the progress at every stage. Please do have a look and see how we're getting along. It's a long process but we can't wait for the end result! You can access the timeline by clicking on the title or by finding it in the menu bar.
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Jon Langford’s best sound to debut at Big…
EntertainmentA&E
Jon Langford’s best sound to debut at Big Room
Jon Langord is set to perform with band mates Jon Szymanski, Bethany Thomas and Tawny Newsome at the Sierra Nevada Big Room July 29. (contributed photo).
Jon Langford to perform at the Sierra Nevada Big Room Juluy 29. (contributed photo).
By Leila Rodriguez | lrodriguez@chicoer.com | Chico Enterprise-Record
PUBLISHED: July 25, 2018 at 6:26 pm | UPDATED: July 25, 2018 at 6:31 pm
Musician Jon Langford had an early start making music, but now he said he’s creating his best sound and will be making his Chico debut performing Sunday at the Sierra Nevada Big Room.
The Wales musician who now resides in Chicago will be joined by bandmates Jon Szymanski, Bethany Thomas and Tawny Newsome. All four sing lead vocals against acoustic instrumentation, which allows all four voices to take the lead and take command of each song.
“I surround myself with people who are more younger and talented than me, that’s my thing,” he said with a laugh.
Though his latest album titled “Four Souls” was recorded with a full band, when the four artists toured Europe, Langford found himself really digging the smaller ensemble and has stuck with this lineup since.
The stripped-down sound he has created takes on a life of its own.
Langford’s musical humble beginnings started with some punk rock adolescent angst.
Though he got his start as a drummer in late ’70s British punk rock band The Mekons, famed for songs “Memphis, Egypt” and “Where Were You?” Langford later picked up a guitar in the ’80s as The Mekons gained notoriety in America.
After The Mekons, Langford began playing with The Three Johns followed by a stint playing a country/punk band The Waco Brothers. His first solo album was released in 1998, and many other musical projects sprouted throughout his trajectory.
It wasn’t until Langford moved to America that he set his sights on making great rock ‘n’ roll music. His interest in the bounteous history further introduced him to blues, honky-tonk and classic western music which led him on “some quite interesting adventures,” he added.
Langford said he didn’t really harness his sound fans hear today until he began playing with Thomas and Newsome.
“I think of myself not so much an instrumentalist or singer, but more of a songwriter,” Langford added. “My singing improved, I think, since I’ve begun singing with Bethany and Tony. To keep up with those guys I have to up my game a little bit.”
When putting pen to paper, Langford found himself penning lyrics that pocketed his time in America. This narrative approach stirred the interest of other musicians lives and how they handled the pressures of the music industry where the artist found himself looking into Hank Williams, Johnny Cash and A.P. Carter.
Just last Year, Langford and his band recorded “Four Lost Souls,” which was released in the previous year and recorded in the Muscle Shoals Sound Studio in Alabama.
The album is riddled with anecdotal tales that ring true for Langford.
“It’s an album made in the south by an old British punk rocker who was thinking about things he really liked about America,” Langford said. “It’s basically songs about the cultural explosion of the 21st century and the music and politics that came out of the south.”
Langford fondly recalls that initial invitation to work alongside producer Norbert Putnam, who was part of the Muscle Shoals musicians brought to Nashville to play for Elvis Presley in 1965.
The musician’s artistic reach also includes painting, and at the time he was asked to create portraits for the Country Music Hall of Fame that included painted works of Dylan, Cash, and the Nashville Cats that were displayed for three years.
“I took that on in the context of them thinking I was just a visual artist but some of the people in the museum knew I was a musician as well, and on the opening night, they asked me to sing,” Langford said. “And I thought that was really nice. My life is normally compartmentalized doing the paintings and music. It’s quite separate.”
Once Putman heard him performing at the reception, he extended the invitation with the remark, “You sing like a pirate. You should come to Muscle Shoals.”
At the time, Langford took the invitation lightly, but six months later, Putman was still waiting on Langford to visit the studio.
Though it came later in Langford’s musical career, working with Putman was the door of opportunities Langford was waiting to bust open. Chico audience members can catch Langford and his ensemble perform at the Big Room Sunday.“I’m excited to be playing there,” he added. “When I’m in Chicago I always seek out their beer. It’ll be nice to go to the source.”
Letter: Medical condition mistaken for child abuse?
Section of I-80 in Northern California to close overnight
Leila Rodriguez
Leila Rodriguez is the weekend reporter who covers all weekend happenings. She is a Chico State University graduate and also the editor of the weekly music series, E-R Sessions.
Follow Leila Rodriguez @leilarrodriguez
Artists map out their work at Museum of Northern California Art
Moon landing events planned in Chico
Fresh meal kits unveiled by new Chico business Fresh Cove
Tulia McLaughlin | Senior Profiles
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Sessions defends Comey firing, dodges questions…
NewsNational News
Sessions defends Comey firing, dodges questions on Trump
Attorney General Jeff Sessions testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, Oct. 18, 2017. (AP Photo/Carolyn Kaster)
By The Associated Press | |
PUBLISHED: October 18, 2017 at 9:28 am | UPDATED: October 18, 2017 at 3:24 pm
By SADIE GURMAN and ERIC TUCKER
WASHINGTON — Attorney General Jeff Sessions strongly defended President Donald Trump’s firing of James Comey, but at a Senate hearing Wednesday repeatedly declined to discuss private conversations with the president about the dismissal, frustrating Democratic lawmakers who wanted to link the firing of the FBI director to a broader inquiry into Russian election meddling.
Senate Judiciary Committee member Sen. Al Franken, D-Minn., questions Attorney General Jeff Sessions during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, Oct. 18, 2017. (AP Photo/Carolyn Kaster)
Sen. Ted Cruz, R-Texas, left, and Sen. Mike Lee, R-Utah, talk as Attorney General Jeff Sessions testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, Oct. 18, 2017. (AP Photo/Carolyn Kaster)
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, left, and ranking member Sen. Dianne Feinstein, D-Calif., look to Attorney General Jeff Sessions as he testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, Oct. 18, 2017. (AP Photo/Carolyn Kaster)
Senate Judiciary Committee members Sen. Ben Sasse, R-Neb., right, and Sen. Jeff Flake, R-Ariz., left, talk as Attorney General Jeff Sessions testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, Oct. 18, 2017. (AP Photo/Carolyn Kaster)
Sen. Lindsey Graham, R-S.C., chairman of the Senate Judiciary Subcommittee on Crime and Terrorism, questions Attorney General Jeff Sessions during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, Oct. 18, 2017. (AP Photo/Carolyn Kaster)
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, left, looks to ranking member Sen. Dianne Feinstein, D-Calif., as Attorney General Jeff Sessions testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, Oct. 18, 2017. (AP Photo/Carolyn Kaster)
The repeated, often-testy questioning about the Russia investigation, coming even as Sessions spearheads sweeping changes to the Justice Department in the areas of LGBT rights, criminal justice and immigration, illustrates the extent to which the probe continues to shadow Sessions even though he recused himself months ago.
Sessions advised the Senate Judiciary Committee at the outset of his first oversight hearing as attorney general that he would not answer any questions about conversations with the president that he considered confidential.
He largely adhered to that principle during the five-hour hearing, refusing to say what Trump told him about his reasons for wanting to fire Comey, whether Trump confided in him his concern about “lifting the cloud” of the Russia investigation and whether he had asked him to drop a criminal case against Sheriff Joe Arpaio in Arizona.
Sessions deflected the questions by maintaining that presidents are entitled to have private discussions with Cabinet secretaries, saying at one point, “I do not confirm or deny the existence of any communication between the president that I consider to be confidential.”
Still, Sessions’ defense of the Comey firing — and his insistence that it stemmed from the handling of the Hillary Clinton email case — was consistent with the initial explanation by the White House. It was, he said, “the first time I’m aware of” in which an FBI director had performed the traditional role of Justice Department prosecutors by announcing on his own the conclusion of a federal investigation — that no charges would be brought against Clinton.
He said he was further galled when Comey, shortly before his firing, insisted to Congress that he would have taken the same actions again.
“That was a fairly stunning event for both of us and it did highlight the problem more significantly than it had been before,” Sessions said, referring to Deputy Attorney General Rosenstein.
Though he refused to say whether he discussed with Trump Comey’s involvement in the Russia investigation, he did say that the president had asked him and Rosenstein for their recommendations about what to do with Comey.
But that explanation has been muddled by Trump himself, who days after the May 9 firing said he would have fired Comey even without the Justice Department’s recommendation and that he was thinking of “this Russia thing” when he dismissed him.
The circumstances of Comey’s firing are among many events being investigated by Robert Mueller, who was appointed as the Justice Department’s special counsel to look into whether the Trump campaign coordinated with Russia to influence the outcome of the 2016 election. After initially balking at the question, Sessions said that Mueller’s investigative team had not approached him for an interview.
The hearing marked a return to the Judiciary Committee for Sessions, who served on it for years as a Republican senator. Yet his interactions with his former peers have been frayed as attorney general, particularly amid Democratic accusations that he provided misleading testimony at his confirmation hearing about his contacts with the Russian ambassador.
He bickered with Sen. Al Franken, a Minnesota Democrat, who accused him of having moved the “goalpost” in his denials about his contacts with the ambassador.
Apart from Russia, Sessions faced questions from lawmakers about his swift undoing of Obama-era protections for gay and transgender people and his rollback of criminal justice policies that aimed to reduce the federal prison population, among other changes he has made in the nine months since taking office.
Franken praised his decision to send an experienced federal hate crimes prosecutor to assist in a transgender murder case in Iowa, but said his Justice Department has “demonstrated an unrelenting hostility toward LGBT people,” an assertion Sessions disputed.
Sessions has tried to pressure so-called sanctuary cities into cooperating with federal immigration authorities by threatening to withhold grant money, and he was the public face of the Trump administration’s decision to end a program benefiting hundreds of thousands of young people who entered the U.S. illegally as children. Congress is seeking a legislative solution to extend the protections before recipients’ work permits expire.
He tussled with Democratic Sen. Dick Durbin of Illinois over whether people living in the country illegally are driving Chicago’s gun violence. The city has been in the Trump administration’s crosshairs for refusing to help immigration authorities detain and deport immigrants. Durbin said he wanted Chicago officers doing community policing and not immigration work.
“How does that make the city of Chicago safer when you don’t remove criminals who are illegally in the country?” Sessions said.
It is standard policy for attorneys general to appear before the Justice Department’s congressional overseers on the House and Senate judiciary committees. Yet, in a reflection of the extent to which the Russia investigation and his own role as a Trump campaign ally have dominated public attention, Sessions made his first appearance on Capitol Hill as attorney general before the Senate Intelligence Committee.
After float catches fire, here’s how the Tournament of Roses is upping its safety measures
La Habra man denies attacking Whittier woman jogger
Paying for parking in Pasadena? There’s an app for that
Where are young people in Pasadena political groups?
Rural California now battles housing affordability issues, too
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Parental Control & Monitoring/
Do You Know Where Your Kids Are Clicking?
Your kids aren't going to stop using MySpace and Facebook, but at least you can give them safety helmets and kneepads.
June 21, 2006 12:00AM EST
Advice to Parents: Learn This Stuff
Filters: A False Sense of Security
Recognize the Red Flags
A Predator's Path
10 Essential Tips For Parents
The Best Web Sites
Kids On The Web: Risky Business
The Best Parental Control Software
Keeping all of these perils in check can be a full-time job for a parent, and it's a job they're not doing so well. One particular challenge is that most kids know a lot more about the Internet than do their parents, and they use the knowledge gap to win more time and less supervision online. "You find that a lot of parents are bullied," says Frey. "They don't want to look stupid in front of their kids, who tell them that everyone is doing it."
Bridging that knowledge gap is essential to understanding the risks your children face online and how you can help them. "If you're a parent, you better learn about this stuff," says McBride. "If that means taking a class, or getting a book, so be it. It's hard to protect your kids online if you don't know what they're doing." Once parents understand the technologies and the dangers, they can more easily talk to their kids about those dangers and how to avoid them.
Sadly, this common-sense solutioneducating both yourself and your children about staying safe onlineis in reality often neglected. Even though it's hard to read the daily newspaper nowadays without coming upon a story about an online predator or some cyberstalking or cyberbullying incident, 30 percent of parents allow their teenage children to use a computer in a private area of their home, according to a 2005 survey by Cox Communications and the National Center for Missing & Exploited Children.
That's exactly the wrong thing to do, say online-safety experts, who urge parents to take the computer out of the bedroom and put it in a common area, like a family room or den, where children have no expectation of privacy and parents can check in on what they're doing. Just a little bit of education, the experts say, and parents would quickly understand how necessary this rule of thumb is.
Spector Pro 5.0
Parental Control & Monitoring
Buying Guide: Parental Controls
More From Alan
The 10 Coolest Technologies You've Never Heard Of
The Chemistry of Computing
Predeparture Checklist
Free Parental Control Utilities
Child-Proof Your Computer
OnlineFamily.Norton
Safe Eyes 5.0
Webroot Parental Controls
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Anonymous Breaches San Francisco's Public Transport Site
The hacking collective Anonymous released personal data on Sunday belonging to more than 2,000 public transport customers in the San Francisco area in retaliation for the Bay Area Rapid Transit (BART) system's shutdown of mobile phone service on Thursday night.
The data came from myBART.org and consists of user names, last names, addresses and telephone numbers for riders who used the website to manage their accounts. On Monday, the site was a blank white page with the message that it was unavailable for "renovation."
The attack comes after BART shut off mobile-phone service to hundreds of thousands of commuters on Thursday night, a move that drew criticism from the Electronic Freedom Foundation and other organizations and individuals. The agency claimed that riders planned a disturbance that threatened the safety of other passengers. The shutdown meant passengers could not dial emergency services.
BART, which has its own police force, has been criticized for the fatal shootings of two men over the last two years by its officers. Charles Hill, a 45-year-old homeless man, was fatally shot after he confronted police with a knife. In 2009, Oscar Grant was shot in the back during a scuffle with police.
In a statement, BART said personal information for 2400 of its 55,000 users of the myBART.org website were affected. The website has been shutdown, and law enforcement has been notified, BART said. No financial information was stored on the site, it said.
But BART warned that people should be alert they could be targeted by scammers because of the breach. BART also provided information for how users can request a free credit report.
"We are sorry this intrusion into the myBART data occurred, and we notified those affected right away in case anyone tries to exploit the information," the agency said. "We will provide an update as soon as we have additional information."
Anonymous publicly posted the data. The domain for that website, which uses the country code top-level domain for Austria, was blank except for a message in German that read "Back soon, do not worry."
Anonymous has been tweeting about the action under the hashtag #OpBART and under a Twitter account "OpBART."
"We apologize to any citizen that has his information published, but you should go to BART and ask them why your information wasn't secure with them," the group wrote. "Also do not worry, probably the only information that will be abused from this database is that of BART employees."
Anonymous said the database that was compromised was vulnerable to SQL injection attack, a common hacking method that involves inputting commands into a web-based form to see if the backend database storing the data responds. Secure databases will filter out commands that are not allowed if configured properly.
The group also said it would hold a peaceful protest at 5 p.m. Monday at Civic Center Station, near San Francisco's City Hall.
Send news tips and comments to jeremykirk@idg.com_
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Divorce and Remarriage in the Old Testament
Close examination of Deuteronomy 24:1-4 sheds light on an important social issue in today's culture.
Richard Davidson
The wide range of Old Testament passages related to the issues of divorce and remarriage includes at least six Hebrew expressions referring to divorce that occur altogether some 27 times, plus several references to remarriage. This article will limit itself to the most seminal passage dealing with divorce and remarriage, Deuteronomy 24:1-4. It contains far-reaching implications for understanding New Testament passages on the subject and for properly recognizing the interpretive relationship between Old Testament and New Testament divorce/remarriage legislation.
Crucial grammatical, syntactical, and intertextual features of the legislation have been largely overlooked in previous studies of the passage. Yet these features provide keys for understanding the continuity between the Testaments with regard to the subject of marriage and divorce.
Historical Background and Literary Context
The Book of Deuteronomy encompasses Moses’ farewell sermon to Israel, given about 1410 B.C. on the borders of Canaan just before Moses’ death and Israel’s entrance into the Promised Land. The address is framed in the overall structure of a covenant renewal. It follows the essential outline of the international suzerainty-vassal treaties of the day.
Within this overall structure, Deuteronomy 24 is situated as part of the specific stipulations of the covenant, Deuteronomy 12–26. This whole body of material is arranged as an expansion and application of the Decalogue of Deuteronomy 5, with the various laws grouped within topical units that follow the content and sequence of the corresponding commandments of the Decalogue.1
What is particularly noteworthy for our study at this point is that Deuteronomy 24:1-4 is not placed in the section of the Deuteronomic law dealing with adultery, but in the section dealing with theft. This fact must be kept in mind in seeking to understand the underlying purpose of the legislation.
Deuteronomy 24:1-4 reads as follows: “‘[1]When a man takes a wife and marries her, if then she finds no favor in his eyes because he has found some indecency in her, and he writes her a bill of divorce and puts it in her hand and sends her out of his house, and she departs out of his house, [2] and if she goes and becomes another man's wife, [3] and the latter husband dislikes her and writes her a bill of divorce and puts it in her hand and sends her out of his house, or if the latter husband dies, who took her to be his wife, [4] then her former husband, who sent her away, may not take her again to be his wife, after she has been defiled; for that is an abomination before the Lord, and you shall not bring guilt upon the land which the Lord your God gives you for an inheritance’” (RSV, verses marked).
Literary Form and Structure
Some earlier English translations of this passage (e.g., KJV, ERV, and ASV) are misleading, because they have the actual legislative portion beginning already with verse 1: “Then let him write her a bill of divorcement” (KJV). If such were the correct translation, then God indeed would be sanctioning divorce in this passage. But it is now universally recognized that the form or genre of this law and the details of Hebrew grammatical structure lead to a different understanding.
In the legal portions of the Pentateuch, there are two major literary types of laws: demonstrable laws and case laws. In the former, there is an absolute command or prohibition: “Thou shalt . . .” or “Thou shalt not . . .” In the latter, the case laws, there is first the description of condition(s), usually beginning with Hebrew words best translated as “If . . .” or “When . . .” This is followed by the actual legislation, best signaled in English translation by the word “then . . .” Following the description of condition(s), a case law (as well as demonstrable law) sometimes has one or more motive clauses giving the rationale for the law.
Deuteronomy 24:1-4 is a case law that has all three elements just described. In verses 1-3 there are several conditions: the grounds and procedure for divorce (vs. 1), the remarriage of the woman (vs. 2), and the divorce or the death of the second husband (vs. 3). Only after describing all of these conditions in verses 1-3 does verse 4 include the Hebrew word for “not,” signaling the start of the actual legislation. The only legislation in this passage is in verse 4a, forbidding the woman’s former husband to take her back to be his wife under the circumstances described in verses 1-3.
The implication is clear: God is in no wise legislating or even sanctioning divorce in this passage. In fact, the whole passage may be expressing tacit disapproval, although the divorce is tolerated and not punished. This will become more evident in further detail.
Following the conditions and the legislation of Deuteronomy 24:1-4a is the third major part of the case law, the motive clauses of verse 4b, containing the multiple rationale for the prohibition: The woman has been “defiled,” it would be an “abomination” before the Lord, and “sin” should not be brought upon the land. These all call for attention in order to understand the purpose of the legislation.
Circumstances of Divorce/Remarriage
Grounds for Divorce (vs. 1a). Deuteronomy 24:1 describes two conditions that lead the husband to “send away” or divorce his wife. First, “‘It happens that she finds no favor [“approval” or “affection”] in his eyes.’”2 The phrase “to find” or “not to find favor in one’s eyes” is the ordinary Hebrew expression for “like/dislike” or “please/displease.” It describes the subjective situation—the husband’s dislike, displeasure, or lack of approval/affection for his wife.
But the grounds for divorce are not limited to the subjective element. There are also concrete grounds for the disapproval: “‘Because he has found some indecency in her’” (NASB). The Hebrew word may be translated literally as “nakedness of a thing.” But to what does it refer? This question has been widely debated among scholars, both ancient and modern. The correct interpretation of this Hebrew phrase was at the heart of the Pharisees’ test question to Jesus in Matthew 19:3: “‘Is it lawful for a man to divorce his wife for just any reason?’” (NKJV). In Jesus’ day, two interpretations of Deuteronomy 24:1 vied for attention. The School of Shammai emphasized the word for “nakedness,” and interpreted the phrase to refer to marital unchastity, while the School of Hillel emphasized the word for “thing,” and interpreted the phrase to refer to any indecency or anything displeasing to the husband, even for such things as serving poor food in a meal.
The word for “nakedness” elsewhere in the Old Testament most often refers to the nakedness of a person’s private parts or genitals, which should not be uncovered or exposed to be seen by those who should not see them; and the uncovering of one’s nakedness usually has sexual connotations (Gen. 9:22, 23; Ex. 20:23; 28:42). The word can mean “word [speech, saying]” or “thing [matter, affair],” and in the context of Deuteronomy 24:1 surely means “thing”or “matter.”
This phrase occurs only once in the Old Testament besides Deuteronomy 24:1, and that is in the previous chapter, 23:15 (Eng. vs. 14). Here it clearly refers to the excrement mentioned in the previous verse that should be covered so that the Lord “‘may see no unclean thing among you, and turn away from you’” (vs. 13). The “nakedness of a thing” is something that is uncovered that should have been covered, something that is repulsive, disgusting, or shameful when left exposed.
It appears that this phrase in Deuteronomy 24:1 has a similar meaning as in the preceding chapter, but refers to the “nakedness of a thing” with regard to a wife. It seems probable, given the preceding context, and the usual sexual overtones of the term when referring to a woman, that the phrase in Deuteronomy 24:1 describes a situation of indecent exposure (of private parts) on the part of the woman. Theoretically, the phrase could probably include illicit sexual intercourse (i.e., adultery), in parallel with the phrase “uncover nakedness,” describing such behavior in Leviticus 18 and 20.
However, since adultery (and other illicit sexual intercourse) received the death penalty (or being “cut off” from the congregation) according to the law (Deut. 22:22; Lev. 20:10-18), the indecent exposure referred to in Deuteronomy 24:1 must be something short of these sexual activities, but a serious sexual indiscretion nonetheless. The phrase in Deuteronomy 24:1 describes some type of serious, shameful, and disgraceful conduct of indecent exposure probably associated with sexual activity, but less than actual illicit sexual intercourse.
What is the implication of this conclusion about the meaning of “shameful uncovering” in Deuteronomy 24 for the answer that Jesus gives to the Pharisees in Matthew 19 regarding the grounds for divorce? Jesus states only one legitimate ground for divorce: porneia (vs. 9; 5:32). To what does this word refer when used without any qualifiers in the context? Its parallel usage (again without qualifiers) in Acts 15, and the intertextual allusions to Leviticus 17 and 18 in this latter passage, provide helpful guidance here.
Acts 15 lists four prohibitions for Gentile Christians given by the Jerusalem Council: “That you abstain from things offered to idols, from blood, from things strangled, and from sexual immorality [pornea]” (vs. 29, NKJV). Particularly striking is that this is the same list, in the same order, as the four major legal prohibitions explicitly stated to be applicable to the stranger/alien as well as to native Israelites in Leviticus 17 and 18. In these Old Testament chapters we find (1) sacrificing to demons/idols (Lev. 17:7-9); (2) eating blood (vss. 10-12); (3) eating anything that has not been immediately drained of its blood (vss. 13-16); and (4) various illicit sexual practices (Leviticus 18).
In this clear case of intertextuality, the Jerusalem Council undoubtedly concluded that the practices forbidden to the alien in Leviticus 17 and 18 were what should be prohibited to Gentile Christians in the church. The parallel of the fourth prohibition in each passage is unambiguous: what Acts 15 labels porneia are those illicit sexual activities included in Leviticus 18. These activities may be summarized in general as illicit sexual intercourse—including incest, adultery, homosexual practices, and bestiality. The correlation between Acts 15 and Leviticus 17 and 18 seems to provide a solid foundation for determining what the early church understood by the term porneia.
This inner-biblical definition of porneia seems to be decisive in understanding Jesus’ “exception clause” regarding divorce on grounds of porneia in Matthew 5:32; 19:9. Jesus’ “exception clause” is stricter than the grounds for divorce presented in Deuteronomy 24:1 (according to the interpretation of both the House of Shammai and the House of Hillel). Jesus’ “exception” for divorce is porneia, which is not the exact equivalent of the “shameful uncovering” of Deuteronomy 24:1. Porneia is a much narrower term, referring exclusively to illicit sexual intercourse, which in the Mosaic law called for the offender being “cut off” from God’s people (Lev. 18:29). As Roy Gane summarizes: “Jesus says that whereas Moses allowed for divorce for indecent exposure without illicit sexual relations, He permits divorce only if illicit sexual relations take place.”3
Furthermore, in this light, Jesus’ “exception clause” in Matthew 5 and 19 does not contradict the Synoptic parallel accounts in Mark and Luke, which contain no exception clause. Mark and Luke do not mention any exception clause presumably because they do not consider the case of porneia, the penalty for which was being “cut off” or death. It was assumed that the death penalty or being “cut off” from the congregation meant a de facto dissolution of the marriage. Matthew apparently preserves the original intent of Jesus for readers after 30 A.D., when the death penalty for adultery was abolished.
R. H. Charles writes: “When we recognize that Mark’s narrative takes no cognizance of the case of adultery, but only of the other and inadequate grounds advanced for divorce, the chief apparent contradictions between Matthew and Mark cease to exist. What is implicit in Mark is made explicit in Matthew. Both gospels therefore teach that marriage is indissoluble for all offenses short of adultery. . . . Now, it was impossible to misinterpret the plain words of Christ, as stated in Mark, at the time they were uttered, and so long as the law relating to the infliction of death on the adulteress and her paramour was not abrogated. But, as we know, this law was abrogated a few years later. The natural result was that to our Lord’s words, which had one meaning before the abrogation of this law, a different meaning was in many quarters attached after its abrogation, and they came to be regarded as forbidding divorce under all circumstances, though really and originally they referred only to divorces procured on inadequate grounds “that is, grounds not involving adultery.”4
Procedure of Divorce. According to Deuteronomy 24:1b, there were three major elements in the divorce proceedings. First, the husband wrote a “certificate of divorce,” literally “document of cutting off.” Other legal documents are mentioned in the Old Testament, and the certificate of divorce is also alluded to in other passages. Although there is no Old Testament example of the actual wording of such a document, it has been suggested that the central divorce formula is contained in Yahweh’s statement of divorce proceedings against Israel in Hosea 2:2: “‘she is not My wife, nor am I her Husband!’” Such a statement would mean the legal breaking of the marriage covenant as much as the death of the marriage partner. The document no doubt had to be properly issued and officially authenticated, thus ensuring that the divorce proceedings were not done precipitously.
The bill of divorce may have also contained what in Rabbinic times was considered “the essential formula in the bill of divorce,” i.e., “Lo, thou art free to marry any man.”5 This would provide for the freedom and right of the woman to be married again. The document would be indicating that although the woman had been guilty of some kind of indecent exposure, she was not guilty of adultery or other illicit sexual intercourse, and therefore not liable to punishment for such sexual activity. Thus she was protected from abuse or false charges by her former husband or others at a subsequent time.
Parallels from the Code of Hammurabi and the Jewish Mishnah indicate that the certificate of divorce would also contain mention of the financial settlement, unless the woman was guilty of misconduct, in which case no financial compensation was awarded her. Probably the latter (no financial compensation) was the case in Deuteronomy 24:1.
The second step of the divorce proceedings was to put “‘it [the bill of divorce] in her [the wife’s] hand’” (Deut. 24:1). She must actually receive notice of the divorce directly in order for it to be effective. The Mishnah tractate Gittim deals with various kinds of possible situations that might not qualify as actually putting the divorce certificate in the hand of the woman. The effect, again, is the protection of the wife by ensuring that she has access to, and concrete notification of, the divorce document.
The third step is that the husband “‘sends her out of his house’” (vs. 1). The Hebrew word for “send” is elsewhere in the Old Testament the closest one to a technical term for divorce. Sending the wife away is intended to effectuate the divorce process. The break is final and complete.
Remarriage and the second divorce or death of second husband. The third condition specified in Deuteronomy 24:1-3 is that the divorced woman remarries, and then her second husband either divorces her or dies.
Raymond Westbrook seeks to establish that the grounds for the second divorce are not the same as those for the first divorce. The second husband is said to “detest” or “dislike” or “hate” her, which term is not employed in the grounds for the first divorce.6 The evidence Westbrook cites, however, actually militates against his conclusion, for he shows that in ancient Near Eastern sources and later Jewish material the formula “I hate my husband/wife” is a summary of the longer standard divorce formula “I hate and divorce my husband/wife.” Westbrook’s argument that “hate/dislike” in Deuteronomy 24:3 refers to divorce without objective grounds in contrast to divorce with objective grounds in verse 1, while plausible, is not persuasive. In light of the fact that this technical term is used elsewhere to summarize the grounds for divorce, whatever they might be, it seems preferable to take hate/dislike as summarizing the same situation as the first divorce mentioned in verse 1.
The divorce procedure is the same as described in verse 1: The husband writes his wife a certificate of divorce, puts it in her hand, and sends her away out of his house. Or, as an alternative situation, the second husband dies.
After the lengthy statement of conditions, the legislation itself is short and simple: “‘then her former husband who divorced her must not take her back to be his wife after she has been defiled’” (Deut. 24:4). Though the legislation is clear, the rationale for this legislation is far less certain. Already in the legislation, however, one part of the rationale is given: “‘after she has been defiled.’” Two additional aspects of the rationale for the prohibition appear in the motive clauses.
Rationale for the Legislation: The Motive Clauses
The explanation: “‘After she has been defiled.’” The first indicator of the reason for this legislation comes in the explanation why the first husband is not permitted to remarry: “‘she has been defiled’” (vs. 4). The Hebrew for this clause is translated “to be or become unclean or defiled.” But the grammatical form employed in this verse is very unusual in the Hebrew Bible, used nowhere else in this way and only a very few times with a very few verbs. This form is passive, and it normally conveys the reflexive idea (“she defiled herself”). Deuteronomy 24:4 would probably best be translated as “she has been made/caused to defile herself.”
This leads clearly to Leviticus 18, where we have not only the reflexive form of this word (vss. 24, 30), but the other two terms/concepts used in the motive clauses of Deuteronomy 24:4: the term abomination (vss. 22, 26, 29) and the idea of bringing defilement/sin upon the land (vss. 25, 27, 28). Leviticus 18 is the only other chapter of the Hebrew Bible that combines these three terms/ideas in one context, and seems undoubtedly to be alluded to by Deuteronomy 24:4. It is crucial to note that in Leviticus 18 one defiles oneself by having illicit sexual relations with another (vss. 20, 24, including at least adultery, bestiality, homosexual practice). Deuteronomy 24:4 also probably alludes to Numbers 5:13, 14, 20, where the wife is specifically referred to as having “defiled herself” by having illicit sexual relationships with a man other than her husband.
The implication of this connection between Deuteronomy 24:4, Leviticus 18, and Numbers 5 is that the sexual activity of the divorced woman with the second husband is tantamount to adultery or some other illicit sexual intercourse, even though she does not incur the death penalty or other punishment as in the cases of Leviticus 18.
Various commentators have recognized this implication. “The second marriage of a divorced woman was placed implicitly upon a par with adultery.”7 S. R. Driver concurs that “the union of a divorced woman with another man, from the point of view of her first husband, [is] falling into the same category as adultery.”8
If the sexual intercourse of the woman with her second husband defiles her and is tantamount to adultery, why is she free from punishment? The answer seems to be found in the meaning of “has been caused to defile herself.” This apparently does not refer to the one she has had sexual intercourse with (i.e., her second husband) as the “cause” of defilement. By utilizing the passive reflexive form, another cause than the immediate defilement with her second husband seems to be implied. This is highlighted by comparing this occurrence with its other occurrences in the Hebrew Bible, where the same dynamic is functioning: The ultimate cause, seemingly implicit in this rare grammatical form, is the first husband. The legislation subtly implicates the first husband for divorcing his wife. Even though his action is not punished, and therefore is tolerated, the law makes clear that his action does not have divine approval. His putting away his wife has in effect caused her to defile herself in a second marriage in a similar way as if she were committing adultery.
Thus, while Deuteronomy 24:1-4 does not legislate divorce or remarriage, and even tolerates it to take place within certain grounds less than illicit sexual intercourse, at the same time within the legislation is an internal indicator that such divorce brings about a state tantamount to adultery, and therefore is not in harmony with the divine will.
Recognizing the correct translation of Deuteronomy 24:4 (“she has been caused to defile herself”) throws light on Jesus’ words in Matthew 5:32: “‘I say to you that whoever divorces his wife for any reason except sexual immorality [porneia] causes her to commit adultery [presumably when she remarries]; and whoever marries a woman who is divorced commits adultery.’” Just as in the other “‘I say unto you’” sayings of Matthew 5, Jesus is not changing or adding something new to the Law, but showing the true and deeper meaning that is already contained in the Law, which had been distorted by later misinterpretation. Already in Deuteronomy 24:4 it is indicated that breaking the marriage bond on grounds less than illicit sexual intercourse causes the woman to defile herself, i.e., commit what is tantamount to adultery.
A further implication of this interpretation of Deuteronomy 24:4 is that Jesus, in pointing the Pharisees away from the divine “concession” in verses 1-4 to God’s ideal “‘from the beginning’” (Matt. 19:8), was not arbitrarily shifting from the Deuteronomic law to the Edenic ideal. He was rather pointing to a conclusion that was already implicit in Deuteronomy 24:4: Verses 1-3 were a temporary concession to “hardness” of Israel’s heart, but they did not represent God’s divine ideal for marriage.
The reason: “‘It is an abomination.’” As already noted, the term abomination, occurring in context with the other two rationales found in verse 4, links unmistakably with Leviticus 18. As the various types of illicit sexual intercourse mentioned in Leviticus 18 are “‘abominations,’” so is a woman’s returning to the first husband after having been married again. If the woman’s remarriage after her first divorce is similar to adultery, remarriage to her former husband is even more so. P. C. Craigie writes, “If the woman were then to remarry her first husband, after divorcing the second, the analogy with adultery would become even more complete; the woman lives first with one man, then another, and finally returns to the first.”9
Furthermore, it appears that the prohibition does in effect bring indirect punishment on the first husband for divorcing his wife. Even though his divorcing her is not directly censured, yet since she “has been caused [by him] to defile herself” through his action, he is indirectly punished by not being allowed to take her as a wife again. To do such would be an “‘abomination.’” Though the punishment for failing to follow this prohibition is not given in the text, it probably may be assumed that such an abomination would not just be similar to adultery, but treated as adultery and punished accordingly.
The command: “‘You shall not bring sin on the land.’” This last motive clause once again relates to Leviticus 18. The idea that illicit sexual intercourse defiles the land is mentioned three times in this chapter (vss. 25, 27, 28). Because the land is defiled, God says that “‘therefore I visit the punishment of its iniquity upon it, and the land vomits out its inhabitants’” (vs. 25).
This same concept is what is found in Deuteronomy 24:4, even though the noun iniquity is replaced with the verbal idea of “sin” being brought on the land. The verb “‘sin’”(“miss a mark,” “go astray”) may have been substituted to imply a somewhat less serious infraction than the “‘iniquity’” [“crooked behavior,” “perversion”] of Leviticus 18, but it also may here have been considered virtually synonymous.
A man is not to remarry his wife when she has been married again to someone else for the same reason that Israel is not to engage in other illicit sexual intercourse. As we have already seen, to commit this abomination defiles the land and will eventually lead to divine punishment as He causes the land to vomit out its inhabitants.
An important implication of this motive clause for the contemporary relevance of this legislation arises from the direct linkage of Deuteronomy 24:4 with Leviticus 18 in the defiling of the land by the iniquity/sin of the sexual abominations. The “‘abominations’” mentioned in Leviticus 18 (and reiterated in Leviticus 20) are forbidden not only for the native Israelite but also explicitly for the non-Israelite “stranger” or “alien” who sojourns among the children of Israel. Furthermore, these abominations caused the non-Israelite heathen who inhabited Canaan before Israel to be vomited out when they committed these acts. Therefore the “‘abomination’” and defiling quality of these acts clearly are not simply ritual in nature, applying only to Israel, but timeless and universal, applying to anyone who practices them. Since Deuteronomy 24:4 is placed in the same category as the practices of Leviticus 18, it may be assumed that the prohibition against marrying a former wife who has been married again is universal and of contemporary relevance in its application. Disregarding such prohibition will not only bring defilement and sin upon the land of Israel which God was giving to them as an inheritance, but will also defile any land where such practice is carried out.
Overall Purpose of the Legislation
Various suggestions. There have been many suggestions as to the overall purpose of the legislation in Deuteronomy 24:1-4. Some eight major views may be categorized and summarized:10
1. To ensure the proper legal procedure of divorce. This assumes the translation of the KJV and other versions that place the condition in verse 1.
The view is based upon a misunderstanding of the structure of the passage. Deuteronomy 24:1-4 neither legislates divorce nor sanctions it. The actual legislation deals only with the prohibition of remarriage to the first husband after an intervening marriage. In fairness to this view, however, it must be said that the very mention of the certain conditions in the divorce proceedings does at least indicate that these conditions would have to be met in order for the legislation to apply. In the very toleration of divorce under these conditions, some tacit recognition of a set procedure for divorce is made in the passage.
2. To discourage easy divorce. As Jay Adams puts it: “The whole point of the four verses in question is to forestall hasty action by making it impossible to rectify the situation when divorce and remarriage to another takes place.”11
This view has more to commend it. The mention of specific divorce proceedings in the legislation would have some tacit influence to this effect, but the actual legislation would have further underscored this point. When a divorce was contemplated by the first husband, he must reckon with the fact that such action would be final once his wife had remarried. He could never change his mind and try to woo her back. But Westbrook points out a weakness in this being the only purpose for the legislation: “the divorcing husband is hardly likely to have in mind the possible circumstances following the dissolution of a subsequent marriage by his wife.”12
3. To inhibit remarriage. Craigie argues that the text treats subsequent remarriages as defilements similar to adultery. He regards the grounds for the divorce as possibly just some type of “physical deficiency in the woman.” The legislation restricts current divorce practices so that it does not become simply a “‘legal’ form of committing adultery.”13
The third view contains elements that find support in the text. Craigie is correct to argue that the remarriage of the woman (after a divorce on lesser grounds than extramarital sexual intercourse) is presented as tantamount to adultery in that she “defiles herself” (although she is not punished). He is also on the right track in seeing the legislation as curbing the excesses of divorce so that it becomes “legalized adultery.” But Craigie broadens the meaning far too much when he sees it probably referring to a “physical deficiency” in the woman and not “indecent exposure.” He also misses the implication that it is the first husband who is ultimately culpable for having caused his wife to defile herself by the second marriage relationship.
4. To protect the second marriage. Reuven Yaron suggests that the legislation inhibits the social tensions that might arise from a “lovers’ triangle.”14
This view also has merit. If the divorced wife who has married again knows that she cannot get back together with her first husband, she would certainly be discouraged from planning any intrigue against her second husband so he would divorce her. The first husband would likewise be prevented from trying to get his first wife back. Although these aspects seem to be part of what the law accomplished, Laney has correctly pointed out that this view “fails to explain why the rule would apply after the death of the second husband when the second marriage would no longer be in jeopardy.”15
5. To prevent a “type of incest.” Gordon Wenham argues that marriage creates a kind of indissoluble “kinship bond” between husband and wife, and thus after a divorce and remarriage to return to the first husband is a kind of incest, which is forbidden in Leviticus 18:6-18.16
This view does not have the weight of evidence of the text and context to support it. As Laney remarks, “The major difficulty with this view is that it seems to reach beyond what is clear to the reader. One wonders how many Israelites would have seen the connection between the ‘one flesh’ of the marriage union and the incest laws of Leviticus 18:6-18.”17 Westbrook moves closer to the main objection to Wenham’s “type of incest” view, asserting that, “his analysis cannot possibly apply to the Deuteronomic law because it completely ignores the intervening marriage. The law does not, as Wenham assumes, prohibit remarriage as such, and there is no way that we can see of the second marriage being a factor in the creation of an incestuous affinity.”18 The major problem of Wenham’s position, as hinted already by Westbrook, is that it is founded on an erroneous view of the marriage covenant. Wenham assumes that the “one-flesh” relationship in the marriage covenant is absolutely indissoluble, even by divorce and remarriage. Such a position is not supported in Genesis 1–3 or anywhere else in Scripture.
6. To “protect a stigmatized woman from further abuse by her offending first husband.”19 “Deuteronomy deals not with a sinning wife but a sinning husband.”20 In his view, the wife’s action was not a sexual offense at all but some “embarrassing condition,” and the husband was “so hard-hearted that he cast the woman from himself” and “so unrepentant that he allowed her to be sexually coupled to another man.”21
This view has many points that square with our exegesis. William Luck is correct that the law implicates the first husband as the offending party.22 He states: “the stigma [of ‘defilement’] of the woman in Deuteronomy 24:4 does not so stigmatize her that the moral guilt hangs about her marriages to men other than her former husband. The stigma instead reflects back upon the man who caused the problem, that is, her first husband.”23 In emphasizing the first husband’s culpability, however, Luck has tended to trivialize the grounds for divorce by indicating that Deuteronomy 24:1 simply refers to “embarrassing circumstances,” instead of “indecent exposure.”
7. To recognize the “natural repulsion” or taboo against having sexual intercourse with a woman who has cohabited with another man. This view has found support in Calum Carmichael, who seeks to show evidence that such an attitude did exist in ancient Israel.24
This view does not stand up to a rigorous scrutiny. Westbrook concludes: “We would suggest that, far from there being a natural repulsion, both biblical and ancient Near Eastern sources find nothing untoward in a man resuming relations with his wife after she has had relations with another, even amounting to marriage, providing no other factor makes resumption of the marriage improper.”25
8. To deter greedy profit by the first husband. Raymond Westbrook contends that this legislation is about property. In the first divorce (vs. 1) since there were moral grounds, the wife received no financial settlement, whereas in the second divorce (vs. 3) there were no moral grounds so the wife received financial remuneration. The legislation is to keep the first husband from profiting twice, once to divorce her (and give her nothing) and once to remarry her (and get her financial settlement from her second husband). Westbrook notes how this interpretation fits nicely with the structural placement of this law in the section of Deuteronomic legislation dealing with theft.26
This view points in a promising direction, although it appears to go beyond the evidence in its specifics. Westbrook’s distinction between two kinds of divorce functioning in Deuteronomy 24:1-3 finds its basis in a similar distinction in the Code of Hammurabi and the Mishnah, but really has no basis in the biblical text. As we have already seen, the divorce formula of verse 3 is probably an abbreviated version of the same type of divorce in verse 1. Westbrook’s view, in addition to being speculative, does not appear to take seriously enough the terms “abomination” and “sin on the land” (of verse 4). Furthermore, this view assumes that the first divorce is perfectly legitimate, contrary to what we have seen implied in the clause “she has been caused to defile herself.”
Aside from the weakness of Westbrook’s proposal in its details, he does seek to make sense out of the placement of this law within the section of Deuteronomy 12–26 dealing with “theft.” If it does not deal with theft in the way that Westbrook suggests, Westbrook must be credited with attempting to wrestle with the larger issue of the theological context for this legislation.
These considerations lead to an understanding of the relationship between this legislation and theft in a much larger perspective than Westbrook proposes. The law of Deuteronomy 24:1-4 has prevented men from treating a woman as mere chattel, property, to be swapped back and forth at will. Her dignity and value as an individual person is upheld in this law, and the first husband who caused her to defile herself is implicitly shown to be at fault. The law is aimed, in its final placement within the larger context, to protect the woman from being robbed of her personhood.
This is reinforced by noticing the very next law in this section of Deuteronomy (24:5): “‘When a man has taken a new wife, he shall not go out to war or be charged with any business; he shall be free at home one year, and bring happiness to his wife whom he has taken.’” This law clearly indicates that its ultimate purpose is to enable the newly wedded man to stay at home “‘and bring happiness to his wife.’” The law protects against robbing the newly married couple of their intimacy and happiness, and especially protects the happiness of the wife.
This leads to an understanding of how Deuteronomy 24:1-4 fits into the progression of thought in the section of laws dealing with the eighth commandment or “theft.” As Kaufman pointed out with regard to the organization of the various laws within the thought units of a given commandment, they “are arranged according to observable principles of priority.”27 Kaufman’s analysis of the Deuteronomic laws arranged under the eighth commandment is insightful. He notes how there are six paragraphs in this section (which he labels A through F). The structure of the section begins with the theft of property (paragraphs A [Deut. 23:20, 21], B [vss. 22-24], and C [vss. 25, 26]. Then it moves to the theft of “life” in a metaphorical sense (paragraphs D [24:1-5] and E [vs. 6]). Finally it deals with the theft of the physical (kidnapping, paragraph F [vs. 7]).
Kaufman has rightly pointed out how Deuteronomy 24:1-4 belongs together with verse 5 as one paragraph with a common theme: “Perhaps the current position of paragraph D within Word VII [the eighth commandment] offers an insight into the compiler’s (or author’s) understanding of the very essence of the two laws which comprise it. Both, like paragraph E and F that follow, were apparently seen as preventing the theft of nepeç–of the services and devotion of a groom to his bride, and of the self-respect of a divorced woman.”28
Therefore Deuteronomy 24:1-4, in its larger canonical context, serves to protect the rights of women, to protect their dignity and self-respect, especially in circumstances in which they may appear powerless. The law, in its self-expressed disapproval—although temporary toleration, of inequalities afforded women due to the hardness of men’s hearts—points toward the day when such inequities will be resolved by a return to the Edenic ideal for marriage.
Implications for the 21st Century
Although Deuteronomy 24:1-4 tolerated divorce on the grounds of indecent exposure on the part of the wife, at the same time within the legislation is a rare internal indicator that such a divorce does not meet with divine approval. The husband’s putting away his wife has in effect caused her to defile herself in a second marriage in a similar way as if she were committing adultery (although it is not punished as such because the blame is placed upon the first husband and not the wife). Thus already in verse 4 it is indicated that the breakage of the marriage bond on grounds less than illicit sexual intercourse causes the woman to defile herself, i.e., commit what is tantamount to adultery (when she marries again).
The correct translation of verse 4 (“she has been caused to defile herself”) seems to illuminate Jesus’ words in Matthew 5:32: “‘Whoever divorces his wife for any reason except sexual immorality [illicit sexual intercourse] causes her to commit adultery [presumably when she remarries].’” Thus Matthew 5:32 is not an exception to the rule of Jesus’ “But I say unto you” statements in Matthew 5. Here, as elsewhere in the chapter, He is not changing the Old Testament meaning but recovering its full force from later misinterpretation.
The grounds for divorce in Deuteronomy 24:1 lie behind Jesus’ discussion with the Pharisees in Matthew 19. The School of Shammai interpreted “the nakedness of a thing” to mean “indecent exposure [including adultery and other illicit sexual intercourse since these did not often meet the death penalty by the time of his day]” and the School of Hillel interpreted the grounds to be any indecency even as trivial as a wife’s spoiling the husband’s food. Jesus’ “exception clause” is stricter than both Shammai and Hillel, including only porneia as legitimate grounds for divorce.
In light of the precise structural and content parallels between the prohibitions of Acts 15:29 and Leviticus 17–18, porneia in Acts 15 (and presumably also Matt 5:32 and 19:9) may be understood as referring to illicit sexual intercourse (as detailed in Leviticus 18, including at least incest, adultery, homosexual practices, and bestiality).
Jesus’ grounds for divorce (porneia) are the equivalent of those practices that in the Old Testament met with the death penalty or being “cut off.” Therefore it may be stated that Jesus’ exception clause in Matthew is not in contradiction to the lack of the exception clause in the other Synoptic gospels. Mark and Luke do not have the exception clause, presumably because such exception was assumed (via the death penalty or being “cut off” and thus de facto dissolving of the marriage) in Old Testament law. Matthew has the exception clause to preserve the meaning of Jesus’ words in a setting in which the death penalty for porneia was no longer in effect.
The legislative part of Deuteronomy 24:1-4, which prohibited a wife to return to her first husband after she had subsequently married (and then the second husband had either died or divorced her), is linked by crucial terminology and concepts to the permanent and universal legislation of Leviticus 18, and therefore should be considered of contemporary relevance in its application today.
Deuteronomy 24:1-4, seen in its larger context in the Book of Deuteronomy, constitutes legislation to promote and protect the rights of women and their dignity and self-respect. In its tolerance of, but self-expressed disapproval of, inequities afforded women due to the hardness of men’s hearts, this law points toward the day when such inequities will be resolved by a return to the Edenic pattern for marriage.
Richard Davidson, Ph.D., is the J. N. Andrews Professor of Old Testament at the Seventh-day Adventist Theological Seminary at Andrews University in Berrien Springs, Michigan, and Chair of the Old Testament Department.
1. Stephen A. Kaufman, “The Structure of the Deuteronomic Law,” MAARAV, A Journal for the Study of the Northwest Semitic Languages and Literatures, 1-2 (1978-1979):105-158.
2. Unless otherwise noted, all scriptural references in this article are from The New King James Version of the Bible.
3. Roy Gane, “Old Testament Principles Relevant to Divorce and Remarriage” (paper presented to Pacific Union Conference of SDA’s Divorce-Adultery-Remarriage Committee, 1993, revised 1995 for Syllabus for Andrews University class in Law-Covenant-Sabbath), p. 160.
4. R. H. Charles, The Teaching of the New Testament on Divorce (London: Williams and Norgate, 1921), pp. 21-23.
5. Mishnah, Gittin, 9.3.
6. Raymond Westbrook, “The Prohibition on Restoration of Marriage in Deuteronomy 24:1-4,” in Scripta Hierosolymitana (Jerusalem: Magnes Press, 1986), vol. 31, pp. 399-405.
7. C. F. Keil and F. Delitzsch, Commentary on the Old Testament in Ten Volumes. (Grand Rapids, Mich.: Eerdmans, 1976), vol. 3, 418.
8. S. R. Driver, Deuteronomy, The International Critical Commentary (New York: Scribner, 1902), p. 272.
9. P. C. Craigie, Deuteronomy, New International Commentary on the Old Testament (Grand Rapids, Mich.: Eerdmans, 1976), p. 305.
10. J. Carl Laney, “Deuteronomy 24:1-4 and the Issue of Divorce,” Bibliotheca Sacra 149 (1992):9-13. [11].
11. Jay Adams, Marriage, Divorce, and Remarriage in the Bible (Grand Rapids, Mich.: Zondervan, 1980), p. 62.
12. Raymond Westbrook, op cit., p. 389.
13. P. C. Craigie, op cit., p. 305.
14. Reuven Yaron, “The Restoration of Marriage,” Journal of Jewish Studies 17 (1966):1-11.
15. J. Carl Laney, op cit., p. 10.
16. Gordon Wenham, “The Restoration of Marriage Reconsidered,” Journal of Jewish Studies (1979), vol. 30, pp. 36-40.
18. Raymond Westbrook, op cit., pp. 390, 391.
19. William F. Luck, Divorce and Remarriage: Recovering the Biblical View (New York: Harper & Row, 1987), pp. 57-67.
20. Ibid., p. 62.
21. Ibid., pp. 59, 60.
22. William F. Luck, op cit., p. 62.
24. Calum M. Carmichael, The Laws of Deuteronomy (Ithaca, N.Y.: Cornell University Press, 1974), pp. 203-207.
26. Ibid., pp. 392-405.
27. Stephen A. Kaufman, op cit., p. 115.
28. Ibid., pp. 156, 157.
Jesus’ grounds for divorce are the equivalent of those practices that in the Old Testament met with the death penalty or being “cut off.”
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Professor explores new territory by bridging chemistry, biology
by Tien Nguyen, Department of Chemistry
Aug. 11, 2016 noon
In any given year, a synthetic chemist may set up several hundred chemical reactions. Many of these reactions will fail, so chemists temper their expectations.
But not Todd Hyster, a Princeton University assistant professor who joined the Department of Chemistry last summer.
"Todd gets really excited about these crazy ideas and he's always confident that it's going to work, even if we think it's a long shot," said Braddock Sandoval, a graduate researcher in Hyster's lab.
Hyster focuses his research on novel reactions at the merger of two areas in which he has extensive experience: classic organic synthesis, which uses small molecules that perform an expansive range of reactions, and biocatalysis, which uses large biological systems such as enzymes to execute only specific reactions, but does so very efficiently. Researchers at the intersection of these fields propose to modify powerful enzymes so that they can be used in more organic reactions.
The majority of the work in this area has come from biology labs that are well acquainted with wrangling complex biological systems, but the field hasn't seen the same level of engagement from chemists, especially in the United States. Essentially, chemists can have difficulty dealing with biological systems because they must learn how to grow cells and work with complicated enzymes. Yet, biologists may not know which of the thousands of possible reactions organic chemists would find most valuable and useful.
Hyster, however, can do both. As one of the few synthetic chemists who also understands biological systems, he is uniquely equipped to identify the reactions that would be most impactful for organic synthesis and make them happen.
"Todd has the ability to connect these enzymes to reaction mechanisms people aren't even thinking about," said David MacMillan, the James S. McDonnell Distinguished University Professor of Chemistry at Princeton. "He's at the vanguard of something new in biocatalysis and I think it's going to be incredibly exciting."
Todd Hyster, a Princeton University assistant professor of chemistry, focuses his research on novel reactions in an area just emerging among American chemists — the merger of classic organic synthesis and biocatalysis. Hyster emulates the relaxed style and flexibility of his mentors by letting students follow their own interests — he is hands-off, but always available to answer questions. Students in his group such as Princeton rising senior Norman Greenberg (left) work long hours in the lab and are eager to establish themselves as researchers. Hyster's confidence and excitement for the work has inspired them to set up reactions that they may not have tried otherwise. (Photo by C. Todd Reichart, Department of Chemistry)
Building up to biocatalysis
As a graduate student under the direction of Tomislav Rovis at Colorado State University, Hyster began research in transition-metal catalysis and, at the time, wanted nothing to do with biology. "I remember saying that I was 'repulsed' by biology," Hyster said with a laugh, "probably one of the most naïve things I've ever said."
It wasn't until his third year of graduate school that his attitude began to shift. He became intrigued by a conference presentation on using mutated proteins to catalyze a specific reaction and even chose the general topic — directed evolution — for his departmental seminar. Then Rovis went on sabbatical in France and presented Hyster with the opportunity to collaborate with a research group working at the interface of biology and organometallic chemistry at the University of Basel in Switzerland, opening a new area of research for the Rovis lab in biocatalysis.
Rovis recalled emailing Hyster late at night from Europe to pitch him the collaboration idea. The usual strategy to improve the reaction is to change the small molecule known as the ligand. Instead, Rovis suggested keeping the ligand constant and changing the reaction environment using a biological system developed by the group in Basel. Hyster replied the next morning that he loved the idea and was game to try it.
"He's someone who had the vision to see the real impact and potential of the idea, and who certainly doesn't pay attention at all to how hard it might be. That's the kind of researcher he is," Rovis said.
In order to make the collaboration work, Hyster spent four months in Basel in Professor of Chemistry Thomas Ward's laboratory learning how to work with proteins, ultimately bringing those skills back to the lab in Colorado.
"His fearlessness is his best quality," Rovis said. "It's what allowed him to embrace this new field that he had no prior experience with and successfully tackle the problem."
The resulting work — published in the journal Science in 2012 — was the first example of a biological environment that could be engineered to promote the formation of new bonds. The reaction took advantage of the extremely strong binding affinity between the large protein streptavidin and the compound biotin, which is referred to as "molecular Velcro." By attaching the ligand-metal complex to biotin, the researchers could lock the metal catalyst into the highly controlled binding pocket of streptavidin.
For his postdoctoral study, Hyster began to shift his focus onto biocatalysis. He joined the laboratory of one of the pioneers of biocatalysis, Frances Arnold, professor of chemical engineering, bioengineering and biochemistry at the California Institute of Technology.
In a 2014 paper published in the Journal of the American Chemical Society during his time in the Arnold lab, Hyster developed variants of the enzyme P450 — one of the most well-known enzymes that break down organic molecules in the liver — to catalyze a particularly unfavorable bond connection. In this type of reaction, known as an amination reaction, the catalyst typically breaks the weakest existing carbon-hydrogen bond to form the new bond. The specially designed P450 mutant, however, adopts a specific shape that favors the bond disconnection at the neighboring carbon, giving the researchers access to a reaction that would be difficult to accomplish by organic catalysis.
Focusing on the puzzles
At Princeton, Hyster is applying what he learned from his time in Rovis' and Arnold's labs in terms of both the science and mentorship. Their relaxed styles and flexibility in letting students follow their own interests were really effective, he said, and he hopes to emulate them.
Hyster is hands-off, but always available to answer questions, Sandoval said. The whole group works long hours in the lab and is eager to establish themselves in the research community. Hyster is very driven, Sandoval said, and his confidence and excitement for the work has inspired them to set up reactions that they may not have tried otherwise.
"If you pursue what you're most passionate about, I think that's when you can do your greatest possible amount of good," Hyster said. Pursuing his own passion is already starting to pay off. Since starting up less than a year ago, the Hyster lab is already preparing to publish research about an enzyme-mediated light-based reaction that hasn't been seen before.
Though pleased about these initial successes, for Hyster, the real satisfaction comes from the research process.
"I just like thinking about these problems. When I wake up, at home, all the time, it's what I enjoy thinking about and that's rewarding enough for me," Hyster said. "It's just an added bonus that these reactions might be valuable."
Princeton chemists teach an enzyme a new trick, with potential for building new molecules
Hyster, Stoddard named 2018 Sloan Research Fellows
Bright future: Unlocking the potential of light
Princeton engineering alumna Frances Arnold wins Nobel Prize in Chemistry
Princeton technique puts chemistry breakthroughs on the fast track
Chemists harness artificial intelligence to predict the future of chemical reactions
Modern alchemists are making chemistry greener
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VICE article on Aramark prison food service in MI quotes PLN
Vice.com, July 14, 2015. https://news.vice.com/article/michigan-is-booti...
Michigan Is Booting Aramark From Its Prisons, but Not Over Rat-and-Maggot-Tainted Food
By Colleen Curry
July 14, 2015 | 3:25 pm
The Michigan Department of Corrections is cutting its ties with the beleaguered food provider Aramark over contractual differences, in a development that comes after the company's allegedly unsanitary and unsafe working conditions made headlines in the state and around the country.
Aramark provides food for more than 500 detention facilities across America each year as well as 450 other venues, including colleges and hospitals.
The company has been accused of serving spoiled food or food that had come into contact with rodents and maggots. Last July, four Aramark prison workers in the state were fired for having inappropriate sexual contact with prisoners.
It was also fined $100,000 by the state in March 2014 for making unauthorized menu substitutions, as well as failing to address food shortages and employee misdeeds. In neighboring Ohio, Aramark was fined nearly $300,000 for issues relating to their service.
State representatives told local media that the early end to the three-year, $145 million contract from 2013 was due to contract negotiations that stalled. The contract had more than a year left on it.
Brom Stibitz, chief deputy director of the Department of Technology, Management, and Budget (DTMB), confirmed to VICE News today that Aramark wanted to make changes to the contract's billing agreement, and the negotiations broke down last week.
Today the state approved a new three-year, $158 million contract to Florida-based Trinity Services Group, which provides prison food service in 44 states, according to a statement from DTMB.
"The contract with Trinity will ensure uninterrupted food delivery service in Michigan correctional facilities," Stibitz said in the statement. "Michigan taxpayers will continue to save millions of dollars per year, with assurance that the state will receive quality service in return."
Aramark told VICE News that there had been issues on both sides that were difficult to resolve.
"We take full responsibility for all aspects of our performance while operating in a highly charged political environment that included repeated false claims," said a statement from the company.
"We mutually agreed to part ways," Aramark spokesperson Karen Cutler added in an email. "I'm not going to re-hash the past; there were issues on both sides and last year we were cleared by the State and MDOC of false claims. Bottom line, we know public-private partnerships work, as evidenced by the fact that our contacts were recently renewed in three other states."
The shakeup comes as the outsourcing of prison management and services to private companies has been generating increasing controversy. Problems have been reported among Aramark-contracted prisons across at least six other states. More than 100 verified reports of food shortages have led to security problems, while low staffing levels, meal substitutions, false reporting, and poor food quality have resulted in complaints from inmates and staff.
"Why did it take so long?" Alex Friedmann, managing editor of Prison Legal News, asked of the contract termination when approached by VICE News. Prison Legal News has regularly reported on problems with Aramark over the past several years.
"Given the horrific stories that came out of Aramark's food service for more than a year, if it was almost any other context the state would've acted much sooner," Friedmann remarked. "If Aramark was providing kids in schools with food with maggots, I don't think they would've waited so long."
Friedmann said the problem with privatized food service is that companies are looking to maximize profits and skimp on sanitation and hygiene in order to cut costs.
"Say what you will about prison food, it's universally bad whether it's public or private," he added. "But that being said, when you have DOC workers providing it, they are not incentivized to cut costs and to make money. They are simply getting paid their salary."
Aramark has lost contracts before but continues to find new jurisdictions to work in. Friedmann described how problems with the company are just one facet of a justice system which has outsourced "everything from the nuts to the bolts" to private companies, including transportation, food services, medical care, mental health services, private probation services, money-transfer services, and phone services. He cited research showing that in prisons that switch to privatization, rates of violence, staff turnover, and recidivism go up.
"It kind of speaks to the fact that a lot of people don't realize that a vast swath of our prison system is privatized," he said. "Basically we have sought to privatize or monetize every aspect of the justice system, which does in fact mean justice is for sale if you're one of these companies running these services."
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Breeland Speaks
Extra Points: Giants, Eli, Chiefs, Cowboys
July 12th, 2018 at 9:25pm CST by Dallas Robinson
To the dismay of many analysts, the Giants didn’t use the second overall pick on a franchise quarterback, instead opting to select running back Saquon Barkley, who figures to make a more immediate impact. Incumbent signal-caller Eli Manning, however, was — perhaps obviously — pleased with New York’s decision not to draft his successor. “It was kind of a vote of confidence in that they trusted in me that I can play at a high level, can win games, take us deep in playoffs and win championships and win championships still,” Manning said, per SiriusXM NFL Radio. “And you know what? I want to prove them right and I want to make them look smart and make them to have made the right decision in doing that.” The Giants are going all-in with Manning under center, and are hoping new head coach Pat Shurmur can do for Manning what he did for journeyman Case Keenum in Minnesota in 2017. Last year, the 37-year-old Manning finished just 23rd in both adjusted net yards per attempt and passer rating.
Chiefs second-round defensive end Breeland Speaks had been on Kansas City’s radar for awhile, as general manager Brett Veach explained (link via Josh Norris of Rotoworld). After initially grading Speaks as a third-round pick, the Chiefs quickly realized that not only would Speaks likely be off the board by the time their third-rounder came up, but he might not even be available when Kansas City selected at No. 54 in the second round. Therefore, the Chiefs sent a third-round pick to the Bengals for the right to move up to No. 46, and took Speaks — an Ole Miss product — there instead. Speaks, whom Veach characterized as a “high-motor, intense player,” will vie for rotational snaps in Kansas City’s 3-4 scheme behind starters Chris Jones and Allen Bailey.
Defensive tackle Maliek Collins isn’t a lock to return for the Cowboys‘ Week 1 contest after breaking his foot in May, and if the third-year interior defender doesn’t recover quickly, he could lose his starting job to trade acquisition Jihad Ward, according to Jori Epstein of the Dallas Morning News. Collins underwent a similar foot operation in January and underwent a foot procedure in the 2016 offseason as well, so he’s no stranger to lower extremity issues. Collins, who was selected in the third round of the 2016 draft, is even more critical given that fellow defensive tackle David Irving is suspended for the first four games of the season. Ward, meanwhile, managed to play in only five games a season ago before being shipped to Dallas in exchange for wideout Ryan Switzer.
The Alliance of American Football will offer players non-guaranteed three-year, $225K contracts, which puts them in line with the XFL’s pay scale, writes Mike Rodak of ESPN.com. Additionally, AAF players will be allowed to leave their contracts in order to join the NFL, indicating a policy which differs from that of the Canadian Football League. The AAF will allocate players to rosters based on where they attended college, which should help draw fans. “If the Birmingham teams has [former Alabama running back] Trent Richardson, we think that will be something that would be a significant gate attraction,” league co-founder Bill Polian said.
Jihad Ward
Maliek Collins
Draft Pick Signings: 5/24/18
May 24th, 2018 at 7:31pm CST by Andrew Ortenberg
Here are today’s second-tier draft signings:
The Buccaneers signed their second-round pick, cornerback Carlton Davis from Auburn. Davis was a three-year starter for the Tigers, earning a first-team All-SEC selection as a senior. An average athlete with good size, Davis will slide in behind Brent Grimes, Ryan Smith, and Vernon Hargreaves on the depth chart. The Bucs likely see Davis as the eventual successor to the now 34-year old Grimes.
Second-round linebacker Breeland Speaks signed his rookie deal with the Chiefs. Left without a first-round pick in the 2018 draft due to last year’s Patrick Mahomes trade, Speaks was the team’s first selection. Speaks played defensive tackle and defensive end in college, but the Chiefs plan to line him up at outside linebacker. Playing at Mississippi last year, Speaks generated seven sacks. He’ll initially be competing for playing time behind veterans Justin Houston and Dee Ford.
The Jaguars agreed to terms with third-round safety Ronnie Harrison on his rookie deal. Harrison was one of a slew of Alabama players selected in last year’s draft, and is looking to be the latest in a long line of Crimson Tide defenders to become stars in the NFL. Harrison was always a great player in college, but underwhelmed athletically with his testing at the combine. Harrison will play strong safety for the Jaguars, and is yet another piece added to their already dominant defense.
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04/09/19 by PSA
Darcie Dennigan has been chosen for The Happy End, an athletic performance piece, an adaptation of Mónica de la Torre's collection of poems The Happy End / All Welcome (Ugly Duckling Presse, 2017), performed at the Wilbury Theatre as part of the Providence Fringe Festival in 2018.
This year's judge was Matthea Harvey.
The prize of $1000 is awarded to poets and their collaborators for venturesome, interdisciplinary work made in the previous year and combining poetry and any other art or discipline. It was established by the children of Anna Rabinowitz to honor her boundless curiosity, creativity, and artistic accomplishments.
Matthea Harvey writes: Darcie Dennigan's The Happy End, an athletic performance piece, adapted from Mónica de la Torre's The Happy End / All Welcome jumps off the page onto the stage, sparkling with wit and absurdity. Given that de la Torre's book drew inspiration from Martin Kippenburger's exhibit, The Happy End of Franz Kafka's Amerika (Amerika was Kafka's unfinished novel), it seems fitting that Dennigan takes on yet another transformation. In The Happy End, Dennigan presents a frenzied job application process, with the various characters (including a recruiter, yesman, two applicants and an ingenue) dashing between chairs and roles as they apply for a job as a lifeguard, armchair psychologist, line cook, guerilla advertiser and furniture tester and unpaid intern at an experimental theater company. Audience-inclusive, crammed with puns and business-speak terminology like "operational efficiencies" and "synergy"—The Happy End left me breathless and looking at my own "office chair" with new eyes.
Participants in the production:
Beth Alianiello is an actor based in Providence, RI, and a member of the award-winning Out Loud Theatre Ensemble. Recent shows include The Wilbury Theatre Group's The Skin of Our Teeth and The Pleiades.
Stine An is a poet, stand-up comic, and technical writer based in Providence, RI. Her work has been published in Ohio Edit, Nat. Brut, and the Best American Experimental writing series. Stine studied writing at the Milton Avery Graduate School of the Arts at Bard College and will be an MFA candidate in Literary Arts at Brown University.
Kate Colby is the author of seven books of poetry, including I Mean (Ugly Duckling Presse, 2015) and The Arrangements (Four Way Books, 2018) and a book of essays Dream of the Trenches(Noemi Press, 2019). She has received awards and fellowships from Harvard's Woodberry Poetry Room, the Poetry Society of America, and the Rhode Island State Council for the Arts. She grew up in Massachusetts and lives in Providence.
Cody Curran sings for Soleilune, a Providence-based band, and is the founder of The Sovereignty School for Love.
Darcie Dennigan is a poet and playwright, and the author of four books, including The Parking Lot and Other Feral Scenarios. From 2011-2016, she was the founding director of Frequency Writers, a nonprofit literary community in Providence, RI. For Providence Fringe Festival 2016, she directed a version of Kate Colby's book-length poem "I Mean." And for Providence Fringe Festival 2015, she created a version of her own short play Dandelion Farm with the Dandelion Farm Ghost Ensemble.
Matthew Derby co-wrote Gimlet Media's latest serial fiction podcast, Sandra, starring Kristin Wiig and Alia Shawkat. He previously collaborated on The Silent History, the first major exploratory, interactive novel designed specifically for the iPad and iPhone, which is available in a print edition from FSG. He is also the author of Super Flat Times: Stories (Back Bay Books). His writing has appeared in McSweeney's, Conjunctions, The Believer, Fence, and Guernica.
Carl Dimitri is an artist, illustrator, and musician. He is represented by Tabla Rasa Gallery in Brooklyn, and is the bass drummer for the Scruffy Aristocrats, a street brass band.
Zoe Guttenplan is a poet and bookmaker who has been directing youth theater since she was 17. Most recently, she played Bottom in A Midsummer Night's Dream. She lives in Vermont.
Mónica de la Torre is a poet, translator, and scholar who was born and raised in Mexico City. She earned a BA from the Instituto Tecnológico Autónomo de México and, with the support of a Fulbright scholarship, relocated to New York in 1993 to pursue an MFA and a PhD in Spanish literature at Columbia University. She is the author of six books of poetry, including The Happy End / All Welcome and Feliz año nuevo, a volume of selected poetry published in Spain (Luces de Gálibo). She teaches in the Literary Arts program at Brown University.
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Falconer, Melendez, León, Murillo: A Latino Quartet
Hearing Marvin Gaye from a passing car, he understands that the poem won't answer the question of who his father was or right a wrong. The poem, like the song, like a moan, is the response to the "beat-downs" and the "breaks in life," which are what really measure a man. So, I like to think of the poem as this "bone of a question" uttered, the throat temporarily cleared
—Blas Falconer
You gild this slippage and make it something lovely and poignant, at the same time it is lamentable. I'm thinking of your "A Warm Day in Winter," among other examples in The Foundling Wheel. The vibrant iambs that flow against the too-firm dactyl of "sterile and..." in "I fed you through the late hours in a room / sterile and cold" (as the speaker addresses a child who will "not / recall any of this") lovingly preserve the work of infant care for our collective memories.
[I]n the loss of "Catamite," the speaker learns that a friend has been diagnosed with HIV, there is a lightness in the communal; there is also a recognition of strength: "Where do you get the strength to be you?//(...) You told me the slur/ your boss drooled out, a new one/ for you, an old one from The Book.// (...) Oh! We chuckled." Here, the speaker lives within memory, calling attention to the preciousness of shared experience. It is a poem that beholds loss, holds it right out front for us to witness, but I don't come away with darkness or depression.
—Raina J. León
When Raina writes of "The Disappearance of Fireflies," what she's really lamenting is the loss of innocence. Nothing "experimental" or snarky in this poem, just pure corazón. And craft. Her lines are well wrought, her imagery vivid. And the effect is that this poem breaks my heart every time I read it. And in causing me to feel, it humanizes me. Each and every time.
—John Murillo
Back in the Fall of 2011, in the preface to the first "Latino/a Poetry Now" (LPN) roundtable, I wrote: "[W]e want the poets, prior to starting the roundtable, to make sure they have read one anothers' work; we want to create a space where they can specifically reference each others' poems... And so we arrange for the poets to receive each others' work…"
For this our fifth and concluding installment, it meant making sure our poets each had: The Foundling Wheel by Blas Falconer, Boogeyman Dawn by Raina J. León, Flexible Bones by Maria Melendez, and Up Jump the Boogie by John Murillo.
This desired and added nuance (getting the poets to talk about each others' art) was brainstormed and forged during a phone conversation I had with Maria Melendez well over two years ago. She had accepted the task of shaping and moderating the first LPN discussion, which featured Rosa Alcalá, Eduardo C. Corral, and Aracelis Girmay. But there's more: it was also Maria Melendez who had previously curated, convened, and moderated what I often refer to as the mega-roundtable that got Letras Latinas and PSA started on this kick—a gesture that included no fewer than eleven poets, and which we called, simply, "Latino/a Poets Roundtable." But that pilot gesture centered around the question of "Latinidad," whereas the five "Latino/a Poetry Now" web conversations that followed have aspired toward something else: poets talking about their work, of course, but also talking about each others'. As I mentioned in a previous preface, we'll leave it to readers to decide for themselves how each of these five roundtables fared on that particular score.
The excerpts I plucked and placed above as epigraphs speak, I think, to how I feel we fared.. Right now, however, it's time to take a deep breath and ponder what we set out to do, have done: offer, over a two-year period, two things: five public poetry events at Harvard, Georgetown, Macalester, U of A, and Notre Dame, respectively. But also: a sampling of the thinking and poetics of fifteen contemporary poets from a newer generation of Latino/a writers. We have in mind exploring the possibility of gathering these conversations into a book, with a selection of poems from each poet, particularly the ones that are referenced in the roundtables themselves.
As with each of these, there are people to thank. First, to Blas, Raina, Maria and John for hitting this roundtable out of the park! Brett Fletcher Lauer, the Deputy Director of the Poetry Society of America (PSA), has been with us from the start offering his web expertise in ushering these five discussions onto the PSA website. Alice Quinn, of course: thank you for saying Yes to this initiative back when Rob and I first conceived of it, oh, in 2009-10 thereabouts. More recently, Charif Shanahan, the PSA's Programs Director, has offered logistical support from New York. And finally: a special thanks to Lauren Espinoza, MFA candidate at Arizona State University who I had the pleasure of befriending in Austin a couple of summers ago. To use another term from baseball: she has proven to be the best "closer" we could have dreamed of—with her beautifully articulated and synthesized questions and follow-up prompts. And since this is our fifth and final roundtable, let me take a moment to mention those moderators who came before Lauren: Maria Melendez (1), Lauro Vazquez (2, 3), and John Chavez (4). It's been a great ride. Gracias.
Francisco Aragón
Institute for Latino Studies
Lauren Espinoza: Having read through each of your collections, I am both surprised and not really surprised to see how your works speak to one another in a profound way.
One striking vein of similarity is the way in which your poems deal with loss of some sort, whether that be loss of a home through change or the actual death of an individual or the loss being metaphorical. Do you think that loss as an idea is important to engage with; or, is it something that's inescapable? Also, when writing about loss, there seems to be an almost too natural inclination towards oversentimentality. Your works, though, don't seem to suffer from that. How do you achieve this sense of loss in your poems without becoming too emotional about it? Also, when you recognize loss in the work of others do you find yourself with a certain affinity to it, or a cautious stepping away?
As an extension of loss, there is absence. Within your poems there is a sense of presence in this absence, though. This takes a particular amount of craft and forethought. Once you have read through a collection that holds up this gaping openness, do you find yourself exhausted or taken care of by the author? How do you remain attendant of or beholden to this absence either within or throughout your own creative process? Taken in another sense, your works pursue a question(s) that remains unanswered. Oftentimes, poems find themselves ending with a door slam, a sort of assuredness of finality; many of your poems refuse to come to an end so easily, the poems themselves do not provide their own answers. Is there a particular subversion that you enact by remaining present in the face of the unanswerable?
Blas Falconer: Okay, well, I guess that I'll start. These are great questions, Lauren. When poems of loss become sentimental, often the problem is that the reader hasn't been given enough to fully grasp what has been lost, so the poem seems emotionally affected, the poet self-important. In this case, sometimes, the easiest solution is to describe the circumstances in such a way that makes the response seem appropriate. Raina's poem "On the football field," for example, powerfully conveys the sense of anguish that the boy feels, that his family feels, not by focusing on sentiment, but by describing in vivid detail the circumstances—a fight at the game—that crush him. We understand the sister and the mother who are powerless to help. I can identify with the way the poem resonates emotionally because I can imagine myself responding similarly in the same situation.
If the conflict or loss seems contrived, then the slightest emotion will probably come across as sentimental. I suspect that Maria was wary of this in "Behind Every Good Soldier." In the poem, the speaker recalls the night when a beloved asked her how her opinion of him would change if he killed someone. The speaker acknowledges that the soldier's question "sounds too scripted," but she assures us that he really did ask her. The speaker becomes even more convincing when she goes on to recreate the scene with specificity (how plants "surged against his little yellow house"). A flatter music, at times, as well as a range in diction ("tropical whatnot") and tone (including humor) work, also, to create a rich, fully realized experience, thereby dispelling any sense of sentimentality or self-importance.
Regarding the issue of loss being an inescapable topic and of unanswered questions in poetry, I had a professor once say that every poem that he's ever written is really somehow about his father, though his father isn't mentioned in most of his work. So maybe it's true that those irreconcilable conflicts, those losses deeply embedded in the psyche, bring many poets to the page, again and again; however, in my experience, very early on in the writing process, the poem becomes the question or the problem that I'm trying to answer or solve through metaphor, line, diction, syntax, and other devices. How does it want to be written? To say it another way, in writing about his father, my former professor may gain some new understanding about their relationship, but the aim isn't to answer a question through the poem. The aim is to articulate the "question" or conflict.
I can't help but think of John's poem "Trouble Man." It begins with "the bone of a question" in the speaker's throat. He has left his lover and is thinking about his father's absence, how his father suffered. Hearing Marvin Gaye from a passing car, he understands that the poem won't answer the question of who his father was or right a wrong. The poem, like the song, like a moan, is the response to the "beat-downs" and the "breaks in life," which are what really measure a man. So, I like to think of the poem as this "bone of a question" uttered, the throat temporarily cleared.
Maria Melendez: Poem as "bone of a question"—I love it! Inspiration can have that physical, jabbing quality—especially if one attempts to dodge the nudgings of one's muse.
Lauren, your question about whether loss is "important to engage with" or "inescapable" as subject matter brings a yes—to both—from me. Loss is one vivid color on the emotional palette. I have a continual anxiety over wanting my writing to reflect an aesthetic balance between loss and light, no and yes. I often worry that I'm too heavy on the "no's" and the losses—and I think this is something that readers, generally, may fear from poetry. At least I do—I'm glad you asked about when/whether we feel an author has "taken care of" the reader, because I do wonder, when opening a book of poetry, if I'm going to be asked to be put through something, to endure something, without enough corresponding sense of healing, hope, or uplift.
For a book-length example of being taken through something and redeemed with just enough hope and beauty, I look to Louise Gluck's Vita Nova, a gem in the poetic sub-genre of "divorce books."
Blas, how kind of you to mention "Behind Every Good Soldier." There is such a churning in my gut when I think of the emotional gunpowder at the point of that poem's ignition, and it is a challenge to modulate that churning into something shapely. When you write about loss, Blas, I'm touched by how you paint the slipping away of childhood memories of parental care. You gild this slippage and make it something lovely and poignant, at the same time it is lamentable. I'm thinking of your "A Warm Day in Winter," among other examples in The Foundling Wheel. The vibrant iambs that flow against the too-firm dactyl of "sterile and..." in "I fed you through the late hours in a room / sterile and cold" (as the speaker addresses a child who will "not / recall any of this") lovingly preserve the work of infant care for our collective memories. However fraught our adult recollections of our experience of being parented may be, there is always this foundation—we were fed—resting as a near-forgotten key to understanding, beneath them.
Raina J. León: I also have to compliment on the questions (Lauren Espinoza) and acknowledge this opportunity to work with such luminaries as Blas Falconer, Maria Melendez, and John Murillo. I believe in the divine and the manifestations of the divine in life. I see that in this opportunity to share with and learn from you all.
As Maria, I, too, think that loss is inescapable and important to write, but not immediately. There are poems that I cannot write, because I am still in the moment of loss. My dear nephew, Aidan, passed away last year at 58 days old. I can still hear my other-mother crying out, "Oh, Jesus!" I can feel his un-weighted body in my arms, the first and last time I held him. I can still see his hand wrapped around one finger, feel the pressure of him grip and then release in what may have been pain or dream. There are a thousand poems in that journey with family, a family that pulled together in such an intimate crisis of loss, but I can't write those poems yet. I am still pacing the yellow-painted halls of a hospital wing. I haven't yet opened the heavy doors and seen them, known them, closed. The stories that prick, a slice of steel through the heart, are the ones that most resonate and that are most needed, perhaps not for the author, but for someone. Someday, I will write the poems.
It does require some distance to write works steeped in loss, though. As an example, I go to Blas's "Maybe I'm not here at all." It is such a powerfully and resounding poem: "When I was young, a bus ran into a tree,/ and children flew for the first time,// their hands open and stretched in front of them./ (...) Could this/ be true? They sawed the driver's head free// from the wheel. I remember her brown curls./ I loved her." Here the speaker travels through the curls of memory to a childhood occurrence, connecting innocence in flight of dream to the violent flight of the body. We later have a gruesome sight, the physical extraction of a driver from the wreck, and that image is all tangled in the loss of love, perhaps the first in the speaker's life. It is an extraordinary moment and tension, but I am not lost in the sentimental. I am guided carefully through the lines, the couplets that give me just as much as I can handle before the visual break of white space. Blas also sustains this tension as well between the loss itself and the careful writing about it.
John masters this tension, too, in "Flowers for Etheridge." In one passage of the poem, the speaker takes ownership of the ancestral memory, as writer and as descendent of slaves: "It's a poet's simple duty to make pilgrimage. To lay/ Flowers on the graves of other poets, Levis,/ When in Rome, stopped by to see Keats, his name//(...) Water's/ What brung us here. Water's what swallowed// The bones sucked by the sharks that followed/ The boats; when pregnant women leapt instead/ Of staying the journey." I love that the speaker in this poem draws out attention to the connection of lineage, the literary and the genealogical. There is such a strong presence in being a part of memory, claiming that belonging.
In Maria's work, Flexible Bones, as a reader, I feel supported. Even in the loss of "Catamite," the speaker learns that a friend has been diagnosed with HIV, there is a lightness in the communal; there is also a recognition of strength: "Where do you get the strength to be you?//(...) You told me the slur/ your boss drooled out, a new one/ for you, an old one from The Book.// (...) Oh! We chuckled." Here, the speaker lives within memory, calling attention to the preciousness of shared experience. It is a poem that beholds loss, holds it right out front for us to witness, but I don't come away with darkness or depression.
This is different in my book, Boogeyman Dawn. I often describe it as a dark book. There are very few moments of release, but I did this purposefully. I want to shake the reader up with the hope that this will lead to action. Perhaps this hints at that "presence in the absence." It is also my way of subverting the status quo. But Lauren, your note about feeling exhausted or taken care of by the author is well taken. There needs to be some catharsis within the poem or the book, an intensity that leads to release. To use another metaphor, I imagine the string of a cello, bowed into song. Pull the string more and more taut, and the sound becomes higher and higher. Eventually, the string breaks, and there is no putting it back together again. I don't want to break my readers, but there are definitely some tough journeys we have to take together if we seek to make any positive change in the world.
John Murillo: Yeah, I don't know. I really don't think much at all about either exhausting or taking care of my reader. It's hard enough just to write a poem that doesn't suck. I write what I'm able, put it out there, and—like Jamie Foxx's Ray Charles said—"let it do what it do."
Besides, can a poet really take that much responsibility for the emotional well-being of her/his reader? We can no more anticipate how a reader may respond to our work than we can diagnose whether this response is healthy or un-. For instance, Raina calls Boogeyman Dawn a dark book. But maybe that darkness—all that sweet sweet duende in her work—provides the catharsis I need to get me to a better place. She, therefore, might be said to have done me a greater service than if she had set out to anneal me. Similarly, another poet with a mind to lifting me up might just push me into an inescapable despair. (Who can bear listening to Bobby McFerrin when what you need is Sade?) You never know. And it's too much to worry about.
Nor do I trouble my mind too much about being too emotional. Seems when so many are trying to be hip, cool, and clever, American poetry could use an injection of emotion. No, the problem isn't sentimentality, but false sentiment. And like Blas said, it's a matter of craft: If the poet hasn't given the reader enough reason to care, then the poem fails. It's not that there's too much emotion, just too little technique.
As for engaging loss, I'm all about that life. Though I do have a few poets I go to whenever I need uplift, my favorites have always been what some would call elegiac. Bluesmen and blueswomen. In my view—though they might disagree with me—Raina, Blas, and Maria move in this tradition.
Likewise, in "Love Song for a War God" (a poem I can't read without thinking of Shango), Maria uses the compression that sonnets demand to both enact and instruct us about suffering. We learn "that all men's tears are not created equal." And maybe this is what I love about the elegiac. How can one not read this and feel that he has been made at least a little more wise? Maria may disagree with me on this, but I feel it's sometimes enough just to present the suffering, the loss and the heavy "no's" she mentions. The reader will find his or her own way to the light and the "yeses".
Or else he won't. Again, all we can do is put it down.
In Blas' ekphrastic poem, "The Annunciation", the artist poured himself into the canvas and sought to convey all the magic and mystery of one of the most important moments in biblical lore. In the end, though, all the critics remembered were the flaws and the lacks.
We do what we do. Then, it is what it is.
Lauren Espinoza: What you've all done here so far is really exciting. I'm particularly interested in how Blas & Maria both said, to a differing extent, that poems do not function to answer questions. Rather, the questions that lie beneath the poem become the poem. Do you all think that these two ideas combine with the "sustained tension" that Raina mentions? I can see how the tension that lies beneath a poem necessitates, what Raina calls, a "powerful release". Would you say that poems that don't have this tension or don't provide this release suffer from too little technique, as John says? Or, is there a larger movement in American poetry to be, as John puts it, "hip, cool, and clever" that navigates away from this?
Blas Falconer: When I read your prompt about a poem's "sustained tension" and "powerful release," Lauren, I was reminded of a recent conversation I had with a fellow poet.
"A poem must have a spring," she said, which I took to mean that it must act like the mechanical device—as opposed to a water spring—wire wound into a cylinder, that can absorb and release energy.
Whether or not a poem needs a spring is debatable, but for our purpose, the analogy is useful, considering how the various poetic elements can press down on the coil, creating more tension. Narrative, for example, can do this by increasing the stakes, but if the timing isn't right, if you go on too long or gloss over something important, the story can lose its power—like a poorly told joke. Imagery, line, syntax, and music might also work together to set the spring. The final turn is what often releases the tension and creates a sense of closure.
In The Foundling Wheel, I tried to set and release the spring in various ways. For example, the title poem uses a series of images to convey the fear, anxiety, sadness, and ultimate joy felt during an adoption for both the birth mother and the adopting parents. "Maybe I'm Not Here at All" relies primarily on two different narratives to set the spring and one direct address to release it. The first narrative imagines a car crash before help has arrived, the two drivers thrown to either side of the street. The second story is from childhood, a school bus accident that caused serious injuries for the children and the driver. The final turn releases the spring by addressing the beloved, who sleeps in the bed beside the speaker. By giving the context of the situation and motivation for the other narratives, the tension is released. "Lighter," the penultimate poem in the book, sets the spring by trying to convey the multiple definitions of the title. After a couple of similes, the speaker tells of a night when he woke up to care for the crying child and found his partner there, first. In that moment, the speaker sees his partner differently and the burden that he had felt grows lighter because the two parents have come together to comfort their fevered son.
Maria Melendez: I think what Lauren refers to as "sustained tension" is what I call "urgency." That's a sense, in a compelling work, that this poem had to exist, that it elbowed its way into existence against the anti-creative forces arrayed against it. AND, it's the pull a poem exerts on the reader from one line to the next. A poem with urgency is a the verse equivalent of a prose page-turner. Lauren's probing about what imbues a poem with urgency (sustained tension) is the work of many lifetimes, testing and trying things out, as poets do. So far, in my own bag of urgency inducing-tricks, I've identified: the placement of actual unanswered questions within the poem (wink wink, Lauren), the use of enjambment, the process of accessing deep inspiration, the building of rhythms that tug on and jostle each other, the liveliness of variation within sonic or imagistic patterns of repetition, and the deployment of subject matter with high emotional stakes.
Poems and poets have been my teachers in each of these areas, and each area, individually, could offer a lifetime's worth of exploration. For example: I had spent a solid couple of decades focusing on sonic patterning in my composition and revision practice, largely focused on vowel sounds. But guess what I discovered last year? Consonant blends! Some poets are naturally (or craftily) agile with them, but it took me damn near twenty years to awaken to them to the point where I could write a line like "climbing, clinching, clocking" (which appears, by-the-by, as a list of sins I want back from Jesus, who is purported to have taken them away). I know. Alliteration. Duh! But for some reason, I'd only thought to consciously handle individual vowels and individual consonants, one by one....The take home for me is that there can always be areas of writing that invite me to continue learning and growing, when I walk, swim, or cartwheel through new territory. I find the limitless potential for learning to be an utter excitement in the work of writing.
Raina J. León: I continue to be interested in this idea of "sustained tension", the "spring", the "urgency". Recently, I went to a reading of MFA graduate students. Within much of what I heard, there was an urgency. During readings, I am the poet who is constantly writing. Part of it is from my own difficulty with attention; I must do three to five things at once to do one well. Focusing on one task is extremely difficult for me, including listening, so during readings, I am often writing down the lines that touch me most, the ones to which I must respond with a moan, grunt, ululation, or clap. There was one writer whose work transfixed me so deeply that she caught my whole attention, truly a rare occurrence. I was caught in the narrative from the first words she uttered until the last. At the same reading, there was a poet whose work found no hold within me. There were those who responded with the moans of recognition, but with each poem, I felt nothing. I had no connection to the words, images, concepts. I found myself writing in my journal, Where is the urgency? What is there at stake? I came away from the experience empty. Sure, emptiness can be pleasure, bliss, peace, and transformation, particularly as a product of meditation or catharsis, but the emptiness within that moment was blank. I have no desire for my reader to come away with nothing, but I suppose, as John said, in the end the poem do what it do.
As for my process in cultivating that "sustained tension", I agree with Maria: I write the poems that push themselves out into the world, all elbow and knee and fist. Now, on a dance floor, that might get an elbow back from me, but with the literary presence, I respect the shove into being. The poems that whisper are harder for me. They come in the small moments and are insistent in their own ways. They push me to speak with spirit. They won't let me sleep in the night, only leave me in the day when the light shines, and they are out on adventures in shadow and light play.
The sound of my poetry, particularly that with a pronounced sense of urgency, replicates music. In "Amanecer", the music within the lines is slower, sultry in the shifts, while "Surviving the burn" has movements. The third section I imagine as clash of cymbal and beat of bass drum, the sound of bones being broken and flesh bruised. The speaker in that section violates and is violent; he comes within a harsh rhythm, because he has no mercy in his purely selfish designs. The sound, the music of the line, must support the tension as truly as the image does.
John Murillo: I agree with all this. If a poem has no urgency, I can't be bothered. (Writing this, I'm reminded of all those books in my library I still have yet to read. I'm talking good books, important books. Because I came to poetry so late in life, and because there is so much good stuff out there, it's quite possible that I could die without ever having read even a fraction of the best. So why waste time laboring through some snarky, deliberately opaque, cerebral-for-cerebrality's sake, B.S.? Ain't nobody got time for that.)
As to your question, Lauren, whether it's a matter of technique or a conscious movement toward hipness, I'd say it's a bit of both. Like that dude who goes to a party just to hold up the wall? He probably would boogie if he knew how. But he doesn't. So he stands stiff and calls it cool. You get enough of these awkward boys taking up space on the dance floor, and after a while, it's the people who are actually dancing, or at least trying to, that become the oddballs.
So, yes, there's definitely a movement afoot. Two left. And too lazy to learn steps.
And one must learn. Maria says she spent twenty years working on a specific element of her craft. Twenty years! That's the kind of dedication required to really learn how to do this well. But most aren't as interested in writing well as they are in publishing widely. And early.
And this is another—different, but related—source of the problem: Pressure to publish young. This, too, is a kind of urgency. But it's one that serves the ego, rather than the work.
I can look at my first book now and see where I rushed. I can also see where I took my time and still failed. Having been written in and for workshop, many of the poems are severely underdeveloped. The best poems are only any good because they're derivative of better poets. The manuscript as a whole could have used a couple more years, I think. But I wanted to publish. I was approaching my fortieth year and, it seemed, everyone else in my age group was working on second, third, or fourth collections. I felt like I needed to get something out. And, as a result, the work suffered.
I'm in a different place now. I've accepted that I'm too old to be a boy wonder. My Keats years, my Tupac years, are well behind me. My only hope now is to put in the proper hours and hope to put something down worth reading. Even if the hours amount to years, and the years decades.
As for my craft—techniques, strategies, ways to do the damn thing well—I'm still figuring that out, still learning. Late in life, sure. But what else is there to do?
Blas Falconer is the author of two poetry collections: The Foundling Wheel (Four Way Books 2012) and A Question of Gravity and Light (University of Arizona Press 2007). His poems have been published in various literary journals and featured by Poets and Writers, Poetry Daily, The Poetry Foundation, and Poetry Society of America. A coeditor of The Other Latino: Writing Against a Singular Identity (University of Arizona Press 2011) and Mentor and Muse: Essays from Poets to Poets (Southern Illinois University Press 2010), he teaches at the University of Southern California and in the low-residency MFA at Murray State University.
Raina J. León is the author of, Canticle of Idols (Word Tech 2008), a finalist for the Cave Canem Poetry Prize and the Andrés Montoya Poetry Prize. Her second book, Boogeyman Dawn (2013), was a finalist for the Naomi Long Madgett Prize and has been published by Salmon Poetry. She is co-founder of the online quarterly journal, The Acentos Review and continues as its editor-in-chief. She has received residencies with the Macdowell Colony, the Vermont Studio Center, Ragdale, and the Tyrone Guthrie Center in Annamaghkerrig, Ireland and others. She is currently an assistant professor of education at Saint Mary's College of California.
Maria Melendez is author of two poetry collections from University of Arizona Press: Flexible Bones, a Colorado Book Award Finalist, and How Long She'll Last in This World, a PEN Center USA Literary Award Finalist. Her work appears in numerous anthologies, most recently Gathered: Contemporary Quaker Poets. Her essays appear in Sojourns, Ms. magazine, and elsewhere, and she is currently at work on a mystery novel set in the redwood country of Humboldt County, California. She has been a fellow at the Saint Mary's College Center for Women's InterCultural Leadership, and is currently on the faculty at Pueblo Community College.
John Murillo's first poetry collection, Up Jump the Boogie, was a finalist for both the 2011 Kate Tufts Discovery Award and the PEN Open Book Award. His other honors include a 2011 Pushcart Prize, two Larry Neal Writers Awards, and fellowships from the National Endowment for the Arts, the Cave Canem Foundation, the New York Times, the Wisconsin Institute of Creative Writing, Bread Loaf Writers Conference, and the Fine Arts Work Center in Provincetown, Massachusetts. Currently, he serves on the creative writing faculty at New York University.
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Cheney's new book takes 'cheap shots' at his former colleagues, Powell said. | AP, Reuters
Cheney defends comments on Powell
By MACKENZIE WEINGER
Former Vice President Dick Cheney on Tuesday defended comments in his new memoir about Colin Powell, saying his take on the former secretary of state is “basically all very positive” and noting that he supported him for promotion to various military positions.
Cheney, whose long-anticipated autobiography “In My Time: A Personal and Political Memoir” hit shelves Tuesday, sat down for a live interview with Matt Lauer on the “Today” show. Lauer did not directly ask Cheney to respond to Powell’s criticism this weekend that the former vice president’s book takes “cheap shots” at him and some of his other colleagues from George W. Bush’s administration.
Lauer asked Cheney about parts of the book where he takes Powell to task for his opposition to the Iraq War. Cheney responded that in the three chapters in which he details his tenure as secretary of defense working with Powell, “there’s a lot of very positive stuff” and noted that he recommended the general for several jobs in the military.
“So there’s a lot of very positive stuff in there, but a balanced account also requires me to put down what my opinion was and that’s what I’ve done,” he said.
On CBS’s “Face the Nation” on Sunday, Powell ripped Cheney for many of the book’s jabs at members of the Bush team.
“It’s not necessary to take these kinds of barbs and then try to pump a book up by saying, ‘Heads will be exploding,’” Powell said. “I think it’s a bit too far. I think Dick overshot the runway with that kind of comment, if that’s how he plans to sell his book.”
“They are cheap shots,” Powell said.
Powell also disputed the book’s claim that Cheney pushed him out in 2004, saying that it was his decision to leave the administration at that time.
“It was clear by 2004 that the team was not functioning as a team,” Powell told “Face the Nation.” “And we had different views, and not just views, not views that could be reconciled. And so I said to the president that I would be leaving at the end of the year, after the election, and he ought to take a look at his whole team to try to resolve all these issues.”
In the book, Cheney takes swipes at Powell’s successor as secretary of state, Condoleezza Rice, as well as former CIA Director George Tenet. In one passage, Cheney writes that Rice “tearfully” admitted she had been wrong to push for Bush to apologize for inaccurately alleging that Iraq had attempted to obtain yellowcake uranium in Niger.
Earlier in the “Today” show interview, Lauer asked Cheney to discuss his term in office, during which he was deemed everything from skillful to the most divisive vice president ever.
“You left out Darth Vader,” Cheney said.
Cheney added that critics “extracted a pound of flesh” due to his advocacy of “controversial policies in order to keep the country safe.”
Meanwhile, the former vice president also defended waterboarding, saying the practice was used on individuals who “were not American citizens.”
“It’s important for us not to get caught up in the notion that you can only have popular methods of interrogation if you want to run an effective counter-terrorism program,” Cheney said. “The fact is it worked. We learned valuable, valuable information from that process and we kept the country safe for over seven years.”
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You are here: Home / Coming Up / Seminar: Andrew Foster - Brown University
Seminar: Andrew Foster - Brown University
Household Recombination, Retrospective Evaluation and Educational Mobility over 40 years
1101 Morrill Hall
About the Presentation
We study the processes of economic inequality and economic mobility over a period of 40 years in a setting in which there have been major changes in access to basic health and family planning A novel insight from this paper is that standard methods for correcting sampling weights in panel data do not adequately account for the process of household formation and dissolution. We develop a new approach to weighting that requires the kind of information available in the context of a demographic surveillance system and use these weights to look at long term changes in educational investment of households in the Matlab area. We show that a substantial rise in average educational investment among children 6-16 has been accompanied by high levels of economic mobility but little reduction in economic inequality.
Andrew Foster is a Professor of Economics at Brown University and a member of the Population Studies and Training Center. He is an applied microeconomist with work in development, health, population and the environment. Current work includes studies of long term economic mobility, the returns to scale in agriculture, the ex ante effects of risk on schooling, and changes in income segregation.
Filed under: Seminar Series
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Where cyber champs test their mettle
Raytheon researchers sharpen their skills at cybersecurity contests
Security researchers from Raytheon volunteered their skills as members of the Red Team at this year's National Collegiate Cyber Defense Competition. The team requested their faces not be shown in this photograph.
To catch a hacker, you've got to think like a hacker.
Many cyber professionals compete in Capture the Flag, or CTF, events, to get in the mindset, sharpen their skills and gain a little street cred inside the profession. One CTF team, founded by current and former Raytheon employees, is among the top competitors in the nation. Dubbed the "NASA Rejects," it's ranked fourth in the U.S. out of more than 2,000 teams, and 24th worldwide among more than 13,400 teams, according to CTFTime, a website that tracks and ranks CTF competitions.
A CTF competition is typically a gamified set of challenges designed to hone cybersecurity skills in a variety of categories. There are three main types of CTF: Jeopardy-style, attack-defense and mixed.
“We mainly focus on the Jeopardy-style CTFs,” said Justin Wright, a Raytheon security researcher and member of the NASA Rejects, which are styled after the well-known game show. Divided into different categories, such as cryptography, steganography (hiding a file inside another file), web exploitation and reverse engineering, the contest requires teams to perform certain tasks or answer questions. The team with the most points at the end of the allotted time wins.
The Jeopardy-style CTFs are the most common and better suited for teams with a wide range of expertise, Wright said.
“Typically, six to seven of us participate in the CTF,” said NASA Rejects member DeMarcus Williams, a Raytheon security researcher.
For the larger competitions, like DEF CON, 0CTF, Google CTF, Plaid CTF, and SECCON, among others, the team rents a house to use as a home base.
“It gives us a spot where we can all meet up and work together,” said Cyrus Malekpour, a NASA Rejects member. “It is more motivating to wake up and see people working on a challenge. It gets you in the mood to start working.”
The team members perform in the competitions on their own time.
“It’s a way to keep my skills sharp,” said Williams. “The skills you use are real-world. They are the skills you need to reverse-engineer a program or take advantage of a vulnerability or break into a website.”
The value of CTFs is reflected in the large number of associated events, the prominence of the organizations that host them and the caliber of participants.
“It’s good practice,” said Wright. “A lot of the CTFs will take things that are just coming out and they will make (them into) a challenge. This helps us stay on top of the latest research and techniques.”
So with all of that said, why the name NASA Rejects?
“It’s supposed to be a joke about how cybersecurity isn’t rocket science, and we’re not rocket scientists, but we do something that people think is (just as hard),” Malekpour said.
To learn more about how to how to play a CTF or how to host a CTF click this link.
CTF NASA Rejects team
Don’t Get PWNED At Black Hat
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